Welcome to our website. MyPM, LLC provides professional services and digital assets, (E.g., eBooks, eTemplates, practice exams, flashcards, and site content) subject to the notices, terms and conditions set forth below.
SECTION 1. GENERAL TERMS
By placing an order on this website, you are offering to purchase a digital asset, subject to the terms and conditions in this agreement. Please refer to our Refund Policy before making a purchase because all sales of digital assets are final.
In order to contract with MyPM, you must be over 18 years of age and possess a valid credit or debit card issued by a bank accepted by MyPM. We reserve the right to refuse service and to refuse the sale of our digital assets to anyone, for any reason, at any time.
We also reserve the right to revise these Terms and Conditions, at any time. When we make changes, we will post them here. If you do not agree with these Terms and Conditions, please do not access this website.
SECTION 2. TERMINATION
A breach or violation of any of the terms specified below will result in an immediate termination of your services and a revocation of any license granted by MyPM.
SECTION 3. ORDERS
When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will be an acknowledgement only and will not constitute acceptance of your order. A contract between us for the purchase of digital assets will not be formed until your payment has been approved by MyPM and we have debited your credit or debit card.
SECTION 4. PRICE
You agree to pay MyPM the amount set out as the “TOTAL” in your order summary.
SECTION 5. METHOD OF PAYMENT
When placing an order, your billing address must correspond to the address of your credit card, otherwise, we are unable to process your order. When you make a purchase, you authorize MyPM to charge the applicable card for the displayed total price. You represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not download and MyPM has no obligation to fulfill your order
SECTION 6. "NO REFUND" POLICY REGARDING DIGITAL ASSETS
MyPM provides NO REFUNDS after the download of our digital assets. By accessing our website and making a purchase, you consent to our Refund Policy.
Under limited circumstances, we do offer replacement files. Our Refund Policy specifies the conditions for which we provide replacement files.
SECTION 9. THIRD PARTY LINKS
Occasionally, where we find it useful to share knowledge or otherwise enhance visitor experience, MyPM provides external links to third party websites. MyPM assumes no responsibility for the content of websites to which we link.
SECTION 10. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MYPM, LLC OR ITS MEMBERS, DIRECTORS, OFFICERS, AGENTS, OR ITS EMPLOYEES BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INFORMATION, OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF MYPM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
SECTION 11. DISCLAIMERS OF WARRANTIES REGARDING THE WEBSITE AND DIGITAL ASSETS
MyPM cannot and does not represent or warrant that the website or its server will be error-free, uninterrupted, free from unauthorized access, (including third-party hackers or denial of service attaches), or otherwise meet your requirements.
Although MyPM and individual author(s) have used their best efforts in developing and preparing the website content and digital assets, they make no representations or warranties with respect to the accuracy or completeness of the website content and digital assets and specifically disclaim all warranties, including without limitation, any implied warranties of merchantability and warranties of fitness for a particular purpose. Further, neither MyPM nor the author(s) warrant that the operation of the website and digital assets will be uninterrupted or error free. No warranty may be created or extended by sales representatives, promotional materials, or other communication.
In no event will MyPM or the author(s) be liable for any damages, whether arising from tort or contract, including loss of data, loss of profits, harm, or other special, incidental, consequential, or indirect damages arising out of the use or inability to use any digital asset available on this. The website content and digital asses contained herein may not be suitable for your project, your proposal, or your situation. Consult with a professional, as appropriate.
SECTION 12. INTELLECTUAL PROPERTY
When accessing our website, you agree to respect the intellectual property rights of MyPM. You agree that you shall be solely responsible for any violations of relevant laws and for any infringement caused by you.
Specifically, the trademarks, trade names, logos, domain names, and service marks (collectively, the “Trademarks”) displayed on this website are the registered and/or unregistered Trademarks of MyPM, or such third party that may own the displayed Trademarks. Nothing contained on this website or in the Terms and Conditions shall grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this website without the written permission of MyPM or such third party that may own the displayed Trademarks.
SECTION 13. DISPUTE RESOLUTION AND ARBITRATION
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement, this website, any credit transaction, or the breach thereof, the parties shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
If they do not reach such solution within a period of 60 days, and the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures, before resorting to arbitration.
If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration, via one arbitrator, and administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
The place of negotiation, mediation, and arbitration shall be online.
The costs of mediation and arbitration shall be initially borne by the party bringing the complaint and later shall be apportioned by the mediator or arbitrator.
Judgment on the award rendered by the arbitrator will be binding and may not be appealed. A judgement of a court having jurisdiction may be entered upon the arbitrator’s award.
SECTION 14. COPYRIGHT NOTICE
Copyright © 2022. MyPM, LLC. All rights reserved. Except as permitted by the Grant of License below, or as permitted under Section 107 or 108 of the 1976 United States Copyright Act, no part of this website or any of the digital assets contained herein may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, including printing, photocopying, or other electronic or mechanical methods. All other uses require the prior written permission of the publisher (MyPM), except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For permission requests, write to firstname.lastname@example.org. In subject Line, please include “Attention: Permissions Review.”
SECTION 15. GRANT OF LICENSE
To purchasers of our digital assets, MyPM, LLC grants a nonexclusive, nontransferable license to use the assets according to the terms and conditions herein. MyPM authorizes licensees to download them in any of the available formats. MyPM also authorizes licensees to install the digital assets, or any portion thereof, on all devices for personal or professional use only, as described below.
PROJECT MANAGEMENT USE - The project management templates contained herein may be saved, edited, stored, and distributed by licensees, as they would be saved, edited, stored, and distributed in the ordinary course of managing a project. For example, in an organizational setting, a project manager licensee may save, edit, and store the digital assets on personal and organizational devices and may distribute the digital assets to others in the organization who would customarily receive or access project information.
PERSONAL OR EDUCATIONAL USE - The project management templates contained herein may also be saved, edited, stored, and distributed by student and teacher licensees, as they would be saved, edited, stored, and distributed in the ordinary course of learning, such as a private classroom environment. For example, in educational settings, both teachers and students must be licensees to save, edit, store, and distribute the digital assets amongst themselves, regardless of whether the protected assets appear in digital or hardcopy format.
Licensees shall not for any other reason: (1) share, resell, rent, assign, timeshare, distribute, upload, or transfer all or any part of this e-book or any rights granted hereunder to any other person or entity; (2) remove any proprietary notices, labels, or marks from the digital assets; (3) transfer or sublicense title to the assets to any other party.
UNDER NO CIRCUMSTANCE DOES MYPM AUTHORIZE LICENSEES OR NON-LICENSEES TO UPLOAD OUR DIGITAL ASSETS TO THIRD-PARTY WEBSITES. FURTHER, MYPM DOES NOT AUTHORIZE OWNERS OF THIRD PARTY WEBSITES TO PERMIT THE UPLOAD OR DISTRIBUTION OF OUR DIGITAL ASSETS. NO PRIOR INACTION OF MYPM SHALL FORFEIT ITS PRESENT OR FUTURE RIGHTS. AT ALL TIMES, MYPM RESERVES ITS RIGHT TO PURSUE BOTH COMPENSATORY AND NON-COMPENSATORY DAMAGES FOR INFRINGEMENT OF ITS RIGHTS.
SECTION 16. GOVERNING LAW
This Agreement contains the entire and complete understanding of the parties and is made in and shall be governed by the laws of the State of New York, USA.