This Agreement contains the complete terms and conditions that apply to a Student participating in the PMT, LLC Tutoring program (the “Program”). As used in this Agreement listed above, “Site” means the homepage with the URL www.pmtrainingclass.com, and “Student” is the registered, attendee that participated in a live class for the intention of achieving either: PMP Certification, CAPM Certification, PMI-ACP Certification, Six Sigma Yellow Belt Certification, Six Sigma Green Belt Certification, Six Sigma Black Belt Certification, CISSP Certification, ITIL Certification or Scrum Master Certification.
This is an agreement, commencing on the date specified above between “PMT” and the “Student.” The Student's rights and obligations shall apply exclusive; however this is not an exclusive program, PMT, LLC is authorized to enter into other program agreements as in their sole and absolute discretion. The term of this agreement shall begin on the Commencement Date and terminate as provided herein below. Either PMT, LLC or Student may terminate this agreement upon 30 days of prior written notice. This is the entire agreement between the parties. No changes may be made except in writing and executed by both parties. All notices shall be by delivery of a signed writing to the other party's address listed above and deemed given on the third date being placed with the applicable carrier.
2. Limitation of Liability
PMT, LLC will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if PMT, LLC had been advised of the possibility of such damages.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or the Student's relationship with PMT, LLC shall be submitted to confidential arbitration in Maryland, except that, to the extent the Students has in any manner violated or threatened to violate PMT, LLC’s intellectual property rights, PMT, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Maryland (and Student consents to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
4. General Disclaimers
Student does not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to the Product or General Links, link formats, technical specifications, guidelines or graphical artwork. Student also acknowledge that PMT, LLC may monitor the Student's correspondence with their Tutor for the purpose of ensuring the quality and reliability of Product. Student also acknowledges that as a participant in the Program, PMT, LLC may from time to time send email updates about the Program. PMT, LLC makes no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, PMT, LLC makes no representation that the operation of the Tutoring program will be uninterrupted or error-free, and PMT, LLC will not be liable for the consequences of any interruptions or errors.
This Agreement will be governed by the laws of the United States and the state of Maryland, without reference to rules governing choice of laws. Students may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
6. Term and Termination
This Agreement shall last for an Initial Period of two (2) years, and will continue in effect until termination by any of the parties as provided herein. After the Initial Period, either Party may terminate this Agreement, with or without cause, by providing thirty (30) days written notice to the other Party. Notwithstanding the foregoing, either party may terminate this Agreement at any time upon a material breach of the terms and conditions by the other Party provided that the non-breaching party provides ten (10) days written notice to the other party.