ProjectConnections - Terms of Service

PROJECTCONNECTIONS TERMS OF SERVICE
Last Updated April 25, 2007

Below you will find the legalese that is required for lawyers to enjoy a peaceful night's sleep. It's important, and we encourage you to read it. But here we have crystallized the answers to the most common questions about our site license and terms, so you can see at a glance which ProjectConnections subscription is best for your situation. Our goal is just to receive fair credit for our work, and to make sure that your colleagues who are exposed to our templates know where they can get their own subscriptions.

Limited Use License
Project Managers and team members: Your individual membership or Premium subscription allows you to download and use site content in your access tier for use on your own projects or for your own professional development. Of course, we realize that you might want share a few particularly suitable templates with a colleague or two. We welcome you to do so, but please let them know you found it at ProjectConnections; they may want to explore our site and subscriptions for themselves.

You may not download content in bulk and redistribute it to colleagues in lieu of those colleagues having their own subscription.

PMO Heads, Directors, and others responsible for developing/managing project managers or defining company project methodologies: Your individual membership or Premium subscription allows you to copy project managers in your PMO/department on individual site items pertinent to current educational purposes, or to incorporate a limited number of pertinent items into your methodology. We would appreciate the courtesy of an attribution somewhere; for example within a methodology document where you've incorporated ProjectConnections content, or on your corporate internet page where you have posted a few templates.

Mass download of site content for use by multiple projects or project managers, or for wholesale inclusion in your methodology, or for creation of a new methodology, is not permitted. If you would like your project managers or team members to have complete, cost-effective access to our know-how and template base, or use all or major selections of our templates to create an entire methodology for your project managers, then please contact us to set up a discounted corporate subscription/license. We've purposely kept our prices very low, and we offer heavily discounted group subscriptions/licenses for companies, so anyone who needs the template base can have cost-effective access of their own to everything we've got.

All Members: You are free to modify templates, checklists, etc. for your project or personal use. You may modify the templates as much or as little as you wish—add company logos, change headers, add or delete items as appropriate for your project environment, etc. We appreciate the courtesy of an attribution when ProjectConnections content is circulated, but of course we do not expect our copyright to appear on any project deliverable you create for your projects.

General

These Terms of Service ("TOS") state the terms under which Emprend Corporation and its "KnowHow Networks" ("Emprend") will operate the ProjectConnections service and under which authorized Members may use ProjectConnections. Please read this document carefully. You should also read and refer to the Privacy Policy which is available from links in the footer of most ProjectConnections web pages. This TOS and the Privacy Policy constitute all of the terms and conditions applicable to the ProjectConnections service ("ProjectConnections Rules"), and unless stated otherwise, terms used in the TOS have the meanings given in the Privacy Policy.

We may amend the ProjectConnections Rules at any time by posting the amended terms on our site. The amended terms shall automatically be effective 30 days after they are initially posted on our site, and your continued use of ProjectConnections will constitute acceptance of the amended terms. These Rules may not be otherwise amended except in writing and agreed to by both parties. This TOS was last revised on April 25, 2007.

Accessing and Using ProjectConnections

Access.

Basic Equipment/Internet Access/Telephone Charges. In order to access and use ProjectConnections you currently must have a Netscape or Microsoft browser version 4.0 or later and Internet access through an Internet service provider. You are solely responsible for all Internet access and telephone charges you incur in using ProjectConnections. For specific technical questions send email to info@projectconnections.com. Any disputes or problems regarding telephone service or Internet access service are strictly between the Member and the applicable telecommunications service provider.

Your ProjectConnections Account.

Account Information. You agree to provide true, accurate and complete registration information and subscription enrollment information and to maintain and promptly update your information as applicable. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Emprend has the right to terminate your use of ProjectConnections and Emprend, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize Emprend and its agents to make any inquiries they consider necessary to evaluate your registration.

Password. Upon your registration as a Member, you will select a screen name and password. You are responsible for maintaining the confidentiality of your password and are liable for any damages resulting from disclosing or allowing disclosure of any password or for use by any person of your screen name and password to gain access to ProjectConnections. At no time should a Member ever respond to an online request for a password. Employees from Emprend will never ask for a Member's password or credit card number via email, forum posting, or instant message.

Fees, Billing and Payment & Charges. You will be charged a fee to access various events, services and content on ProjectConnections. The fees and other charges may be accessed by you at http://www.projectconnections.com/members/index.html, as Emprend may modify from time to time. You should review such charges prior to your using or entering the applicable events, services or content for which you will be charged. Unless otherwise stated, all fees are quoted in U.S. Dollars. You agree to pay the fees in the manner designated by Emprend on the subscription enrollment form for such event, service or content. Your account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. Invoices will have payment terms of net 30. Non-payment or late payment of fees will result at Emprend's discretion in the suspension of access to all or portions of ProjectConnections, termination of your membership or imposition of a late charge of 10% or the highest rate allowed by law, whichever is lower, or any combination of the foregoing options.

Communications & Online Conduct.

ProjectConnections offers Members the capability to communicate in Public Areas generally accessible to other Members or to communicate privately with another Member. Public Areas are those features that are generally accessible to other Members, such as, but not limited to, online forums, message boards, online conference facilities and chat rooms. Emprend will maintain ProjectConnections Public Areas as an open forum for discussion of issues and viewpoints. Emprend does not and can not monitor the Public Areas or any other area of ProjectConnections. Emprend has neither the practical capability, nor does it intend to screen communications from Members in advance to ensure that online standards are being maintained. Each Member is responsible for its own online conduct.

Any conduct by you that in the opinion of ProjectConnections staff restricts or inhibits any other Member from using or enjoying ProjectConnections will not be permitted and may result in termination of Membership. You agree to use ProjectConnections only for lawful purposes. Without limiting the generality of the foregoing, you may not post or use ProjectConnections to:
1. harass, threaten, embarrass, distress, or discomfort another Member or user of ProjectConnections or other person or entity. You may have a disagreement with someone's point of view - we encourage lively discussion in ProjectConnections - but personal attacks, or attacks based on a person's, race, national origin, ethnicity, religion, gender are not permitted. Address the subject, not the person.
2. transmit or post any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, racially, ethnically or otherwise objectionable content, including sexually explicit images or other content deemed offensive by Emprend.
3. impersonate any person, including but not limited to, an Emprend official, a ProjectConnections staff member, partner, vendor, affiliate, Learning Group leader or forum moderator or communicate under a name that you are not entitled or authorized to use.
4. post or transmit chain letters or pyramid schemes, or any other unsolicited advertising, promotional materials, or any other similar forms of solicitation or communication to other users, except with the written permission of Emprend.
5. violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law.
Messages that violate any of these guidelines may be deleted without notice, and membership may be terminated by Emprend.

Offensive Communication. ProjectConnections is a community-oriented service composed of many different groups of people representing many organizations. Our goal is to provide an interesting, stimulating and productive place for all Members. Please use your best judgment and be respectful of other Members. Should you receive any warning about your content or conduct, take the time to read the ProjectConnections Rules again, comprising the Privacy Policy and these TOS which you will find linked from the footer of most pages on the ProjectConnections web site.

Reporting Offensive Communications. If you witness any communication that violates the ProjectConnections Rules, you may contact ProjectConnections by email at info@projectconnections.com. Please use the subject "Suspected TOS violations".

Content and software you provide.

You may transmit on or through ProjectConnections content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Domain Content"), or content regarding which the holder of any copyright, trademark, or other proprietary rights ("Rights") has given express authorization for use, reproduction and distribution on ProjectConnections subject to the terms described below. Any copyrighted content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of the owner]; Used by Permission." The unauthorized submission of content which is subject to any third party Rights constitutes a breach of the ProjectConnections Rules and may also render you liable to the holder of such Rights. One example of such a violation would be reproducing a book chapter or copyrighted article on the message boards without permission of the copyright holder. Remember you, not Emprend or its partners, vendors, affiliates, licensors, or independent contractors, are exclusively and fully liable for any infringement of Rights arising from such submission or transmission.

By submitting content to any area you are deemed automatically to (a) grant to Emprend the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any Rights that may exist in such content, and grant to Members the right to access, view, store and reproduce the content for personal use; and (b) warrant that either you are the sole and exclusive holder of all Rights in and to such content or that the holder of any Rights in such content has waived all such Rights or has expressly, validly and irrevocably granted to you the right to sublicense the content as provided in (a). Subject to the foregoing, the owner of content placed on ProjectConnections retains any and all rights which may exist in such content. Emprend will not assume ownership of such content but does receive the license as described above and owns the derivative works of such content (subject to the Rights holder's ownership in the underlying content) and owns a copyright in the selection, coordination, arrangement and enhancement of such content into collective works and compilations.

To the extent that posting software is distinguished from content, then by posting shareware or other software to ProjectConnections forums, message boards or file libraries, you are automatically deemed to grant to Emprend the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, publish, distribute, perform and display the software in any form, media, or technology now known or hereafter developed. You may provide for additional license terms and restrictions to Members in your upload of any such software on ProjectConnections, but Emprend shall have no obligation whatsoever with respect to enforcing such terms and conditions and reserves the right to remove any software from its network, at its sole discretion.

Other content, software and services

Emprend, other Members and other third parties may provide and offer content, software or other services to you as a Member of ProjectConnections. With respect to content and software of other Members, you may use such content and software in accordance with the licenses granted to Members in Section 2.D above. Except as permitted above, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit, any of the content or software, in whole or in part provided on ProjectConnections, whether by Emprend, Members or other third parties; provided that if no specific restrictions are applied directly or indirectly in relation to a particular item of content, you may make a reasonable number of copies of such item, including copyright material, provided that the copies are made and used only for your personal use and that you ensure that any notices contained in the content such as all copyright, trademark, and other proprietary rights notices are reproduced in an unmodified form in all such copies.

Members may be subject to any additional terms and conditions relating to the use of such content, software or services, and failure to abide by any such terms and conditions may result in termination of Membership. You understand that unless expressly stated in writing neither Emprend nor any of its affiliates controls, provides, operates or is responsible for any content, goods or services available on the Internet through links from or to ProjectConnections. All such content, goods and services are made accessible on the Internet by independent third parties and are not part of ProjectConnections or controlled by Emprend and their presence on ProjectConnections does not constitute an endorsement by Emprend and does not create any liability of Emprend to the user of such third party content, goods or services.

Certain Rights and Responsibilities

Please use your best judgment in evaluating all information contained or opinions expressed on ProjectConnections. It is Emprend's policy not to endorse, oppose, or edit any opinion expressed by a Member or information or material provided. Emprend cannot determine in advance the accuracy, or conformance to the ProjectConnections Rules, of content and other materials transmitted on ProjectConnections. Emprend is not responsible for screening, policing, editing, or monitoring such materials. If notified of material which is alleged not to conform to the ProjectConnections Rules, Emprend may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such material from ProjectConnections. Emprend has no liability to anyone in respect of its performance or non-performance of such activities.

Export Control Laws

The export control laws of the United States and other jurisdictions regulate the export and re-export of certain technology. This includes the electronic transmission of certain information and software to particular foreign countries and foreign nationals. You agree to abide by these laws -- including but not limited to the United States Export Administration Act and their implementing regulations -- and not to transfer, by electronic transmission or otherwise, any content derived from ProjectConnections which is governed by or regulated under such laws to a national or a destination prohibited or restricted under such laws without first obtaining any and all required governmental authorization. You further agree not to upload to ProjectConnections any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of the Agreement.

Indemnification

You agree to indemnify, defend and hold harmless Emprend, its affiliates, officers, directors, employees, and agents from any and all claims, liability, damages and/or costs (including without limitation attorneys' fees and legal costs) arising out of or related to any content, software or other materials that you upload or post on ProjectConnections, including, but not limited to, any third party claim that the content or software (or any part thereof) you uploaded or posted infringes any copyright, trademark, tradename or patent rights of a third party, defames or invades any right of publicity or privacy, or otherwise infringes any other proprietary right; or otherwise arising out of or related to the use of ProjectConnections under your membership or your violation of the Rules.

Termination

Emprend may terminate your membership at any time, at its sole discretion, upon providing notice of termination to you. You may terminate your membership with or without cause at any time, effective immediately upon written notice to us. Should you object to (a) any terms and conditions of this TOS or any incorporated document, or (b) any subsequent modifications to this TOS or any incorporated document, or (c) become dissatisfied with ProjectConnections in any way, your sole recourse is to immediately discontinue use of ProjectConnections and notify us of the termination of service. Upon termination of your membership, your right to use ProjectConnections ceases immediately. You will remain responsible for all payment obligations existing prior to the effective date of your termination. No refunds will be provided upon any termination of the service to you. Emprend may but has no obligation to delete your content, software or other materials you posted or otherwise provided on or through ProjectConnections upon termination of your membership. Emprend will have no obligation to return any such materials to you at any time.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF PROJECTCONNECTIONS IS AT YOUR SOLE RISK. PROJECTCONNECTIONS (AND ANY AND ALL CONTENT, SOFTWARE AND SERVICES) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMPREND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EMPREND MAKES NO WARRANTY THAT PROJECTCONNECTIONS WILL MEET YOUR EXPECTATIONS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

ANY CONTENT, SOFTWARE AND OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PROJECTCONNECTIONS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOU, INCLUDING BUT NOT LIMITED TO YOUR COMPUTER, SYSTEM OR NETWORK OR LOSS OF DATA, THAT RESULTS DIRECTLY OR INDIRECTLY FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

Limitation of Liability

YOU AGREE THAT EMPREND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EMPREND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE PROJECTCONNECTIONS OR OTHERWISE ARISING OUT OF OR RELATING IN ANY WAY TO PROJECTCONNECTIONS OR THE RULES.

THE LIABILITY OF EMPREND AND ITS AGENTS, SUPPLIERS, AND SUBCONTRACTORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.

Customer Service Communication

In order to ensure quality customer service, Emprend may monitor Member communication with ProjectConnections customer service employees.

Governing Law

This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents.

Disputes

Any controversy or claim arising out of or relating to this TOS or the provision of ProjectConnections shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Jose, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Emprend may seek any interim or preliminary relief from a court of competent jurisdiction in San Jose, California necessary to protect the rights or property of you or Emprend (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

Legal Notices

ProjectConnections and the ProjectConnections logo are trademarks of Emprend. All other trademarks appearing in ProjectConnections are trademarks of their respective owners.

NOTICE TO CALIFORNIA RESIDENTS: ProjectConnections is offered by Emprend directly or indirectly through its agents, suppliers, and subcontractors. Emprend is currently located at 493 Seaport Court, Suite 102, Redwood City, CA 94063 USA. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Fees for our services are described on our website and are accessed at http://www.projectconnections.com/members/index.html. A copy of the fee information can be obtained by email from info@projectconnections.com. If you have a complaint about ProjectConnections, please contact Emprend. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may also be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

General.

Emprend does not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. We and our agents, suppliers, and subcontractors are not responsible for delays or errors in transactions resulting from other parties. If any provision of this TOS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforceable to the fullest extent possible in accordance with the intent of the TOS. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

©Copyright 2000-2008 Emprend, Inc. All Rights Reserved.
About us Site Map View current sponsorship opportunities (PDF)
Contact us for more information or e-mail info@projectconnections.com
Terms of Service and Privacy Policy

ProjectConnections Print View