Terms and Conditions for the Use of PMRealWorld.com

When registering to use this site's online project management software application, you must check the box indicating that you have read the Terms and Conditions you must abide by when using PMRealWorld.com. By checking this box, you agree to abide by the Terms and Conditions detailed below, referred to as the agreement. The words you or account holder or your refers to the account holder who signs up for the service and any users the account holder may assign to his account. The account holder assumes sole responsibilty for any actions on this web site by his/her users. The term web site refers to all areas of PMRealWorld.com. The terms we or us refer to Windsong Enterrprises, a sole proprietorship based in the State of Texas, operating the web site.

1. Click the checkbox to agree to the Terms
The agreement between you and us is effective immediately upon checking the box entitled I have read and understand the Terms of Use for this site on the registration page of the web site. If you do not accept this agreement, you are not authorized to use the web site.

2. Violation Consequences
It is up to the account holder to instruct all users created for this account in the proper use of the web site according to the agreement. Any violation of the agreement by the account holder or his/her users could result in permanent termination of authorization to use the web site and loss of all data that has been entered by the account holder on the web site without any refund of funds paid to us for the use of the web site. Further, if any local, state, national, or international laws are broken with these violations, the account holder could be prosecuted in a court of law.

3. Services
In return for fees paid by the account holder which have cleared payment, we provide, through the web site, an online venue to post, view and share information pertaining to the management of projects. The web site's software provides a fixed structure for entering and retrieving your information. The software provides a fixed methodology for sharing your information with others. You may add users to your account and assign them various permissions on pieces of your projects. You will have available to you a fixed amount of resources to store your information on the web site, as defined in the pricing structure outlined on the Pricing page.

4. System Integrity
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, cancelbots or denial-of-service attacks, intended to damage or interfere with the proper working of the web site or any transaction being conducted on our site, or to surreptitiously intercept or expropriate any system, data or personal information from the web site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques.

5. Information Posted on the Web Site
A. You are solely responsible for information that you post on our Web Site, including but not limited to:
(i) any audio, video or photographic content (collectively, "Multimedia Content"),
(ii) all data and files uploaded for your projects,
(iii) You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein. Your information must not: (a) infringe any third party's rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography. We do not endorse any information posted by account holders and we are not liable for any such information posted on our site, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on our site which we believe is appropriate in our sole discretion with respect to such information, including but not limited to termination of this Agreement. However, we cannot, nor do we, control the information provided by you or other account holders or other content providers which is made available through our system. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled. Information on the PMRealWorld Web Site is provided "AS IS" and may contain technical inaccuracies or typographical errors.
B. The Web Site may contain links to third-party web sites not under the control or operation of Guru.com. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.

6. Term and Termination
A. This Agreement shall become effective upon the execution hereof by the parties, as described above, and shall continue until terminated by Windsong Enterprises or you as provided for under the terms of Section 5(B) of this Agreement.
B. Additionally,
(i) When you pay the fee while registering to use this web site, you will be authorized to use the web site as described above for the term of authorization described on the Pricing page (currently one year.) as long as you comply with the agreement. When you have completed at least one half of the term (currently six months), you will have the option of renewing your subscription for another term. You must initiate this renewal - there is no automatic renewal process on the web site. The web site will not make any charges to any of your funding sources on your behalf without you initiating this process for your protection. The web site does not store any of your sensitive financial information. If you do not renew your registration before the expiration date on your current subscription, your registration will expire and all of your data and your users are subject to deletion by us and you will no longer have access to the web site and this agreement shall be considered terminated by you.
(ii) It is our intention to provide a convenient, user-friendly project management system to our account holders in order to enhance their abilities to perform their business functions, providing them with a business advantage. It is NOT our intention to hold any account holder "hostage". If after beginning to use our web site, the account holder decides continuing the subscription is not in their best interests for whatever reason, the account holder may terminate service in the following manner. If you want to terminate this agreement early, you must provide written notice in the form of an email to us using the Contact Us page. We will be glad to refund a proration of your term fee based on remaining whole months of unused usage.

7. Privacy and Confidentiality
A. Your use of the Web Site and the services provided therein and thereby is governed by the terms of this Agreement and the PMRealWorld.com Privacy Policy. It is your responsibility to review the PMRealWorld.com Privacy Policy (Privacy Policy), which is incorporated by reference into this Agreement in its entirety, and we suggest that you review the Privacy Policy and print a copy for yourself. The Privacy Policy is posted on the Web Site and may be updated from time to time. If at any time you are not in compliance with the Privacy Policy, we have the right to terminate your rights of use and access to the Web Site and to terminate this Agreement. Unfortunately, we cannot ensure that disclosure of your personal information will not occur in ways not described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement agencies or third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
B. Any user identification ("User ID") and password, and any authorization codes or similar verification identifiers provided to you by us should be maintained as confidential and should not be distributed or disclosed to third parties. It is your responsibility to notify us if you need to change or discontinue your User ID and password and/or authorization codes, if applicable. You may only do so by contacting us using the Contact Us page on this web site.

8. Ownership.
The Web Site and all intellectual property rights related to the Web Site, including but not limited to copyrights, trademarks, service marks and any feedback left by account holders on the Web Site, are owned or licensed by us, and all right, title and interest in the Web Site and the related intellectual property rights remain our property. You may not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Web Site or any related intellectual property, including any services provided via the Web Site, and this Agreement does not grant you permission to do so. Certain content is licensed from third parties. All such third party content and all intellectual property rights related to that content belong to the respective third parties. You may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained in the Web Site, including any Web Site content.

9. Warranties.
A. Each party warrants that it has the right and or full corporate power and authority to enter into this Agreement.
B. THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS," WHERE IS, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESSED OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE).

10. Indemnification.
You agree to defend, hold harmless and indemnify Windsong Enterprises from and against any and all losses, costs, expenses, damages or other liabilities incurred by us from and against any cause of action, claim, suit or proceeding brought by a third party against us in connection with your use of the Services including any payment obligations incurred through use of the Services. You further agree to indemnify, defend and hold PMReal.com harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from:
(i) your use of the Web Site
(ii) your decision to supply credit information via the Web Site, including personal financial information;
(iii) your decision to create other users and grant them access to your projects;
(iv) any breach of contract or other claims made by Users with which you conducted business through the Web Site;
(v) your breach of any provision of this Agreement;
(vi) any negligent or intentional wrongdoing by you;
(vii) any act or omission of yours or your users;
(viii) We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

11. Limitation of Liablility.
A. IN NO EVENT SHALL Windsong Enterprises BE LIABLE TO YOU OR ANY OTHER ACCOUNT HOLDER OR YOUR CREATED USERS FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. In the event that you have a dispute with one or more account holders or your own created users, you release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Web Site, the Services, or such dispute. You waive the provisions of any state law limiting or prohibiting a general release.
C. Notwithstanding any other provision of this Agreement, in no event will Windsong Enterprises' liability to you for any action or claim related to the Services provided under this Agreement, whether based on contract, tort, negligence, or any other theory of liability, exceed the greater of:
(i) $1000 or
(ii) the aggregate amount of Service Charges actually collected by PMRealWorld.com from you for the Services to which the liability relates during the six (6) month period immediately preceding the determination of such liability.
D. Our contracts with certain of our suppliers provide for scheduled maintenance, preventative maintenance, and emergency maintenance work. We will have no liability whatsoever for any unavailability of the Web Site caused by our supplier's performance or lack of performance of the maintenance work needed to keep the Web Site operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts, the acts of any web services provider or problems with the Internet infrastructure and networks external to the Web Site. The limitations of liability provided in this Agreement inure to the benefit of us, our affiliates and all of our respective officers, directors, employees, attorneys and agents.

12. Assignment. Windsong Enterprises has the right to transfer or assign this Agreement and the rights hereunder to any other person or entity without your consent. You do not have the right to assign or transfer this Agreement or any rights hereunder to any other person or entity without our prior written consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.

13. Governing Law and Juristiction. The PMRealWorld.com Web Site (excluding linked sites) is operated by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states and from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing the Web Site, you agree that this Agreement and your use of the Web Site, and the services offered therein and thereby, shall be governed in all respects by the internal substantive laws of the State of Texas, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further submit to jurisdiction and venue in the state and federal courts located in the State of Texas, WallerCounty and further agree that any cause of action you may bring arising under your use of the Web Sites shall be brought by you exclusively in a state or federal court located in the State of Pennsylvania, Waller County. We make no representation that materials on the Web Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

14. State Secific Legal Notices.
* Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: Windsong Enterprises, located in Brookshire, Texas, is the provider of the electronic commercial service on this site. account holders are notified in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact Windsong Enterprises to resolve a complaint regarding any aspect of service relating to this site by using the Contact Us page on the PMRealWorld.com web site.

14. Miscellaneous.
A. This Agreement, and all writings, web pages, agreements and policies, including, but not limited to, the PMRealWorld.com Privacy Policy, incorporated herein, contains the entire Agreement between the parties and supersedes any prior agreement, negotiation or understanding of the parties, whether oral or in writing, with respect to the subject matter of this Agreement. Any representations, promises or conditions not incorporated herein shall not be binding upon Windsong Enterprises or Registered User or their respective successors and assigns. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of both parties.
B. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Failure of either party to act or exercise its respective rights under this Agreement upon the breach of any other terms hereof by the other party shall not be construed as a waiver of such a breach or prevent said party from thereafter enforcing strict compliance with any or all of the terms thereof.
C. Neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
D. You must comply with all applicable laws, statutes, ordinances and regulations regarding:
(i) your use of the Web Site and the Services and any Other Services provided thereby or therein;
(ii) your ordering or posting of, services or offers, if applicable; and
(iii) the posting and retrieval of information by you, including without limitation those governing antitrust, unfair competition, false advertising, taxation and export control. You are responsible for paying all applicable fees and taxes you incur in connection with access to our servers and our Web Site.
E. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflicts of laws provisions.