Policy for RMC Online Training Courses

Please read the following policy statements before continuing. By clicking either Agreed (continue) button below, you signal your compliance with RMC’s e-Learning policies. A copy of these policies is kept with the course, under User Assistance.

Copyright License Agreement

This Copyright License Agreement (“Agreement”) is a legal agreement between RMC Project Management, Inc. (“RMC”) and you (“Licensee”). By clicking “Agreed” below and accessing this e-Learning Course and/or printing any materials from this e-Learning Course, Licensee agrees to be bound by this Agreement’s terms and conditions.

RMC owns or licenses all intellectual property rights (including, where applicable, copyright, trademark, domain name, trade secret, and patent rights) in all materials provided by RMC in connection with this Agreement (“Course Materials”), including without limitation any and all materials or other works created by RMC relating to the delivery of this e-Learning Course, including any structure or code developed or created by RMC or at the direction of RMC.

RMC hereby grants a limited, non-exclusive license to Licensee to use the Course Materials for the sole and exclusive purpose of preparing to take the PMP Examination sponsored and administered by the Project Management Institute, and include keeping materials for personal reference, making notes and checklists, and creating working tools to be utilized in connection with his/her preparation for the PMP Examination. These licenses do not include the right to use Course Materials to provide any training to any person, party or entity for any purpose including, but not limited to preparing such persons for taking the PMP Examination. Licensee may not sublicense or disclose the Course Materials (or any derivative products created from them) to third parties in any form for any reason. RMC owns any derivative products created by Licensee except any portions that include Licensee’s own confidential information or pre-existing intellectual property (or that of any third party). Licensee will not alter, develop derivative products, or otherwise use the Course Materials as a whole or in part in any form or any purpose other than preparing for the PMP Examination without the prior written consent of RMC. Licensee will not remove RMC’s copyright and trademark on the Course Materials and will add RMC’s copyright on the RMC-owned portion of all derivative works created by Licensee. If any of these terms and conditions is not met, RMC reserves the right to revoke the license granted by this Agreement.

As a participant in an RMC online course, Licensee owns any original material that Licensee creates and enters online as part of the course, including Licensee's comments and testimonials about the quality of the course and the instructor (“Testimonials”), messages posted in chat and threaded discussion, and project deliverables (collectively “Licensee’s Material”) submitted online or sent via email to the course instructor. Licensee hereby gives RMC a license to share Licensee’s email address with other students in certain team-based courses, use Licensee’s Testimonials for marketing purposes, share all other Licensee’s Material with other RMC students and to use Licensee’s material for RMC’s own business purposes. Except for the Testimonials (which RMC may use for marketing purposes) the Licensee agrees not to sell, license, or otherwise make Licensee’s Material available to any party other than RMC and its students.

RMC does not warrant or guarantee that the Course Materials will satisfy the intended use by Licensee.  RMC IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. RMC’s liability with respect to the Course Materials provided hereunder will not exceed the amount that Licensee paid for this e-Learning Course, even if any term of this Agreement fails of its essential purpose.

Licensee hereby indemnifies and will defend and hold RMC harmless against all claims, damages, injuries or deaths, judgments, liabilities and expenses (including legal costs and attorney fees) arising from or in connection with Licensee’s breach of the conditions to this License, or Licensee’s negligence or violation or alleged violation of RMC’s proprietary information, trademark, copyright, or patent. The obligation to indemnify will survive the termination of this Agreement.

This is the entire Agreement between the parties as to the subject matter hereof and supersedes all other agreements, express or implied, written or oral. No modification of, or amendment to, this Agreement shall be binding unless in writing and signed by both parties. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. Licensee may not assign this Agreement without the prior written consent of RMC. Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege. The Agreement will be governed by and construed according to the laws of the United States of America, and specifically the State of Minnesota, without regard to its choice of law rules, and specifically excluding the U.N. Convention on Contracts for the International Sale of Goods. Any lawsuit filed regarding this Agreement must be filed in the United States District Court for the District of Minnesota, United States of America. Any notices required or authorized to be given hereunder shall be deemed to be given when mailed by certified or registered mail, postage prepaid, as follows:

Customer Service
RMC Project Management
500 East Travelers Trail, Suite 100
Burnsville, MN 55337

Your Subscription Begins the First Time You Log In - within 24 hours of receiving your purchase confirmation, you will receive a second email containing a Username and Password for our e-Learning site. Your subscription (180 days for a Full Registration or 3 days for a Refresher Course) begins the first time you use this Username and Password to log in. If you do not log in at least one time within the first seven (7) calendar days of receiving your Username and Password, RMC will automatically activate your account and your subscription will begin. RMC recommends that you write down the date and time of your first login, so you may keep track of your account expiration. Your account will automatically be closed by our system after the purchased number of days—either 180 or 3—so we encourage you to manage your time wisely and always be aware of the time you have remaining.

e-Learning Users are Not Allowed to Share Account Access - under no circumstances is it permissible for two or more people to share the same e-Learning account. An e-Learning account is similar to a software license, in that the permission to use the service lies solely with one person. e-Learning subscriptions are not transferable, and cannot be shared or resold. If account activity indicates multiple users on one account, the account will be terminated immediately and no refund will be given.

e-Learning Users are Not Allowed to Teach or Instruct from the Online Course - although there are a number of people teaching directly (with permission) from RMC's PMP® Exam Prep textbook, no one will be given permission to use RMC's e-Learning course as an instructional tool for ANY REASON. Doing this is equivalent to sharing account access, and as stated above this is strictly prohibited.

There are No Refunds Available for e-Learning - once your account is activated and you have logged in for the first time, there will be no refunds available on your purchase of e-Learning. If you are unsure whether or not your computer system is compatible with e-Learning, we encourage you to take our free sample lesson prior to purchasing.






©2005  Rita Mulcahy, PMP