This Terms and Conditions Agreement (“Agreement”) by and between PMSOFT (“we”, “us”, “our” or “PMSOFT Consultancy PVT LTD”) and you (“you” , “your” or “User”) governs your use of the www.pmsoft.com web site (“Site”) together with all information, content, products, materials and services made available to you through the same by us and/or third parties (which together with the Site shall be collectively referred to as the “Services”).
The term “Interactive Services” refers to chat boards, blogs, virtual communities, and other interactive media made available by PMSOFT via the Site.
The term “PMSOFT Intellectual Property” refers to, all text, graphics, images, trademarks, logos, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same which are owned by PMSOFT or licensed to PMSOFT by third parties. This includes but is not limited to PMSOFT Content and PMSOFT Trademarks.
The term “PMSOFT Content” refers to copyrighted content owned by PMSOFT or other copyrighted content owned by third-party partners of PMSOFT.
The term “Services” refers to all information, content, products, materials and services made Available to you by PMSOFT and/or affiliated third parties via the Site
The term “Site” refers to the website www.pmsoft.com, which is owned and operated by PMSOFT
The term “User Content” refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials posted on or to the Interactive Services sections of the Site by Users.
The terms ”you”, “your” and/or ”user” refer to any individuals and/or entities accessing the Site for any reason.
OWNERSHIP AND USE OF PMSOFT INTELLECTUAL PROPERTY
Ownership and Use: PMSOFT Intellectual Property, which excludes the User Content you upload, post or otherwise transmit via Interactive Services (the “PMSOFT Intellectual Property”), is owned by PMSOFT or licensed to us by our third party partners. The PMSOFT Intellectual Property is the property of PMSOFT, and is protected by copyright and other intellectual property laws. PMSOFT Intellectual Property does include, however, any content developed and/or posted via the Interactive Services that has been created in whole or in part by PMSOFT. You have no rights in or to such PMSOFT Intellectual Property and you agree you will not copy, retransmit, reproduce, publish, create derivative works based upon or otherwise transmit any PMSOFT Intellectual Property, except as specifically permitted under this Agreement. Copying and distributing Content to third parties from the Service is forbidden. You acknowledge and agree that the PMSOFT Content is made available for informational and educational purposes only without representation or warranty of any kind and is not a substitute for legal advice or your professional judgment. Your reliance upon PMSOFT Content obtained by you on or through the Services is solely at your own risk. All rights not expressly granted in this Agreement are reserved to PMSOFT.
Reasonable Usage: Subscribers are limited to reasonable usage. This reasonable usage restriction is intended to protect PMSOFT’s intellectual property, not to restrict legitimate use of our website.
Permission to Use PMSOFT Content: You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate Content to anyone without the express prior written consent of PMSOFT.
Trademarks: The PMSOFT Trademarks appearing on this site may not be used in any advertising or publicity, or otherwise to indicate PMSOFT’s sponsorship of or affiliation with any product or service, without PMSOFT’s prior express written permission. You are prohibited from using PMSOFT Trademarks or any names, or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of PMSOFT. You agree you will not alter any PMSOFT trademark in any manner to make it appear that PMSOFT is endorsing, sponsoring, authorizing or affiliated with you, your company, or any third party, except as expressly permitted in writing by PMSOFT.
Links to Third Party Sites: As a courtesy to users, we may provide links to other websites or resources owned and operated by third parties. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services made available on or through any such site or resource.
License to PMSOFT: You hereby grant to PMSOFT a non-exclusive, worldwide, royalty-free, irrevocable perpetual license (with right to sublicense) to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Content you submit via the Interactive Services by all means and in any media now known or hereafter developed, solely for the purposes for which such User Content was submitted. PMSOFT will not use this User Content for any purpose other than the purpose(s) for which it was submitted unless you agree to such use. You retain ownership of User Content you submit and PMSOFT does not obtain ownership in or to such User Content (or in the case of third-party owned User Content submitted by you with the owner’s permission, the third party retains ownership).
Monitoring: PMSOFT reserves the right to monitor your use of the Content to ensure compliance with this Agreement. If PMSOFT, in its discretion, determines you are not in compliance with this Agreement, PMSOFT reserves the right to take such action as it deems necessary, including, but not limited to:
- Assessing additional charges for users in excess of the number authorized;
- Suspension of the account; or
- Termination of the account
Such monitoring may include determining whether or not the Content is accessed under the account from multiple IP addresses, as well as noting excessive use or users. Systematic access or excessive extraction of content from the Service, including, without limitation, the use of “bots” or “spiders”, is prohibited. PMSOFT does not disclose any information regarding its proprietary monitoring methods or policies.
REGISTERED USERS ACCOUNT, PASSWORD AND SECURITY
Accurate & Complete Information: In consideration of your use of the Site, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant portions of the Site (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PMSOFT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PMSOFT has the right to suspend or terminate your access to the Site and refuse any and all current or future use of the Site, or any portion thereof.
Password & Security: You are solely responsible for maintaining the strict confidentiality of your User IDs and passwords and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your User IDs/passwords, your disclosure of your User IDs/passwords, or your authorization to allow another person to access and use the Services using your User IDs/passwords. You agree to immediately notify us if you become aware of any unauthorized use of your User IDs/passwords or other need to deactivate a User ID/password due to security concerns.
Course Fees and Purchases
Currency: PMSOFT will charge you fees in accordance with our subscription policies or as otherwise indicated for your purchase. Unless otherwise stated, all fees are in Indian Rupees or U.S. Dollars.
Refunds: PMSOFT does not issue refunds after emailing content or site access information (e.g., password information for a subscription).
Late Charges: PMSOFT assesses an additional 1.5% (or the highest amount allowed by law) per month late charge for amounts past due. That amount is due immediately. You will be responsible for any fees-including attorneys’ fees and collection fees-that PMSOFT may incur in the collection process.
Special Offers: PMSOFT may offer special purchasing terms, for example, without limitation, coupons, document suites, subscriptions, or site passes (collectively “Special Offers”). To be eligible for a Special Offer, a purchase must be effected through the applicable purchase mechanism. For example, a document suite must be purchased through the purchasing link specifically applicable to that document suite. If documents are purchased without using the applicable link for the Special Offer, the purchase will not be eligible for the terms of the Special Offer. PMSOFT does not refund the incremental difference between the price of a Special Offer and the normal price.
Substitutions: PMSOFT does not allow substitutions. All purchases are final. You should carefully examine previews, where available, before making any purchases.
You agree to defend, indemnify and hold harmless, PMSOFT, its affiliates, and their respective directors, officers, employees, and agents, from and against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, your use of this website, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. We reserve the rights to participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
RIGHT TO TERMINATE AND/OR TO BLOCK ACCESS
PMSOFT reserves the right, in its sole discretion, to terminate, block or restrict your access to or use of the Site for any reason without prior notice or liability. In such event, we may terminate this Agreement, restrict, suspend or terminate your access to and use of the Services immediately, with or without cause and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.
Indian law will govern this Agreement, except for the body of law relating to conflicts of law. Venue for any legal action will be the courts of Pune, India. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys’ fees and other expenses, including any expenses from collections activity.
Limited License: Subscribers are granted a non-exclusive, non-concurrent, non-transferable, limited license to access the Subscriber Content. The Subscriber Content is available only for the designated user identified in an order and may not be shared with other non-designated persons or entities. The user is responsible for the confidentiality and use of the user’s name and personal password. The user’s responsibility extends to all activity and use under the user name and password.
Special Reports: Subscribers do not receive access to PMSOFT’s special reports (e.g., Private Equity Fees).
Cancellations: Subscriptions must be cancelled no later than 10 business days preceding the subscription date. Access to Subscriber Content may be restricted at any time following an indication of intent to cancel (through email, completion of online form, or otherwise).
Previews: PMSOFT provides previews of certain documents. The previews may reflect any part of a given document and will accurately reflect the text of the portion of the document reproduced. Formatting in a preview may be different from the full document. PMSOFT may redact the names of parties, dates or other similar information from a preview. The lengths of previews vary by document.
Redactions: Many of the documents offered by PMSOFT are publicly disclosed documents. Some of these documents have been redacted by the disclosing company. Portions of such documents, typically financial and other sensitive information, have been removed. PMSOFT does not offer refunds for purchases of redacted or otherwise incomplete documents.
Content of PMSOFT is gathered from sources believed to be reliable, but in any case PMSOFT does not warrant or guarantee the timeliness, sequence, accuracy or completeness of the information presented by this service. There are no warranties, express or implied, as to the results to be obtained from use of such information. All Content is provided “as is” without warranties of any kind. Content may change without notice. Content does not constitute investment or legal advice. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT PROVIDED BY THE SITE OR THE SERVICE. Neither PMSOFT nor its suppliers will be liable for:
- Any loss of business, profits or goodwill, loss of use or data, interruption of business or for any indirect, special, incidental or consequential damages of any character, (however arising, including negligence) arising out of or in connection with this Agreement even if PMSOFT or its supplier is aware of the possibility of such damages;
- Any damages that result in any way from your use or inability to use PMSOFT services, or that result from errors or code (including viruses, Trojan horses or other similar code), defects, omissions, delays in operation or transmission, or any other failure of performance of PMSOFT.
Our liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the extent of (a) the amount of fees you pay to us in the 6 months prior to the action giving rise to liability, or (b) $100 whichever is lesser.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PMSOFT’s LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT WILL, IN NO EVENT, EXCEED $100.00.
Information on this site or provided by PMSOFT pursuant to its services or otherwise does not constitute legal advice. The use of this website or purchase of PMSOFT’s services does not create an attorney-client relationship of any sort. Communication in this manner may not be considered as privileged or confidential. Individuals requiring legal assistance should engage a qualified attorney, licensed to practice law in the particular state or jurisdiction where the legal issues have arisen.
Third Party Services: PMSOFT services rely in part on the proper functioning and interaction of third party websites, services and software with PMSOFT website and software. Failure of, or changes to, or misconduct by such third parties or their websites, services or software may affect our provision of services. PMSOFT is not liable for any third party actions or omissions.
Notices: Except as explicitly stated otherwise, any notices will be given by email to Contact Us (in the case of PMSOFT) or to the email address you provide to PMSOFT during the registration process (in your case), or such other address as the party will specify. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to PMSOFT during the registration process. In such case, notice will be deemed given 3 days after the date of mailing.
Waivers: A party’s failure to enforce any provision of this Agreement will not be a waiver of the provision or the right to enforce it at a later time.
Entire Agreement: This Agreement sets forth the entire understanding and agreement between us. For example, without limitation, any comments or terms you attempt to add as part of a purchase or other order confirmation, or any terms outside of those stated by PMSOFT will not be binding on PMSOFT. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein.
Severability: If any provision of this Agreement is held void or unenforceable, that determination will not affect: 1.The provision’s application in other circumstances; 2.Other provisions in this Agreement; or 3.This Agreement’s validity or enforceability as a whole.
Assignment: This Agreement and your user names and passwords are not assignable, transferable or sub licensable by you without PMSOFT’s prior written consent, and any such conveyance will be null and void.
Attorneys’ Fees: If a legal action is brought regarding this Agreement, the prevailing party is entitled to recover-in addition to all other appropriate relief-its reasonable attorneys’ fees and expenses as determined by the court. The prevailing party is the party entitled to recover its costs of suit, whether or not the action proceeds to final judgment.
Headings: The use of headings is for convenience and will not affect the interpretation of this Agreement.