PMTI may modify this Agreement from time to time and such modification shall be effective upon posting to the PMTI website. You agree to be bound to any changes to this Agreement when you use the PMTI website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on PMTI.org and that you provide to other Users. PMTI.org assumes no responsibility or liability for material posted by website users. If you become aware of misuse of the PMTI website by any person, please contact PMTI by calling (202) 686-7046 or by submitting an e-mail to email@example.com.
PMTI.org reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the PMTI website at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility. Use of and Membership in the PMTI website is void where prohibited. By using the PMTI website, you represent and warrant that (a) you will maintain the accuracy of information that you post; (b) you are 18 years of age or older; and (c) your use of the PMTI website does not violate any applicable law or regulation. Your input may be removed and your Membership may be terminated without warning, if we believe that you have violated these conditions.
2. Term. This Agreement shall remain in full force and effect while you use the PMTI website or are a Member. You may terminate your Membership at any time, for any reason, by submitting a request to firstname.lastname@example.org. PMTI.org may terminate your Membership at any time, without warning.
3. Password. When you sign up to become a Member, you will be assigned a login and password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify PMTI.org immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Non-Commercial Use by Members. Student, alumni, and staff areas of the PMTI website are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by PMTI.org. Illegal and/or unauthorized use of the PMTI website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the PMTI website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user posts without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the PMTI website.
5. Proprietary Rights in Content on PMTI.org. PMTI.org does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that members post to the PMTI website.
a) After posting your Content to the PMTI website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the PMTI website, you hereby grant to PMTI.org a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the PMTI website. The license you grant to PMTI.org is non-exclusive (meaning you are free to license your Content to anyone else in addition to PMTI.org), fully-paid and royalty-free (meaning that PMTI.org is not required to pay you for the use on the PMTI website of the Content that you post), sublicensable (so that PMTI.org is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the PMTI website), and worldwide (because the Internet and the PMTI website are global in reach). This license will not terminate at the time you remove your Content from the PMTI website, unless you submit a written request for such termination to email@example.com. The license does not grant PMTI.org the right to sell your Content, nor does the license grant PMTI.org the right to distribute your Content outside of the PMTI website.
b) You represent and warrant that: (i) you own the Content posted by you on or through the PMTI website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the PMTI website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the PMTI website.
c) The PMTI website contains Content of PMTI.org ("PMTI.org Content"). PMTI.org Content is protected by copyright, trademark, patent, trade secret and other laws, and PMTI.org owns and retains all rights in the PMTI.org Content and the PMTI website. PMTI.org hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the PMTI.org Content (excluding any software code) solely for your personal use in connection with viewing and using the PMTI website.
d) The PMTI website contains Content of other PMTI.org users and other PMTI.org associates. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the PMTI website.
6. Content Posted. PMTI.org may delete any Content that in the sole judgment of PMTI.org violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. PMTI.org assumes no responsibility for monitoring the PMTI website for inappropriate Content or conduct. If at any time PMTI.org chooses, in its sole discretion, to monitor the PMTI website, PMTI.org nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
a) You are solely responsible for the Content that you post on or through any of the PMTI website, and any material or information that you transmit to other Members and for your interactions with other Users. PMTI.org does not endorse and has no control over the Content. Content is not necessarily reviewed by PMTI.org prior to posting and does not necessarily reflect the opinions or policies of PMTI.org. PMTI.org makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
b) Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the PMTI website. PMTI.org reserves the right to investigate and take appropriate legal action against anyone who, in PMTI.org's sole discretion, violates this provision, including without limitation, removing the offending communication from the PMTI website and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of PMTI.org:
i) Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii) Harasses or advocates harassment of another person;
iii) Exploits people in a sexual or violent manner;
iv) Contains nudity, violence, or offensive subject matter or contains a link to an adult website;
v) Solicits personal information from anyone under 18;
vi) Provides any telephone numbers, street addresses, last names, URLs or email addresses;
vii) Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
viii) Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated content or links to pirated content;
ix) Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
x) Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
xi) Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
xii) Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
xiii) Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
xiv) Includes a photograph of another person that you have posted without that person's consent; or
xv) Uses any other unfair, misleading or deceptive Content.
xvi) The following is a partial list of the kind of activity that is illegal or prohibited on the PMTI Website and through your use of the PMTI website. PMTI.org reserves the right to investigate and take appropriate legal action against anyone who, in PMTI.org's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
(1) Criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
(2) Advertising to, or solicitation of, any Member to buy or sell any products or services through the PMTI website. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the PMTI website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, PMTI.org reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which PMTI.org deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the PMTI website, you acknowledge that you will have caused substantial harm to PMTI.org, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay PMTI.org $50 for each such unsolicited email or other unsolicited communication you send through the PMTI website;
(3) Covering or obscuring the banner advertisements on your personal profile page, or any PMTI.org page via HTML/CSS or any other means;
(4) Any automated use of the system, such as using scripts to add users or to send comments or messages;
(5) Interfering with, disrupting, or creating an undue burden on the PMTI website or the networks or services connected to the PMTI website;
(6) Attempting to impersonate another Member or person;
(7) Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
(8) Selling or otherwise transferring your account;
(9) Using any information obtained from the PMTI website in order to harass, abuse, or harm another person;
(10) Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the PMTI website on behalf of that person, such as placing commercial content, posting bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
(11) Using the PMTI website in a manner inconsistent with any and all applicable laws and regulations.
7. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of PMTI.org to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to PMTI.org by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the PMTI website in a way that constitutes copyright infringement, please contact PMTI at: firstname.lastname@example.org.
8. Member Disputes. You are solely responsible for your interactions with other PMTI.org Members. PMTI.org reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. Disclaimers. PMTI.org is not responsible for any incorrect or inaccurate Content posted on the PMTI Website or in connection with the PMTI website, whether caused by Users of the PMTI website or by any of the equipment or programming associated with or utilized in the PMTI website. Content that has been created and posted by Members on the PMTI website may contain links to other websites. PMTI.org is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by PMTI.org. Inclusion of any linked website on the PMTI website does not imply approval or endorsement of the linked website by PMTI.org. When you access these third-party sites, you do so at your own risk. PMTI.org takes no responsibility for third party advertisements which are posted on this PMTI website or through the PMTI website, nor does it take any responsibility for the goods or services provided by its advertisers. PMTI.org is not responsible for the conduct, whether online or offline, of any User of the PMTI website. PMTI.org assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or
11. Member communication. PMTI.org is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the PMTI website or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the PMTI website. Under no circumstances shall PMTI.org be responsible for any loss or damage, including personal injury or death, resulting from use of the PMTI website, attendance at a PMTI event, from any Content posted on or through the PMTI website, or from the conduct of any Users of the PMTI website, whether online or offline. The PMTI website are provided "AS-IS" and as available and PMTI.org expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PMTI.org cannot guarantee and does not promise any specific results from use of the PMTI website.
12. Limitation on Liability. IN NO EVENT SHALL PMTI.ORG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PMTI.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PMTI.ORG'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PMTI.ORG FOR THE PMTI WEBSITE DURING THE TERM OF MEMBERSHIP.
13. U.S. Export Controls. Software available in connection with the PMTI website (the "Software") is further subject to United States export controls. No Software may be downloaded from the PMTI website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
14. Disputes. If there is any dispute about or involving the PMTI website, you agree that the dispute shall be governed by the laws of the District of Columbia, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the District of Columbia. Either PMTI.org or you may demand that any dispute between PMTI.org and you about or involving the PMTI website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA), USA, provided that the foregoing shall not prevent PMTI.org from seeking injunctive relief in a court of competent jurisdiction.
15. Indemnity. You agree to indemnify and hold the Potomac Massage Training Institute (PMTI) and PMTI.org, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the PMTI website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the PMTI Website or through the PMTI website causes PMTI.org to be liable to another.
16. Other. This Agreement is accepted upon your use of the PMTI Website and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and PMTI.org regarding the use of the PMTI website. The failure of PMTI.org to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. PMTI.org is the sole property of the Potomac Massage Training Institute. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.