Community Agreements

Prelude: the following are our two legal agreements to create a meaningful relationship between PM Community and each of its members. Please read through them carefully and, if you have questions that need clarification or better understanding, call us and/or consult a competent attorney. All member-candidates should know in advance that there is no financial risk for the first thirty (30) days--since all collected funds will be returned simply by requesting them in writing during this period. FYI—Length is usually a function of protection: inside-members from outside-bad guys!


PM Community Membership Agreement

  1. WHAT THIS AGREEMENT COVERS
    This is an agreement between you (named above, right) as an individual and the PM Community LLC (“PMC”, “we” or “our”) referenced in section 22. This agreement applies to any PM Community owned or controlled by PM Community, including updates, that display or link to this agreement and that you use while this agreement is in force. All of the services are referred to in this agreement as the “Local Channel Marketing™” or 'Service’ or ‘service.' Sections 1 through 22 of this agreement apply across the service. Sections 23 and 24 apply if the service involves payments to or from PM Community LLC.

    Note that PMC does not provide any warranty or guarantee except as is explicitly stated in this agreement. Our marketing is limited to research, search, analysis, matching and cross-matching services that culminate in the facilitation of members confidentially connecting with each other—on an as-needed/when-needed basis, specifically, whenever members are notified to make contact with each other regarding their professional services because there may be a project, case or assignment forthcoming. This said, we do not ever warrant or guarantee that a connection would be made or that a new-client assignment would result. This agreement limits our liability. These terms are in sections 13 and 14, and we encourage you to read them carefully before electing to become a member.

  2. USE OF SERVICE, 30-DAY PROVISIONAL PERIOD AND 24-MONTH CONDITIONAL PERIOD
    You may start using the service as soon as you have formally registered online via PM Community’s website facility under the secure SSL link found at PMcommunity.org, have executed our companion (separate but concurrently executed Marketing License Agreement (“MLA”) and receive an email acknowledgment from PMC acknowledging receipt of both. You and PMC [each] have a withdrawal right for the first thirty (30) days after submission acknowledgment. This period shall be considered “provisional” in nature and either party may elect to “opt-out” during this time, terminating this agreement.

    3. In the event of termination by either party, for any reason, all collected funds shall be refunded by PMC with the express understanding and agreement that you will not use, or attempt to use, any information learned as a member, including but not limited to other members’ identities. Further, you solemnly agree that you will not contact, or attempt to contact, any member to use the Service, and not to solicit referrals intended solely for active PMC members, for a period of twenty-four months after the date this Agreement is terminated.

    You agree that the above clause, its constraints and time period are both reasonable and fair; and accordingly, will pay all attorneys fees and court costs relating to enforcing it, should it become necessary.

  3. HOW YOU MAY USE THE SERVICE
    In using the service, you will:

    • obey all laws, statures and regulations usual with your type of business service;
    • comply with the letter and spirit of codes of conduct or canon of ethics in your industry;
    • obey the PM Community Anti-spam Policy, available at http://pmcommunity.org/legal/privacy
    • keep your access password secret, if made available to you; and
    • notify us immediately if you learn of a security breach related to our members-only service.
  4. HOW YOU MAY NOT USE THE SERVICE
    • use the service in a way that directly harms, or my lead to harm against, PMC or other members;
    • engage in, facilitate or further unlawful conduct or questionable [unethical] professional practices;
    • use any portion of our service as a destination that is linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
    • use any automated process or service to access and/or use the service (such as a mailbot, spider, or periodic caching of information stored by PM Community, or what is termed "meta-searching");
    • use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
    • damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service;
    • resell or redistribute the service, or any part of the service, or confidential matters and member policies learned while a member;
    • use any unauthorized third-party software/service to access, or attempt to break into (“hack”), the PM Community instant messaging network, blogging, email, databases or communication links.  ---

    5. In using the Service, you may not:

  5. YOU ARE RESPONSIBLE FOR YOUR SERVICE ACCOUNT
    Only you are authorized and permitted to use your individual PMC service account. Thus, you are solely responsible for all activity that takes place with your online account. You may not authorize any third party to access and/or use the service on your behalf.

    • YOUR USAGE, (MIS-)CONDUCT AND UNDERSTANDING
      You understand that PM Community does not control or endorse how you and other members use the service. Except for material that we provide to you to be used in the manner we support, we do not claim ownership or become party to what and how you and others use the service.

      • As you are licensed by the separate Marketing License Agreement (“MLA”), we agree that our service is specifically designed for members-only marketing to/into cross-discipline channels within the small & midsize business community. PMC’s objective is to help member to more easily connect with each other, not necessarily in a direct way, i.e. making identities known, but rather in a discrete and indirect way by matching client-needs to/with “best available” solution-provider-member. We do not ‘sell” anything, rather, we perform timely analyses and make referrals of certain business needs to members [colleagues in other disciplines] who, in our best judgment and belief, have the required talent & skillsets and are deemed competent to serve needy business clients. Upon such notification, the PMC marketing function is completed in its entirety.

      Further, we have no continuing knowledge or involvement in members’ activities. Members alone decide whether to connect with each other. There is no obligation for one member to connect or to do business with another member.

      Notwithstanding, there is a strict obligation not to do business with any non-member concerning a potential assignment-referral that has been learned or processed through PMC for a "reasonable" period, not less than thirty days. To do so would be a serious breach of conduct and violation of this as well as your LMA. To protect the community membership at large as well as the integrity of our Local Channel Marketing™ program, PMC would rigorously enforce this misconduct and any violation by pursuing whatever legal remedy is deemed most appropriate.

    • INTERNAL PRIVACY
      In order to operate and provide the service in the manner it was designed for, we must collect certain information about you and all members prior to membership acceptance. To this end, you have/will have concurrently agreed with out Intake and Vetting Policy.
    • Our service is, in part, performed using a private computer network that we operate for the benefit of our members and, in part, a personal contact system followed by others [members or volunteers and/or paid employees or third-parties engaged by PMC] who assist PMC in numerous marketplaces and in varied marketplaces throughout North America. We retain the right to block or otherwise prevent delivery of any type of online communication including email or other means to protect the service, protect our members, or stop anyone from breaching this agreement.In the future, we intend to provide you with better service [e.g. enhancements] and we request to collect additional information about service performance, including your computer network and your service usage with PMC (in the form of "cookies"). This data will not be used to personally identify you or to do anything that would impede or inhibit your personal business/practice. Information collected through the service may be stored and processed in the United States or Canada. PM Community abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data.
    • SOFTWARE AND RELATED SOFTWARE USAGE
      If you receive software from us at any time as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, or unless otherwise stated in this agreement, then we grant you the right to use the software only for the authorized use of the service on that number of computers stated in your service offer. We would reserve all other rights to the software.

      Further, you warrant that you, directly or indirectly, will not disassemble, decompile, reverse engineer, or “hack” into any software furnished to you by PM Community, used with or included in, the service.

      The software we use, supply, or license the use of in our community is subject to United States export laws and regulations. Without limitation, you may not share, transfer or export any part of the software or service without U.S. or Canadian government’s permission to anyone on U.S. or Canadian government’s exclusion lists.

    • PMC MAY CHANGE THE AGREEMENT
      At any time, PMC reserves the right to change this agreement. If we change this agreement, we will notify you in writing [via email to address furnished at enrollment or as amended] at least 30 days before the change would take place. If you do not agree to these changes, then you must terminate and stop using the service before the change takes place. In so doing, you will forfeit and relinquish all rights of membership. All collected funds that have not been expended on your behalf, excluding any in the current 30-day period elected to “opt-out” instead of agreeing to agreement change, shall be refunded to you—pursuant to the Twenty-Four Month “no contact” rule stated in Paragraph 2 above. If you do not notify PMC that you will stop using the service, then your non-action shall be construed as acceptance and your use of the service will continue under the changed agreement.
    • PMC MAKES NO WARRANTY
      We provide the service 'as-is,' 'with all faults' and on an 'as and where available' basis. At no time do we guarantee the accuracy or timeliness of information available from the service, nor do we warrant fulfillment in the form of new-member contacts or new-client acquisitions. We and our affiliates, suppliers, distributors and vendors (collectively, the 'PM Community' parties) give no express or implied warranties, guarantees or conditions. Our services are specifically limited to specialty marketing services that constitute only a portion (i.e, not more than 50%) of what Local Channel Marketing™ entails. You, as a member, in concert with other members constitute the remaining (or fulfillment) portion of the service (likely more than 50%). PMC, as the sole sponsor of Local Channel Marketing,™ does not and cannot fulfill the service to its predictive conclusion (aka “rainmaking”). You understand and agree that only members, without PMC’s direct participation, knowledge, involvement or consent, fulfill the service that ultimately creates results and outcomes. You agree that at all times and under all circumstances, PMC is a marketing [pre-sales] company that does not get involved with sales or transactions.

      • It is important to note that you may have additional consumer rights under your local laws that this agreement cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. We agree and you accept the fact that PMC performs in a commercially reasonable “best efforts” basis. You may elect to “opt-out” or terminate this agreement at any time subject to post-termination conditions as stated herein.

    • LIABILITY LIMITATION
      You understand and agree that you can recover from PM Community only pre-paid fees up to an amount equal to your service fee for any one full, consecutive future 30-day period where your funds were collected in advance but not [yet] expended on your behalf. You cannot recover any previously expended funds, including consequential, lost profits, special, indirect, incidental or punitive damages.

      • the service,
      • incompatibility between the service and other services, software and hardware,
      • failures you may have in initiating, conducting or completing any connection and resulting transaction,
      • claims for breach of agreement, breach of warranty, guarantee, strict liability, negligence, other tort.
      • this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
      • PM Community knew or should have known about the possibility of the damages.

      • Further, this limitation applies to anything related to:

      It also applies even if:

      Some states may not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province may not allow the exclusion or limitation of incidental, consequential or other damages.

    • TERMINATION OF SERVICE
      We may change the service or delete marketing features at any time and for any reason. Subject to the thirty (30) day notification stated in Paragraph 11 above, we may terminate or suspend your service at any time. Our decision to terminate service may be without cause and/or without notice. Upon service termination, your rights to use the service stop immediately. Once the service is terminated or suspended, any data you have stored on the service may not be retrieved later. If we terminate the service in its entirety, with or without cause, we will refund to you any amount stated in the previous paragraph, i.e. all unexpended, collected funds for any future 30-day entire period(s).
    • INTERPRETING THE AGREEMENT
      The headings, section titles and bold emphasis of this agreement are for convenience only and do not limit the other terms of this agreement. All other parts of this agreement apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this agreement as written. In the event this happens, you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this agreement will not change. This is the entire agreement between you and us regarding your use of the service. It supersedes any prior agreements, understandings or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (as stated herein). You agree that the Marketing License Agreement (MLA) is a totally separate agreement.
    • ASSIGNMENT
      We retain the right to assign this agreement, in whole or in part, at any time with or without notice to you. In the event your rights and service are materially changed, you will receive a 30-day notification as stated in Paragraph 14 above. You, on the other hand, may not assign this agreement, or any part of it, to any other party. Any attempt by you to do so voids this agreement. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
    • NO THIRD-PARTY BENEFICIARIES
      This agreement is intended for the sole and exclusive benefit of you and PMC. In the event of your permanent incapacitation or demise, or in the event PMC ceases operations, this agreement shall self-liquidate without further recourse to either party. In such event, any collected, but unexpended, funds as referred to above shall be refunded to you or submitted to the court for proper disposition.
    • CLAIMS MUST BE FILED WITHIN ONE YEAR
      Any claim related to this agreement or the service may only be brought within one year of termination. The one-year period begins on the date of the termination and not when the claim is first filed. If it is not filed in a timely manner, then any and all claims are permanently barred. This applies to you, your successors & assigns; it shall also apply to PMC, their successors & assigns.
    • YOUR NOTICES TO US
      You may notify PMC as stated in the customer support or 'help' area for the service, and, any such notice must be formally acknowledged. We do not accept e-mail notices unless they are specifically addressed on the “TO” line: admin@PMcommunity.org. Any deviation, however slight, shall not be accepted. We also accept Certified or Registered US Mail (Return Receipt Requested--strongly encouraged) to PM Community LLC, ATT: Claims Dept, PO Box 121212, Boston, MA 02112-1212.
    • OUR NOTICES TO YOU; AUTHORIZATION AND CONSENT
      This agreement is in electronic form. If we have promised to send you certain information in connection with the service, we have the right to send you certain additional information or deliver to you via post or through a County Coordinator. There may be other information regarding the service that the law requires us to send you.

      You agree that, prior to acceptance into membership, PMC is obligated to investigate you, your professional background and standing within your profession and marketplace. We may engage third parties to help with this investigation. At our sole discretion, we may elect, and you hereby authorized us, to “vet” you to ascertain competence and trustworthiness within your area(s) of concentration and markets that you serve. You grant PMC the legal rights and standing to conduct such investigation and agree to the term set forth in PMC’s Intake and Vetting Policy, which is acknowledged as being read and understood.

    • LOCATION FOR RESOLVING DISPUTES
      This agreement is between you and PM Community LLC. It shall be construed under the laws of the Commonwealth of Massachusetts; and, in the event a dispute arises out of or in connection with this agreement, it shall either be turned over to the nearest of office the American Arbitration Association (AAA)—whose finding you and PMC shall be considered final and absolute; or in the only alternative, shall be adjudicated in a competent court of Suffolk County, Massachusetts.
    • WHEN YOU PAY PM COMMUNITY
      1. Charges.
        This section 22 applies in all situations in which you directly pay PMC in USD currency via a secured third party (e.g. federally chartered bank) that is authorized to collect and receive service funds.
      2. Payment.
        Membership of service charges to your payment method occur (a) at the time of enrollment; (b) 30-days after registration, if and only if authorized; and/or (c) on a recurring basis for marketing service charges. There is a provisional 30 (thirty-day) cooling-off period wherein you may elect to terminate or “opt-out” of membership for any reason. In so doing, this would immediately terminate the service and relieve PMC of any further service fulfillment.
      3. Updates to Your Membership Account.
        You must keep all information in your membership account current, including your billing address and the expiration date of your credit card. You can access your membership account at http://www.PMcommunity.com/members/”yourcode”/ (password protected), where you can make changes to your membership account. You may change your payment method at any time. If you tell us to stop using your payment method, we may immediately terminate services on your behalf. Your notice to us will not affect charges we submit to your membership account before the end of, and the beginning of subsequent scheduled 90-consecutive day marketing period.
      4. Provisional Period Offers.
        As stipulated in Paragraph 22.2 above, you receive a no-risk time of service. Unless you are notified to the contrary, if you are participating in a provisional period, you must opt-out of the service before the end of the stipulated (30-day) period. This act terminates your membership and entitles you to receive a full refund. This action will avoid incurring charges for the next scheduled 30-day marketing period. If you do not terminate your service in a timely manner, you will automatically waive the provisional refund and be accepted into active membership. Therein you automatically authorize us to charge your payment method for the service on an on-going basis in a secure manner as promulgated in Addendum A, as amended hereafter.
      5. Refund Policies.
        Unless otherwise provided by law or in connection with any particular service offer—where you intentionally opt-out and terminate the service, all marketing charges would be non-refundable when a marketing period commences prior to notification of your election to “opt-out.”
      6. Terminating the Service and Readmission. You may “opt-out” or terminate the service at any time, with or without cause. All unexpended collected funds are subject to the prevailing refund per policy. In the event you “opt-out,” you will not be able to re-register or to re-apply for PMC membership for a minimum period of three (3) years [or possibly longer if logistics indicate an overcrowded profession in your marketplace]. Re-entry into membership can then only come via invitation from either a current State Director or a County Coordinator in your practicing area, providing it is ultimately ratified by PMC’s Executive Committee.
      7. Late Payments.
        PMC has no late fees, charges or expenses of any kind. All payments are received in advance of service commencement. If payment is not received or funds not collected for any reason in a timely advanced manner, our service is immediately suspended—and you would not be eligible to get referrals. And if, after notification, payment is still not collected within thirty (30) days, suspension would be subject to termination without notification.
      8. Internet Access Service.
        Since our service, in part, relies on internet access, you are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the service. PMC is not responsible for, or have any control over, your Internet Service Provider or Internet usage.
      9. Ancillary Charges and Responsibilities
        PMC does not charge commissions, transactions or success fees of any kind. If you ever enter into an arrangement with another member, PMC does get involved and does not (need to) receive any knowledge of same. Accordingly, you assume all responsibility and liability for such arrangement without recourse to PMC.
    • PAYMENTS TO YOU, AS A MEMBER
      If monetary payment is ever due or owing from PMC, it would not be on a direct or “out of pocket” basis. Unless policy changes and is promulgated on the master website www.PMcommunity.org, any and all payments shall be made in the form of credit toward future services, and specifically, marketing fees as an on-going active PMC member.
    • MEMBER CONDUCT AND DUTIES
      The following terms shall apply to you and all PMC members, without exception or exemption.

      • delivery of and payment for goods and services;
      • processing and verifying orders, payments and other transactions;
      • customer support related to orders or transactions (e.g., membership disputes, payments, etc.);
      • determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions; and
      • the purchase and use by you and your associated accounts of any other member of third-party products and services.
      • the products and services you advertise, solicit and distribute to other members are legal for sale and distribution and do not violate this agreement—in fact or in spirit;
      • you have all licenses necessary to sell, distribute and advertise the goods and services you offer;
      • all sales, distributions and advertisements comply with applicable law; and
      • you hold PMC totally harmless and indemnify PMC from any claims that may arise due to your actions.

      • Your Dealings with Others. If you obtain anything (other than processed new business referrals) from another member or a third party (including third-party offered services), you understand and agree that your relationship with respect to those things is strictly with the third party directly and not with PM Community. In the event you assert a claim that relates to or implicates your relationship with another member or third party, you shall only assert such claim against the member—as an independent professional regardless of membership with PMC or the third party, and you will not assert any such claim against PM Community, even if PM Community assisted, directly or indirectly, with the member or third-party offering. You are solely responsible for your dealings and transactions with other members and with all third parties. Accordingly, you warrant and represent that PM Community shall be held harmless and without fault or obligation of any kind concerning all matters.

    • ADDITIONAL PM COMMUNITY POLICIES AND PRACTICES.
      PMC has been carefully designed as an “insiders” organization where the direct benefits accrue to its members, and by extension, indirectly benefits can fall to our members’ clients—via better and timelier services being identified and performed by members who agree-to-agree their union would benefit the client.

      • Responsibility. Members are honor-bound to act in good faith at all times and to treat other members in a fiduciary manner, that is, hold the other’s best interests first. This is a statement of strong business ethics as well as a solemn pledge to every other community member.
      • Competency. Competency is required insofar as each member professes to not only have the obligatory license(s) required but also has a successful, verifiable track record of a minimum of five years in their profession of record. She/he must currently be in “good standing” within their profession or discipline and not have any active or pending legal claims against her/him. (If one does, she/he should defer and not petition PMC for membership until such claim is satisfactorily resolved in a favorable manner for member-candidate.)
      • Trustworthiness. Trust is the benchmark and the cornerstone of PM Community. To be successful, PMC must perform the first half of the Local Channel Marketing™ program, i.e. the entire Positioning phase, and up to one-half of the Netweaving phase, i.e. the gateway portion where referred client demands are matched with supply (best-available member to satisfy the demand at hand), and then the parties notified accordingly. Without trust, no bond can be created and, subsequently, no favorable result would occur. (Rainmaking seldom could happen.) With competence verified and trust openly accepted by connecting members, Rainmaking can be axiomatic with an excellent chance of repeating itself as both members agree.
      • Respect Copyright. Unless otherwise noted, all PMC material is copyrighted. Members must respect all copyright owners and seek their content unless they happen to own the rights or have permission from the owner of record. Do not use any PMC material, logo or marketing piece that was not authorized by PMC—even member-to-member.
      • Support. Customer support is always available to those seeking more information concerning joining PMC. As a professional marketing organization, member support is somewhat limited, since most energy is focused on delivering service.Specifically, PMC concentrates on Phase 1 of Local Channel Marketing™ to arrive at, and assist in facilitating Phase 2, called Netweaving. Once notification is made that an opportunity is at hand [a referral has been matched to member], PMC steps away from the process continuation and its members. We cannot continue service once the members connect. (To do so would step into the sales function which PMC does not do.) Members alone are involved with each other to do, or not to do, whatever they agree upon. PMC does not need to know whether a connection (an agreement) is subsequently occurs. Accordingly, we do not offer support to/for “members in play.” Should Phase 3, Rainmaking, aka new client acquisition, occur, members perform the function and they and their clients become fulfilled.
      • Governance. PMC is building a national network that includes every major marketplace as well as every major discipline group (attorneys, accountants, engineers, financial services, insurance, project management, tax & valuation, investment banking, management consultants, trade experts, etc.) profession within each marketplace in North America would have volunteer governance in the coming year or two. Certain members would be appointed to act as State Directors ("SD," one each state) and County Coordinators ("CC."as many as need). These professionals would donate a few hours each week to serve as ambassadors within their local communities. Their primary duties would be to dispense readily available information about PM Community, its benefits and features, and what membership means to qualifying candidates. As independent contractors, they are not agents, representatives or any party that may be construed as having legal standing with PMC, with the sole exception of being active, participating members of the service. Each CC appointed position is for a twelve-month period subject to PMC election. Each CC is not compensated or rewarded in any manner while sitting as an appointed volunteer. (Per prevailing PMC policy, CCs may receive a stipend or remuneration in the future for their voluntary actions—likely not monetary form but in credit for future PMC services or special opportunities that may accrue exclusively to appointed members.)
      • Special Opportunities. As promulgated at time of enrollment and subject to removal and cancellation at any time, PMC, in its sole discretion, may provide current monetary deductions or future service credits, to joining members who elect to become volunteers to serve fellow members and prospective members as follows:
        1. Charter Members—the only additional criterion is that they join prior to the internal cut-off period of PMC. There are no duties or extra responsibilities to become a Charter Member. They will have special voting powers in subsequent years per PMC policy.
        2. County Coordinators—these are Preferred Members, and others, who elected at time of enrollment [and are subsequently selected by PMC] to serve a prescribed area/market. There are virtually no duties beyond spending a few hours weekly answering general questions about PMC and what Local Channel Marketing™ entails [via email, LinkedIn, Twitter, etc.]. There is no compensation for this voluntary position.
        3. Insider Blog Moderator—a member who would be willing to donate a few hours weekly writing cogent and important subject matter about her/his discipline as relates to fellow SMB advisors. NOTE: Content must be submitted to PMC or the State Director of record within 48 hours of publishing date. It should [a] not be controversial or [b] state anything contrary to PMC policy, practices or procedures. Above all, [3] it may not identify other members, member-clients, reflect negatively on PMC, or [4] site a personal agenda or possible opportunity, or [5] have any outbound links not expressly acceptable to, and accepted by, PMC. There is no compensation for this voluntary position.  // End

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PM COMMUNITY "MARKETING LICENSE AGREEMENT"

This Marketing License Agreement ("Agreement" or “MLA”) is by and between PMcommunity LLC, a Massachusetts professional marketing organization that operates PMcommunity.org, other collateral web sites that may be hyperlinked to one or more of these web sites and therefore included by reference ("PM Community" or “Owner”), and you, your heirs, assigns, agents and contractors ("You") and is made effective as of the date of electronic execution below. This Agreement sets forth the terms and conditions of Your use of, and participation in, PM Community's ‘Local Channel Marketing™ and other collateral Services (“Marketing” or "Service") and represents the entire Agreement between You and PM Community regarding such matters. You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement and the universal Terms of Service, along with additional terms, conditions or policies which PM Community may establish and promulgate on its web sites from time to time.

1.  APPLICATION AND SERVICE DETAILS

The Application

PM Community grants You a non-exclusive, non-transferable individual license to use the Service for the purpose of growing and enhancing Your individual business practice. You participate in this Marketing as provided by PMC and as expressly allowed by the instructions of the PMC Community Membership Agreement (“CMA”). You may not otherwise alter or modify Your activities that are governed by PMC’s Code of Conduct. You further agree not to attempt to deviate or change any action or policy regarding interactions between and with other PMC members. You are not authorized to use or combine any part of the Service with any party who is not a current and active member of PMC. To do so, would constitute a violation of this Agreement and actionable offense against PMC and membership at large as well as a breach of your agreement with PMC. In the event an action is perceived to be contrary to the letter and spirit of this or the Community Membership Agreement, PMC reserves the right to change, modify or terminate a portion (or all) of the Service at any time and without notice.

Web Site Uses Regarding Marketing

PMC has no control over, or responsibility for, Your web usage including, but not limited to, online activity at any website owned or controlled by PM Community. Your representation concerning Your proper use of a PMC web site is governed by Your CMA.  

The Limitations

The Service is not intended to assist You in engaging in unlawful or morally objectionable activities. Accordingly, PM Community explicitly reserves the right to terminate Your license if it comes to PM Community's attention that You are using the Service to participate in objectionable activities, which include, but are not limited to, any of the following:

  • making false or inaccurate statements;
  • sending unsolicited email or spam;
  • activities designed to defame, embarrass, harm, abuse, threaten, slander or harass PMC, other members or third parties;
  • activities prohibited by the laws of the United states and/or foreign territories in which You live or access the Internet;
  • activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography;
  • activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable;
  • activities designed to impersonate the identity of a third party; or
  • activities designed to harm disadvantaged persons, groups, or minors in any way.

2.  PM COMMUNITY'S RIGHTS

All rights to PMC Marketing and Service, policies, practices and procedures considered proprietary, web site forms, logos, trademarks, marketing materials, slogans and documentation are retained by the copyright owner. You are entitled to use this Service, the applications, forms and documentation to build Your individual practice—for as long as you are a current and active member per Your CMA. At all times, the Service and any information, policies, procedures and practices are the intellectual property of the copyright Owner. The Service is protected by copyright and personal property rights of the United States of America as well as territories and countries where reciprocity exists. Except as expressly stated in Section 1 above, this Agreement does not grant You any rights in the Service and all rights are expressly reserved by PMC, the copyright owner of record.

PM Community reserves the right to:

a)      Demand that You immediately Cease and Desist if any of Your actions are deemed inappropriate or not deemed fair to others as promulgated by PMC.

b)      Alter or modify the Service and its pricing through email notification with 30-day notice should PMC be in possession of Your prepaid fees exceeding 30-days;

c)      Terminate Your license for unsolicited, commercial email or SPAM; illegal access to other computer networks (i.e., hacking); distribution of Internet viruses or similar destructive activities whether intentional or not OKAY; and other activities whether lawful or unlawful that PM Community determines to be harmful to other Member subscribers, operations, its reputation, or otherwise; or

d)     Terminate Your license if Your use of the Service results in, or is the subject of, legal action or threatened legal action against PM Community or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit.

The decision to terminate Your license may be made by PMC, and in so doing, PMC shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass. Intending to be binding and enforceable by and between the parties and incorporated by reference into the CMA a separate instrument entered into this even date.  // end

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