Updated May 18, 2016
Overview and Important Definitions
Through this site and many of our services, ProjectManager.com offers businesses, organizations and individuals access to a diverse collection of resources related to project and work management hosted services, software and tools; consulting advice; services and project management support materials; project management and leadership training content, such as blogs, webinars, videos, templates, guides, books, social media content, user-generated content, personalized content, industry surveys, and user-feedback polls; project management mobile applications; and including, without limitation, application program interfaces (“APIs”). We refer to these resources collectively as “Services” throughout this Agreement.
The ProjectManager.com Services may be offered across several web domains, including, without limitation, ProjectManager.com and secure.projectmanager.com. We’ll refer to these domains as the “Sites” in this Agreement.
You may access certain portions of the ProjectManager.com Sites or Services with a free account as a trial user (“User”,) whereas any person who pays for any portion of the Sites or Services shall be referred to herein as either a “Subscriber” or “Customer” throughout this Agreement. If you are using ProjectManager.com Sites or Services on behalf of a company or other entity, then “Customer” or “Subscriber” means that entity, and you are also binding that entity to this Agreement. You also represent and warrant that you have the legal power and authority to enter into this Agreement and that, if the Subscriber or Customer is an entity, this Agreement is entered into by an employee or agent with all necessary authority to bind that entity to this Agreement.
Conditions Governing Subscriptions
ProjectManager.com offers subscriptions to a number of different software-as-a-service (SaaS) products (for example Team, Business, Group, etc). These TOU govern all of our subscriptions, and we reserve the right to add, change or remove subscription products at any time.
You agree to the pricing and payment terms presented to you at the time you sign up for any of our Services on the Sites, as a subscriber.
You are solely responsible for canceling your account and taking action to cancel your account prior to renewal if you don’t want your free trial or subscription to auto-renew. Depending on the renewal term you chose during the sign up process, subscriptions can recur every 30 days, annually, every two years or every three years.
Only annual term and longer pre-pay accounts are eligible for discounts.
We will automatically begin billing you for subscription fees corresponding to your subscription plan at the end of your free trial period, unless you manually cancel prior to the end of your free trial. To view your subscription plan details, you can check the Licenses tab under your Account settings after logging into the service.
Unless and until you cancel, your Subscription will be renewed automatically at the end of your subscription term. Your subscription will automatically renew for successive subscriptions, without prior notice, unless and until you cancel your subscription, or we terminate it. In order to avoid billing for the next period’s subscription fees, you must cancel your subscription before it renews.
It is your responsibility to maintain a valid and updated credit card associated with your account and to ensure that you are authorized to use said credit card. ProjectManager.com reserves the right at any time and at our sole discretion to implement fraud-protection measures including and without limitation, temporarily charging a small amount to your credit card to test validity and confirm that you are an authorized card holder.
Your purchase and/or use of the ProjectManager.com Service may subject you to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the payment and obligation of any such taxes are your sole and absolute responsibility, and you agree to indemnify ProjectManager.com to the extent that ProjectManager.com incurs any obligations or other liabilities in connection with such taxes.
ProjectManager.com reserves the right to quote additional fees for certain Services that may be arranged by mutual written agreement and/or paid for via invoice. If ProjectManager.com has entered into a separate invoicing relationship with you, you agree to pay all undisputed invoices within 30 days, and you agree that ProjectManager.com may charge interest of 1.5% monthly (or the highest rate permitted by law) for past due invoices. You further agree to be liable for reasonable collection costs and attorney fees resulting from ProjectManager.com’s attempt to collect on past due amounts. Should you fail to pay an invoice, ProjectManager.com reserves the right to suspend, cancel and/or delete your subscription, including any and all access to the Services and data associated with your subscription.
If the credit card you have on file with your account expires, your continued use of the Service constitutes your authorization for us to continue billing you, and you remain responsible for any uncollected amounts.
All fees and charges are nonrefundable. All billing transactions are processed in U.S. dollars and are subject to the currency conversion rate on the date of the transaction.
You may cancel your free trial or your subscription at any time. In order cancel your free trial, you must do so within your account prior to the end of the trial period. Customers must cancel their paid subscriptions by contacting customer support at 1-800-765-2495 or emailing us at firstname.lastname@example.org; however, that alone does not guarantee cancellation. In order to protect the security of our account holders, we will need to verify the card holder’s identity in order to complete the cancellation process.
You are not entitled to refunds under any circumstances when you cancel. There are no refunds or credits for partially used subscriptions or for downgraded subscriptions during a billing period.
Immediately upon your cancellation, you will no longer have access to your account. If you log back into your account, you will be notified that further access will resume your account subscription and that acceptance of proceeding will initiate auto-renewal.
Projectmanager.com is under no obligation to provide you with a refund at any time. Cancellations during your subscription term do not entitle you to refunds, in whole or in part, including but not limited to applicable fees incurred by you upon billing such as conversion rate fluctuations, international bank transaction fees and overdraft fees.
ProjectManager.com does not accept any liability for any losses to your account features or content should you choose to downgrade your subscription.
Conditions Governing All Users of ProjectManager.com Sites and Services
Our Services are available only to those Users/Customers who:
- Are human (i.e. not bots, excepting certain authorized API users)
- Are age 13 years of age or older
- As Subscribers or Customers, are at least 18 years old
- Do not impersonate other persons or entities or otherwise misrepresent their identity.
- Have a valid email address.
- Use their account exclusively as intended, and do not authorize others to use their account.
You acknowledge as a Subscriber that if ProjectManager.com cannot charge your credit card at the time of renewal, ProjectManager.com may cancel your subscription, and as a result, you may lose access to the Services and all data associated with your account.
You also agree that as a Subscriber that your rights may depend upon your ability to demonstrate that you are a paid Subscriber (i.e. the ability to change your associated password).
Portions of the Sites and Services are publicly available and available to non-paying Users. You agree that these public sections may also be accessible by different site tools (search engines, metasearch tools, crawlers, metacrawlers, marketing testing programs) and other programs.
Notice & Security
You will agree to inform ProjectManager.com immediately upon knowledge of a breach in security related to your account or of a third party’s improper use of the Services in relation to your account.
ProjectManager.com will implement and maintain reasonable physical, administrative and technical measures in its facilities and on its systems and networks to protect Customers and Subscribers from unauthorized access by any third party. ProjectManager.com will not be responsible for any unauthorized access to any Customer Account that (a) occurs through your systems or networks; (b) results from any vulnerabilities or weaknesses in your devices, equipment, facilities, networks or systems; (c) results from the use or misuse of the Subscriber Account or any User Accounts; or (d) results from any breach of your privacy or data protection policies or procedures by You or any third party.
User and Subscriber Content
Users and Subscribers may create, upload, post and store information, data, text, videos, images or other materials (“Content”) on the Sites and/or Services, which may be viewable by You and other Users or Subscribers. You understand that any and all Content that you post, store and upload to the Sites or Services are the sole responsibility of the person from whom such Content originated.
You agree that you and each of your Users (or Clients) will not create, upload, post or store any Content that (a) may create any liability, violate any Applicable Laws or result in any harm or injury to ProjectManager.com or any third party; (b) involves the publication of any material or content that is false, defamatory, untruthful, unlawful, harassing or obscene; (c) violates any privacy rights of any third party or promotes bigotry, racism, hatred or harm; (d) constitutes an infringement of any intellectual property or proprietary rights of any third party; or (e) contains any software viruses, corrupted data or other harmful, malicious, disruptive or destructive files or content.
In addition to the other rights afforded to ProjectManager.com under this Agreement, ProjectManager.com reserves the right, but has no obligation, to take remedial action if any Content materially violates any of the terms of this Agreement, which may include the removal or disablement of access to such Content, without any liability to You or any of your Users.
ProjectManager.com does not control the Content posted via Subscribers or Users of the Sites or Services, and as such, does not guarantee the integrity, quality or accuracy or such content. You agree that by using the service, you may be exposed to Content that is objectionable, indecent, offensive, or illegal in your jurisdiction. Under no circumstances, will ProjectManager.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content transmitted, posted, uploaded, emailed or otherwise made available via the Sites or Services.
User and Subscriber Code of Conduct
Regarding use of the Sites and Services, you and any of your account Users agree that you will not (a) engage in any activities that violate any Applicable Laws or that could create any liability or could result in any harm or injury to ProjectManager.com or any third party; (b) attempt to circumnavigate any content-filtering applications or security protocols ProjectManager.com has in place, or attempt to access any features or areas of the Sites or Services that you are not subscribed to or are not authorized to access; (c) engage in any illegal, harassing, predatory, intimidating or objectionable conduct on the Sites or Services; (d) develop any third-party applications or services outside of our API that interact with the Sites or the Services without ProjectManager.com’s prior written consent; (e) use the Sites or Services for any unlawful or unauthorized purpose or engage in or promote any activity that violates the terms and conditions of this Agreement; (f) infringe upon or violate any intellectual property or proprietary rights of any third party; (g) create, upload, post or store any Content that contains any software viruses, corrupted data, spam or other harmful, malicious, destructive or disruptive files or content on the Sites or Services; or (h) create, upload, post or store any Content that contains private or personal information of a third party without such third party’s consent.
Services Limitations & Modifications
ProjectManager.com may establish limits or modifications concerning use of the Sites and Services at its discretion, and ProjectManager.com reserves the right at any time to modify or discontinue temporarily or permanently the Sites or Services (or any part thereof) with or without notice. You agree that ProjectManager.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or Services.
ProjectManager.com reserves the right to charge fees for additional features associated with the Sites or Services at any time.
Any portion of, or use and access to, the Sites and Services of ProjectManager.com, including all Content publicly available therein, may not be reproduced, duplicated, copied, sold, traded, resold or otherwise exploited for any commercial purposes, unless you otherwise have an agreement with us which specifically grants you such right(s).
ProjectManager.com may, from time to time, add new features to the Sites or Services that may be described as “beta” services or “beta” features (collectively, “Beta Features”). These Beta Features will be considered part of the Services and any and all provisions of this Agreement relating to the Services will apply to the Beta Features, as well.
Users acknowledge that access to Beta Features will be optional, and electing to use a Beta Feature, means you will do so at your own risk.
Beta Features may include partially functional or non-functional features of the Services, and use of Beta Features also grants ProjectManager.com access to User testing data for product development purposes. ProjectManager.com disclaims any and all warranties associated with any Beta Feature, and any risk to a User’s software, hardware or operations is borne entirely by the User.
Conditions Governing API Usage
ProjectManager.com has an API for use by 3rd parties. Any use of the API is subject to these TOU. Any additional negotiated agreements related to ProjectManager.com API use will still abide by these terms, however any conflicting terms in that agreement will override terms identified in this section.
Access to the ProjectManager.com API is accessed through your private key(s) only. You assume responsibility for the security of your API key(s), which are assigned on a per-user basis within the account. Abuse of the ProjectManager.com API keys may subject you to liability, including as described in this agreement.
ProjectManager.com reserves the right to suspend and/or terminate access to your API with or without cause and for any reason and at any time. You have no rights associated with the API. Should your access to the API be terminated or suspended, you acknowledge that you are not entitled to any remuneration or compensation of any kind.
You agree that ProjectManager.com may identify you as a customer and may refer to you by name, trade name and trademark, if applicable, and that ProjectManager.com may briefly describe your business, if applicable, in its marketing materials on its Sites. You hereby grant ProjectManager.com an irrevocable, perpetual, worldwide, fully-paid license to use your name and any of your tradename and/or trademarks solely in connection with the rights granted to ProjectManager.com pursuant to this marketing section.
Trademarks; Copyrights; Proprietary Rights
ProjectManager.com is the sole owner of the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Sites (“ProjectManager.com Content”). ProjectManager.com specifically excludes ownership of Content created, uploaded, transmitted or otherwise posted by Users and Subscribers and as previously described as “User and Subscriber Content.”
ProjectManager.com owns all the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with ProjectManager.com Software “Software”, the Sites, and the Services.
You acknowledge and agree that the Software and Service contain proprietary and confidential information protected by applicable intellectual property laws and other laws. Any and all Content in sponsorship advertisements or any information presented through the Service or by Advertisers is protected by trademark, copyright, service mark, patent and/or other proprietary rights and laws. You agree, unless otherwise authorized, not to create derivative works or otherwise modify, reproduce, adapt, rent, lease, sell, distribute or exploit the Service, Content or the Software in whole or in part.
The term “ProjectManager.com” and any Content on the Sites or Services that distinguishes ProjectManager.com from other goods and services are registered or unregistered trademarks of ProjectManager.com (the “ProjectManager.com Trademarks”.) ProjectManager.com does not grant Users any implied or express rights in ProjectManager.com Content or ProjectManager.com Trademarks, and all rights are retained and reserved by ProjectManager.com, and you agree not to display or use in any manner the ProjectManager.com Trademarks without prior written consent.
User & Subscriber Indemnification of ProjectManager.com for Certain Actions
To the maximum extent permitted by Applicable Laws, Users and Subscribers agree to indemnify and hold ProjectManager.com and its officers, directors, employees, contractors, agents attorneys partners, licensors and other representatives harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) User or Subscriber Content you transmit, submit, post, email or otherwise make available through the Sites or Services, (ii) your unauthorized use of the Sites or Services, (iii) your relation or connection to the Sites and Services, including, but not limited to, your use of the Services to link to other Sites or to upload content or data to other Sites, or (iv) your violation of any rights including but not limited to another person or entity’s copyright or other intellectual property rights.
Disclaimer of Warranties
Your use of the ProjectManager.com service is at your sole risk. ProjectManager.com provides the Services on an “as-is” and “as available” basis. to the fullest extent applicable by law, ProjectManager.com and its officers, directors, employees, contractors, agents, attorneys, partners, licensors, and other representatives expressly disclaim all warranties of any kind, whether express or implied, but not limited to the implied warranties of merchantability and non-infringement, or fitness for a particular purpose.
PROJECTMANAGER.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, PARTNERS, LICENSORS AND OTHER REPRESENTATIVES MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; AND (ii) THAT THE SERVICE WILL BE ACCURATE, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE.
PROJECTMANAGER.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, PARTNERS, LICENSORS AND OTHER REPRESENTATIVES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUBSCRIBER CONTENT OR ANY FACILITIES, EQUIPMENT OR HOSTED SERVICES USED BY YOU IN CONNECTION WITH THE SITES AND HOSTED SERVICES INCLUDING BUT NOT LIMITED TO ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED USED BY YOU IN CONNECTION WITH THE SITES AND HOSTED SERVICES.
TO THE EXTENT THAT PROJECTMANAGER.COM MAY NOT AS A MATTER OF APPLICABLE LAWS DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED PURSUANT TO SUCH LAW.
Nothing in this agreement should construe the relationship between the parties as being between a franchisor or franchisee.
LIABILITY LIMITATION; EXCLUSIVE REMEDIES FOR USERS
YOU ACKNOWLEDGE AND EXPRESSLY UNDERSTAND AND AGREE THAT PROJECTMANAGER.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, PARTNERS, LICENSORS AND ANY OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY) OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT, REVENUE OR USE, DAMAGES FOR BUSINESS INTERRUPTIONS OR LOSS OF DATA) OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OR INABILITY TO USE THE SITES OR SERVICE; (ii) THE COST OF SUBSTITUTE SERVICES AND/OR GOODS RESULTING FROM ANY DATA, INFORMATION, GOODS OR SERVICES ACQUIRED OR PURCHASED, OR MESSAGES RECEIVED, OR ANY TRANSACTIONS ENGAGED IN THROUGH OR FROM THE SITES OR SERVICES; (iii) DATA LOSSES FROM UNAUTHORIZED ACCESS OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA; (iv) THIRD PARTY STATEMENTS OR CONDUCT ON THE SITES OR SERVICE; (v) OR ANY OTHER MATTER RELATED TO THE SERVICE, EVEN IF PROJECTMANAGER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PROJECTMANAGER’S MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE), NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARISING OUT OF OR RELATING TO THE SITES AND SERVICES, (INCLUDING ANY LIABILITY ARISING OUT OF ANY PERFORMANCE, NONPERFORMANCE OR BREACH) WILL IN NO EVENT EXCEED THE TOTAL AMOUNTS, IF ANY, PAID BY YOU TO PROJECTMANAGER.COM UNDER THIS AGREEMENT.
PROJECTMANAGER.COM DOES NOT: (i) ENDORSE OR ACCEPT REPONSIBILITY FOR THE RELIABILITY OR ACCURACY OF ANY OPINION, STATEMENT OR ADVICE MADE BY ANY PARTY THAT APPEARS ON THE SITES OR SERVICES; OR (ii) GUARANTEE THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION ON THE SITES OR SERVICES. UNDER NO CIRCUMSTANCES WILL PROJECTMANAGER.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OR CONTENT POSTED ON THE SITES OR SERVICES OR TRANSMITTED TO OR BY ANY USERS OR SUBSCRIBERS.
The ProjectManager.com name and logo trademarks and service marks and other ProjectManager.com product and service names and logos are trademarks of ProjectManager.com.
This TOU, together with all terms incorporated by reference, constitutes the entire agreement between you and ProjectManager.com and govern your use of the Service and Sites and supersedes any previous agreements between you and ProjectManager.com with respect to the Service. There may be additional applicable terms and conditions that apply when you use and purchase other ProjectManager.com services, third party content or third-party software, or affiliate services.
You must ensure that your access to this website is not illegal or prohibited by laws that apply to you. Details contained on this website relating to our services have been prepared in accordance with NZ law and may not satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside NZ) and if the details do not satisfy the laws of your jurisdiction, you may not subscribe to any services from this website.
Electronic Form & Signatures
By accessing the Sites or Services, you consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records. You further agree that when you subscribe to the Service by clicking “Subscribe” or “Start FREE Trial” or other similar buttons with your mouse, keystroke, or equivalent computer function, or through your mobile device, your agreement or consent to access the Service will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Notices and Future Changes
Waiver and Severability of Terms
The failure of ProjectManager.com to enforce or exercise any provision or right of the TOU shall not constitute a waiver of such provision or right. If any provision of this TOU is held to be invalid or unenforceable under applicable law, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; and the other provisions of the TOU shall remain in full force and effect.
You agree that your ProjectManager.com account is nontransferable and you or your account users may not assign rights or delegate any duties under this Agreement. ProjectManager.com may delegate duties or assign rights under this TOU in connection with a merger, reorganization, or sale of substantially all of its assets. This TOU will bind successors and permitted assigns.
Statute of Limitations
You agree that any claim or cause of action related to use of the Service or the TOU, regardless of any law or statue to the contrary, must be filed within one (1) year after such cause or claim of action arose or be forever barred.
Want To Contact Us About This Agreement? Please contact us anytime at email@example.com.