Accelerated Project Management Training


   PM Accelerated Learning Services, LLC

PM Accelerated Learning Services, LLC Non-disclosure agreement

​Unilateral Nondisclosure Agreement

This unilateral nondisclosure agreement is between PM ACCELERATED LEARNING SERVICES, LLC, a(n) California Limited Liability Company (the "Disclosing Party") and PM ACCELERATED LEARNING SERVICE, LLC CUSTOMER, an individual (the "Receiving Party").

The Disclosing Party has developed certain confidential information that it wants to make available to the Receiving Party for the purpose of Adaptive, or Predictive Project Management Training and PMP®, CAPM®, and SMC® Exam Preparatio.

The Receiving Party wants to review, examine, inspect, or obtain the confidential information only for the above-described purposes, and to otherwise maintain the confidentiality of that information pursuant to this agreement.

The parties therefore agree as follows:

1. CONFIDENTIAL INFORMATION.

The Disclosing Party may (but is not required to) disclose certain of its confidential and proprietary information to the Receiving Party. "Confidential Information" means:

(a) information relating to the Disclosing Party or its current or proposed business, including financial statements, budgets and projections, customer identifying information, potential and intended customers, employers, products, computer programs, specifications, manuals, software, analyses, strategies, marketing plans, business plans, and other confidential information, whether provided orally, in writing, or by any other media, that was or will be:

(i) provided or shown to the Receiving Party or its directors, officers, employees, agents, and representatives (each a "Receiving Party Representative") by or on behalf of the Disclosing Party or any of its directors, officers, employees, agents, and representatives (each a "Disclosing Party Representative"); or

(ii) obtained by the Receiving Party or a Receiving Party Representative from review of documents or property of, or communications with, the Disclosing Party or a Disclosing Party Representative; and

(b) all notes, analyses, compilations, studies, summaries, and other material, whether provided orally, in writing, or by any other media, that contain or are based on all or part of the information described in subsection (a) (the "Derivative Materials").

The Disclosing Party shall identify Confidential Information disclosed orally as confidential within 1 days of disclosure. The Disclosing Party's failure to identify information as Confidential Information is not an acknowledgment or admission by the Disclosing Party that that information is not confidential, and is not a waiver by the Disclosing Party of any of its rights with respect to that information.

2. OBLIGATION TO MAINTAIN CONFIDENTIALITY.

(a) Confidentiality. The Receiving Party shall, and shall ensure that each Receiving Party Representative, keep the Confidential Information confidential. Except as otherwise required by law, the Receiving Party and Receiving Party Representatives may not:

(i) disclose any Confidential Information to any person or entity other than:

A. a Receiving Party Representative who needs to know the Confidential Information for the purposes

of its business with the Disclosing Party;

B. with the Disclosing Party's prior written authorization; or

(ii) use the Confidential Information for any purposes other than those contemplated by this agreement.

(b) No Reverse Engineering. The Receiving Party may not reverse engineer, disassemble, or decompile any prototypes, software, or other tangible objects that embody the Confidential Information and that are provided to the Receiving Party under this agreement.

(c) Term. The Receiving Party shall, and shall require each Receiving Party Representative to, maintain the confidentiality and security of the Confidential Information until the earlier of: (i) such time as all

Confidential Information disclosed under this agreement becomes publicly known and is made generally available through no action or inaction of the Receiving Party or (ii) the third anniversary of the disclosure. However, to the extent that the Disclosing Party has disclosed information to the Receiving Party that constitutes a trade secret under law, the Receiving Party shall protect that trade secret for as long as the information qualifies as a trade secret.

3. EXCLUSIONS.

The obligations and restrictions of this agreement do not apply to that part of the Confidential Information that:

(a) was or becomes publicly available other than as a result of a disclosure by the Receiving Party in violation of this agreement;

(b) was or becomes available to the Receiving Party on a nonconfidential basis before its disclosure to the Receiving Party by the Disclosing Party or a Disclosing Party Representative, but only if:

(i) the source of such information is not bound by a confidentiality agreement with the Disclosing Party or is not otherwise prohibited from transmitting the information to the Receiving Party or a Receiving Party Representative by a contractual, legal, fiduciary, or other obligation; and

(ii) the Receiving Party provides the Disclosing Party with written notice of such prior possession either (A) before the execution and delivery of this agreement or (B) if the Receiving Party later becomes aware (through disclosure to the Receiving Party) of any aspect of the Confidential Information as to which the Receiving Party had prior possession, promptly on the Receiving Party so becoming aware; or

(c) is requested or legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, or similar process), or is required by a regulatory body, to be disclosed. However, the Receiving Party shall:

(i) provide the Disclosing Party with prompt notice of any such request or requirement before disclosure so that the Disclosing Party may seek an appropriate protective order or other appropriate remedy; and

(ii) provide reasonable assistance to the Disclosing Party in obtaining any such protective order.

If a protective order or other remedy is not obtained or the Disclosing Party grants a waiver under this agreement, then the Receiving Party may furnish that portion (and only that portion) of the Confidential Information that, in the written opinion of counsel reasonably acceptable to the Disclosing Party, the Receiving Party is legally compelled or otherwise required to disclose. The Receiving Party shall make reasonable efforts to obtain reliable assurance that confidential treatment will be accorded any part of the Confidential Information so disclosed; or

(d) was developed by the Receiving Party independently without breach of this agreement.

4. RETURN OF PROPERTY.

If the Disclosing Party requests, the Receiving Party shall, and shall cause each Receiving Party Representative to promptly (and no later than 30 days after the request):

(a) return all Confidential Information to the Disclosing Party; and

(b) destroy all Derivative Material and within 30 days of this destruction, provide a written certificate to the Disclosing Party confirming this destruction.

5. OWNERSHIP RIGHTS.

The Receiving Party acknowledges that the Confidential Information is, and at all times will be, the Disclosing Party's sole property, even if suggestions made by the Receiving Party are incorporated into the Confidential Information. The Receiving Party obtains no rights by license or otherwise in the Confidential Information under this agreement. Neither party solicits any change in the other party's organization, business practice, service, or products, and the disclosure of Confidential Information may not be construed as evidencing any intent by a party to purchase any products or services of the other party or as an encouragement to expend funds in development or research efforts. The Confidential Information may pertain to prospective or unannounced products. The Receiving Party may not use the Confidential Information as a basis on which to develop or have a third party develop a competing or

similar plan or undertaking.

6. FUTURE PRODUCTS; RESIDUALS.

The confidentiality terms of this agreement do not limit the Receiving Party's right to develop or acquire products independently without use of the Confidential Information. Further, the Receiving Party may use for any purpose the residuals resulting from access to or work with the Confidential Information. However, the Receiving Party may not disclose the Confidential Information except as expressly permitted under this agreement. The term "residuals" means information in intangible form that is retained in memory by people who have had access to the Confidential Information, including ideas, concepts, know-how, or techniques contained in that Confidential Information. The Receiving Party is not required to limit or restrict the assignment of such persons or to pay royalties for any work resulting from the use of residuals. This section does not give the Receiving Party a license under the Disclosing Party's copyrights or patents.

7. NO OBLIGATION.

Nothing in this agreement obligates either party to proceed with any transaction between them, and each party reserves the right, in its sole discretion, to terminate the discussions contemplated by this agreement concerning the business opportunity, if any, and to cease further disclosures, communications, or other activities under this agreement on written notice to the other party. Any commitment to proceed with a transaction will be set forth in a separate agreement signed by the parties.

8. NO WARRANTY.

ALL CONFIDENTIAL INFORMATION IS PROVIDED "AS IS." THE DISCLOSING PARTY MAKES NO WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE, REGARDING THE ACCURACY, COMPLETENESS, OR PERFORMANCE OF ANY SUCH INFORMATION.

9. GOVERNING LAW; EQUITABLE RELIEF.

(a) Choice of Law. The laws of the state of California govern this agreement (without giving effect to its

conflicts of law principles).

(b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in United States of America County, California.

(c) Equitable Relief. The Receiving Party's breach of this agreement will cause irreparable harm to the Disclosing Party and monetary damages may not be a sufficient remedy for an unauthorized disclosure of the Confidential Information. If the Receiving Party discloses the Confidential Information in violation of this agreement, the Disclosing Party may, without waiving any other rights or remedies and without posting a bond or other security, seek an injunction, specific performance, or other equitable remedy to prevent competition or further disclosure, and may pursue other legal remedies.

10. AMENDMENTS.

No amendment to this extension will be effective unless it is in writing and signed by both parties or their authorized representatives.

11. ASSIGNMENT AND DELEGATION.

(a) No Assignment. Neither party may assign any of its rights under this agreement, except with the prior written consent of the other party. All voluntary assignments of rights are limited by this subsection.

(b) No Delegation. Neither party may delegate any performance under this agreement, except with the prior written consent of the other party.

(c) Enforceability of an Assignment or Delegation. If a purported assignment or purported delegation is made in violation of this section, it is void.

12. COUNTERPARTS; ELECTRONIC SIGNATURES.

(a) Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.

(b) Electronic Signatures. This agreement, agreements ancillary to this agreement, and related

documents entered into in connection with this agreement are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

13. SEVERABILITY.

If any provision in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if the invalid, illegal, or unenforceable provisions had never been contained in this agreement, unless the deletion of those provisions would result in such a material change that would cause completion of the transactions contemplated by this agreement to be unreasonable.

14. NOTICES.

(a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.

(b) Addresses. A party shall address notices under this section to a party at the following addresses:

If to the Disclosing Party:

PM Accelerated Learning Services, LLC

Scott Hamilton

3461 Fairway Drive

Cameron Park, California 95682

scotthamiltonpm@gmail.com

If to the Receiving Party:

PM Accelerated Learning Service, LLC customer

3461 Fairway Drive

Cameron Park, California 95682

scotthamiltonpm@gmail.com

(c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.

15. WAIVER.

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

16. ENTIRE AGREEMENT.

This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement with respect to the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.

17. HEADINGS.

The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement's construction or interpretation.

18. EFFECTIVENESS.

This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.

19. NECESSARY ACTS; FURTHER ASSURANCES.

Each party and its officers and directors shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement. 


Terms and Conditions for PMP® Exam Prep Classroom Programs conducted by PM Accelerated Learning Services, LLC

 

Terms and conditions:

1.      Success Guarantee: Ensures that you pass the PMP exam or we refund the retake/program fees.*Conditions apply                              

2.     Payment towards enrollment: Full payment of the enrollment fee is due at the time of registration. Payment can be done through
Credit Card. Currently we accept credit card (accepts all leading credit cards including Visa, MasterCard, Amex etc.) or payments made through PayPal.  PayPal is our payment gateway

3.     Cancellation Policy of course (PM Accelerated Learning Services may need to cancel a class due to insufficient enrollment.), In the event the program has fewer than 3 people, the program will be held virtually through on online meeting space.  Note the level of quality and value of the program will not change with a virtual platform  If PM Accelerated Learning Services needs to cancel due to illness or force majeure (war, strike, riot, flood, etc.) said company will work on rescheduling the program or refund the amount of purchase through PayPal)

There are two options available if PM Accelerated Learning Services cancels a class:

1.     Reschedule to a future class in any location or virtual class: Students can opt to reschedule to a future class in any location or virtual class. The amount paid for the PM Accelerated Learning Service, LLC class will be applied towards the future class.

2.     Ask for full refund: Students will have the option to ask us for a full refund of their payment in case of course cancellation done by PM Accelerated Learning Service, LLC. Classroom Training. They will also have the option to retain the PDUs which they have received through PM Accelerated Learning Service, LLC.com Preparatory Program for PMP Exam (in case the course is cancelled after you have done the full payment)

4.     Cancellation Policy of course (if student can not come to a course conducted by PM Accelerated Learning Service, LLC Classroom Training):

1.     All requests for cancellation must be done through email.  Send all such emails to scotthamiltonpm@gmail.com

2.     Cancellation more than 12 days before the course commencement date: Cancellation fee of $ 400 will be charged. (this is the minimum cancellation fee charged if any paid student cancels)

3.     Cancellation 5 days - 12 days before the course commencement date: Cancellation fee of $ 1200 will be charged.

4.     Cancellation within 5 days of the course commencement date: No money is refundable.

Please note that we charge a cancellation fee to compensate us for fixed expenses including hotel bookings, instructor fees, etc. You will also be able to use the PDUs, which you get from PMstudy preparatory program to apply for the PMP exam. All refunds will be processed and payments made to students within 30 days of receipt for a course cancellation request

5.     Course Rescheduling: A student or group may opt to reschedule a course after initial enrollment or with a group, the group agrees to a specific date for their private program. Then, a rescheduling fee is charged as mentioned below:

1.     All requests for rescheduling must be done through email.  Send all such emails to support@pmals.net

2.     Rescheduling more than 10 days before the course commencement date: Additional rescheduling fee of $ 400 will be charged to the individual. Groups needing to reschedule will be charged $600. (This is the minimum rescheduling fee charged if any student or group reschedules)

3.     Rescheduling a programs by an individual.10 days or less than 10 days before the course commencement date: Additional rescheduling fee of $600 will be charged.

4.     Rescheduling group programs.10 days or less than 10 days before the course commencement date: Additional rescheduling fee of $1000 will be charged.

Please note that the additional rescheduling charges should be paid to PM Accelerated Learning Services, LLC. Inc within 7 days of receipt for a course rescheduling request.

6.     Limitation of Liability: In case of any disputes or perceived failure to provide service as agreed, PM Accelerated Learning Service, LLC will only be liable for the amount paid by the student towards the course enrollment fee. PM Accelerated Learning Service, LLC will not be liable for lost wages, travel costs and any other incidental costs that a student may have incurred. The total value of reimbursement provided to a student by PM Accelerated Learning Service, LLC will not, under any circumstances, exceed the amount that the student has paid for the course.  PM Accelerated Learning Service

7.     Once the virtual classroom program begins, virtual classroom students will not be permitted to reschedule to a classroom program.

8.     PM Accelerated Learning Service, LLC will not be responsible for any charges related to parking.

9.     Proprietary use of PM Accelerated Learning Service, LLC & material: We will provide you study guides and other material, which are proprietary property of PM Accelerated Learning Service. Therefore, no part of any course materials may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or translated into any language, without our prior written consent. Any such activity constitutes a violation of copyright laws and the PMI code of ethics and will be reported to PMI. You also represent that you are participating in the PM Accelerated Learning Service, LLC PMP boot camp solely to prepare for the PMP exam and that you have no relationship with any person or company which provides training for the PMP exam.

10.   Information about your enrollment may be provided to co-workers in your company who may ask for reference about our course.

11.   Non-Solicitation Policy: If you enroll in a PM Accelerated Learning Service, LLC course and pass the PMP/CAPM Exam, your name will be added to the success list of PMP/CAPM students using PM Accelerated Learning Service, LLC. You may also be featured in photos or videos of the PM Accelerated Learning Service, LLC classes showing how we teach. However, PM Accelerated Learning Service, LLC.com will not distribute your personal information to any third party marketing database or disclose the personal details to anyone EXCEPT on a case to case basis after proper verification of the person requesting for the information or in case of legal requirements. Your personal information could be used by us to inform you regarding other courses being provided by PM Accelerated Learning Service, LLC.

12.   All Texas residents should be sponsored by an employer, and should provide the employer details while enrolling to PM Accelerated Learning Service, LLC course.

13.   In case of any dispute, PM Accelerated Learning Services’ decision is final.

14.   PM Accelerated Learning Services has the discretion to change the terms and conditions without any prior notice.



PMI, PMP, CAPM, PMBOK, PM Network and the PMI Registered Education Provider logo are registered marks of the Project Management Institute, Inc.