Terms and Conditions
Terms and Conditions for THE PM PRO
Effective Date: January 7, 2025
Welcome to THE PM PRO, a platform owned and operated by Amir International LLC. These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Amir International LLC (“we,” “us,” or “our”) regarding your access to and use of our website, www.thepmpro.net (“Website”), and any associated services, features, or content provided through the Website (“Services”).
By accessing, browsing, or using the Website or any of its Services, you confirm that you have read, understood, and agree to be bound by these Terms, as well as any applicable laws and regulations. If you do not agree to these Terms in whole or in part, you are expressly prohibited from accessing or using the Website, and you must discontinue use immediately.
DEFINITIONS
- Agreement
Refers to these Terms and Conditions, including any policies, guidelines, or rules referenced herein or incorporated by reference. - Website
Refers to www.thepmpro.net, including all subdomains, content, tools, and services provided or made available by Amir International LLC through this platform. - Services
Refers to all features, functionalities, content, and offerings provided through the Website, including but not limited to consulting, tools, or any digital interactions. - User
Refers to any individual or entity that accesses, browses, interacts with, or uses the Website or Services, whether registered or unregistered. - Content
Refers to all text, images, videos, audio, software, graphics, and other materials provided on the Website, including user-generated content. - Personal Data
Refers to any information relating to an identified or identifiable individual, such as name, email address, physical address, phone number, or other data as defined under the General Data Protection Regulation (GDPR) or other applicable privacy laws. - Controller
Refers to Amir International LLC, which determines the purposes and means of processing personal data collected through the Website. - Processor
Refers to any third party or agent that processes personal data on behalf of the Controller in accordance with data protection laws. - Third Party
Refers to any individual, entity, or organization other than the User, Website owner, or affiliated parties authorized to perform specific tasks or provide services. - Account
Refers to a registered profile created by a User on the Website to access certain features, tools, or personalized Services. - Intellectual Property
Refers to all copyrights, trademarks, patents, trade secrets, design rights, and other proprietary rights in and related to the Content and Services provided by the Website. - Prohibited Conduct
Refers to actions or behaviors that are expressly restricted by these Terms, including illegal activities, unauthorized access, and use of the Website in violation of its intended purpose. - Confidential Information
Refers to proprietary, sensitive, or non-public information disclosed by one party to another in connection with the Services, including but not limited to business data, trade secrets, or technical information. - Modification
Refers to any updates, changes, or amendments made to the Website, Services, Content, or these Terms at the discretion of Amir International LLC. - Termination
Refers to the cessation or revocation of a User’s access to the Website and its Services due to breach of these Terms or at the discretion of Amir International LLC. - Liability
Refers to the legal responsibility of Amir International LLC, its affiliates, or third parties for damages, losses, or claims arising from or related to the use of the Website. - Indemnification
Refers to the obligation of the User to compensate Amir International LLC and its affiliates for any damages, costs, or losses incurred due to a breach of these Terms or related legal violations. - Force Majeure
Refers to unforeseen events or circumstances beyond the control of Amir International LLC, including natural disasters, acts of government, war, or other emergencies, which may prevent or delay the fulfillment of obligations under these Terms. - Jurisdiction
Refers to the State of New Jersey, United States, which governs these Terms and any disputes arising from the use of the Website or Services. - Arbitration
Refers to the process of resolving disputes between Users and Amir International LLC through binding arbitration, as outlined in these Terms, instead of in court. - Feedback
Refers to any comments, suggestions, or ideas submitted by Users regarding the improvement of the Website or Services, which Amir International LLC may use without obligation to the User. - Cookies
Refers to small text files stored on a User’s device by the Website to enhance user experience, gather analytics, or facilitate personalized content and Services.
Acceptance of Terms
By accessing, browsing, or using the Website, www.thepmpro.net (the “Website”), which is owned and operated by Amir International LLC (“we,” “us,” or “our”), you (“User”) expressly acknowledge, understand, and agree to be bound by these Terms and Conditions (“Terms”). This includes any other applicable policies, such as our [Privacy Policy], and additional terms that may govern specific features, services, or interactions offered through the Website (collectively, the “Agreement”).
Your continued use of the Website constitutes:
- Legal Acceptance: Your acceptance of these Terms as a binding legal agreement under the applicable laws, including but not limited to the Uniform Electronic Transactions Act (UETA) and the Electronic Signatures in Global and National Commerce Act (E-SIGN), which recognize the validity of electronic agreements.
- Ongoing Consent: Your agreement to adhere to these Terms and any modifications or updates that may be made in accordance with Section 8 (Modifications to the Service).
If you do not agree to these Terms or any portion thereof, you are expressly prohibited from accessing, browsing, or using the Website or any related services, and you must discontinue use immediately.
Representations and Warranties
By accessing or using the Website, you represent and warrant that:
Legal Capacity: You are at least 18 years old, or the legal age of majority in your jurisdiction, and have the legal capacity to enter into a binding agreement.
- Authority: If you are accessing or using the Website on behalf of an entity, organization, or corporation, you represent that you are authorized to bind that entity to these Terms, and such entity agrees to indemnify you and Amir International LLC for violations of these Terms.
Compliance with Law: Your use of the Website does not and will not violate any applicable local, state, national, or international laws, rules, or regulations, including those related to consumer protection, intellectual property, and data privacy. - Truthful Information: All information you provide to us, whether during registration or otherwise, is accurate, truthful, and current.
Failure to meet any of these representations constitutes a breach of these Terms, which may result in the termination of your access to the Website under Section 5 (Termination).
Binding Nature of the Agreement
Pursuant to principles outlined in the Uniform Commercial Code (UCC) and applicable contract law, this Agreement constitutes a legally binding contract between you and Amir International LLC. Your use of the Website constitutes your affirmative acceptance of these Terms, creating a valid and enforceable legal relationship.
- Contractual Obligations: By accepting these Terms, you agree to comply with all provisions herein, as well as any policies incorporated by reference. This Agreement supersedes any prior agreements, understandings, or representations related to your use of the Website.
- Electronic Communication: You agree that communications with us, including acceptance of these Terms, can be conducted electronically under the provisions of E-SIGN, without requiring a physical signature.
Updates and Modifications
In accordance with common law principles and Section 205 of the Restatement (Second) of Contracts, we reserve the unilateral right to amend, revise, or update these Terms at any time. Such modifications shall become effective immediately upon posting the revised Terms on the Website.
- Notification of Changes: Significant changes to these Terms will be communicated via email or through a notice on the Website. However, it is your responsibility to periodically review these Terms to stay informed of updates.
- Continued Use: Your continued use of the Website following the posting of updates constitutes your acknowledgment and acceptance of the revised Terms. If you do not agree to the modifications, you must discontinue use of the Website.
Intellectual Property
Ownership of Intellectual Property
The Website, www.thepmpro.net (“Website”), and all original content available on or through the Website, including but not limited to text, graphics, logos, icons, images, videos, software, audio files, design elements, layout, and other materials (collectively, “Content”), are the sole and exclusive property of Amir International LLC. The Content is protected by a combination of United States and international intellectual property laws, including but not limited to:
- Copyright Law under Title 17 of the United States Code (U.S.C. § 101 et seq.).
- Trademark Law, as governed by the Lanham Act (15 U.S.C. § 1051 et seq.).
- Patent Law, as outlined in Title 35 of the U.S. Code.
- Trade Secret Protections under the Defend Trade Secrets Act (18 U.S.C. § 1836 et seq.) and applicable state laws.
Scope of Permitted Use
Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its Content solely for personal, non-commercial purposes. This license does not grant you any ownership rights in the Website or its Content and is subject to the following restrictions:
- Personal Use Only: The Content may only be used for personal, informational, and non-commercial purposes unless otherwise agreed in writing by Amir International LLC.
- No Transfer or Sub-License: You may not assign, transfer, or sub-license your rights under this license to any third party.
Restrictions on Use
You expressly agree not to engage in any of the following activities without prior written consent from Amir International LLC:
- Reproduction: Copying, duplicating, or reproducing any Content for commercial or non-commercial purposes.
- Modification: Altering, adapting, translating, or creating derivative works from the Content.
- Distribution: Selling, leasing, sublicensing, publishing, or distributing the Content, in whole or in part, in any format.
- Public Display or Performance: Using the Content for public display, performance, or other forms of public dissemination.
- Reverse Engineering: Decompiling, disassembling, or reverse-engineering any part of the Website or its software.
Enforcement of Intellectual Property Rights
Amir International LLC actively enforces its intellectual property rights to the fullest extent permitted by law. Any unauthorized use, reproduction, distribution, or exploitation of the Content is strictly prohibited and constitutes a violation of intellectual property laws.
- Violations may result in:
Civil Penalties: Liability for monetary damages, including actual damages, statutory damages, and attorneys’ fees, as outlined in 17 U.S.C. § 504. - Criminal Penalties: Potential criminal prosecution under federal law, including fines and imprisonment for willful infringement under 17 U.S.C. § 506.
Notice of Infringement
If you believe that your intellectual property rights or those of a third party are being infringed upon through the Website, you may notify Amir International LLC at info@thepmpro.net. Your notice should include:
- A description of the intellectual property and the alleged infringement.
- Evidence or documentation demonstrating ownership of the intellectual property.
- Your contact information for further correspondence.
Reservation of Rights
All rights not expressly granted under these Terms are reserved by Amir International LLC. No provision in these Terms shall be construed as granting any implied license or rights under any intellectual property of Amir International LLC or its affiliates.
User Obligations
By accessing or using the Website, www.thepmpro.net (“Website”), owned and operated by Amir International LLC, you agree to abide by the following obligations, which are designed to ensure the integrity, functionality, and security of the Website and its services. Non-compliance with these obligations may result in the suspension or termination of your access as outlined in Section 5 (Termination).
Lawful Use
You agree to use the Website solely for lawful purposes and in full compliance with these Terms, as well as all applicable local, state, national, and international laws and regulations. Specifically, you agree not to:
- Engage in any activity that violates intellectual property laws, privacy laws, or other legal rights of individuals or entities.
- Use the Website for any fraudulent, deceptive, or malicious purposes.
- Access or use the Website in a manner that violates any applicable export control or trade restriction laws.
Accuracy of Information
When interacting with the Website, such as during account registration or when submitting inquiries, you agree to:
- Provide accurate, current, and complete information, ensuring it remains true and correct at all times.
- Promptly update your information if any changes occur to maintain its accuracy.
- Refrain from impersonating another individual or entity or providing false or misleading information.
Failure to provide accurate or truthful information constitutes a material breach of these Terms and may result in termination of your access under Section 5.
Respect for Website Functionality
To ensure the Website operates effectively for all users, you agree not to engage in any activity that disrupts, interferes with, or compromises the normal functionality, security, or accessibility of the Website. Specifically, you agree not to:
- Introduce or transmit any malicious code, viruses, worms, Trojan horses, or other harmful software or technologies.
- Attempt to gain unauthorized access to any part of the Website, its servers, or other systems through hacking, password mining, or other unlawful means.
- Conduct automated queries, scrape, or extract data from the Website using bots, spiders, or similar technologies without prior written consent from Amir International LLC.
- Overload, disrupt, or interfere with the integrity or performance of the Website or any third-party systems supporting the Website.
Prohibition of Abusive Behavior
You agree to use the Website in a manner that respects the rights and experience of other users. You expressly agree not to:
- Harass, threaten, or abuse other users or representatives of Amir International LLC.
- Post, upload, or distribute any defamatory, obscene, offensive, or otherwise unlawful content
Monitoring and Compliance
Amir International LLC reserves the right to monitor your use of the Website to ensure compliance with these Terms and applicable laws. Any activity that appears to violate these Terms may result in an investigation, and we reserve the right to report suspected unlawful activities to the relevant authorities.
Consequences of Non-Compliance
Failure to comply with these obligations constitutes a material breach of these Terms and may result in:
- Immediate suspension or termination of your access to the Website under Section 5 (Termination).
- Legal action, including civil or criminal proceedings, where applicable.
- Liability for any damages or losses incurred by Amir International LLC or its affiliates as a result of your breach.
Prohibited Conduct
You are expressly prohibited from engaging in any of the following activities while using the Website, www.thepmpro.net, owned and operated by Amir International LLC (“we,” “us,” or “our”):
- Illegal or Unauthorized Use: Using the Website for any unlawful purpose, including activities that violate applicable local, state, national, or international laws, regulations, or treaties.
- Spam and Unsolicited Communications: Transmitting, distributing, or facilitating the distribution of unsolicited commercial communications, such as spam emails or advertisements.
- Unauthorized Access: Attempting to access, probe, or tamper with any portion of the Website, user accounts, servers, or networks connected to the Website, through unauthorized means, including hacking, password mining, or other deceptive methods.
- Malicious Software: Introducing or attempting to introduce any malicious code, such as viruses, worms, Trojan horses, ransomware, or other harmful software, that could damage, disrupt, or interfere with the functionality or security of the Website.
- Disruption of Service: Engaging in activities that disrupt or interfere with the normal functioning of the Website, including denial-of-service attacks, excessive traffic generation, or similar acts.
- Impersonation and Misrepresentation: Misrepresenting your identity or affiliation with any individual, organization, or entity, or impersonating any person while using the Website.
Enforcement and Consequences
Violations of this clause constitute a material breach of these Terms and may result in:
- Immediate suspension or termination of your access to the Website under Section 5 (Termination).
- Civil, criminal, or administrative penalties as permitted by applicable laws, including liability for damages, fines, or other legal remedies.
Termination
We reserve the right to terminate, suspend, or restrict your access to the Website, with or without prior notice, for any of the following reasons:
- Breach of Terms: Violation of these Terms, including but not limited to prohibited conduct outlined in Section 4.
- Illegal Activities: Engaging in activities that violate applicable laws or regulations while using the Website.
- Security Threats: Actions that threaten the integrity, functionality, or security of the Website, its users, or its connected systems.
Effect of Termination
Upon termination of your access to the Website:
- Your rights to use the Website and its services will cease immediately.
- Amir International LLC retains the right to pursue legal remedies for any damages or violations caused prior to or as a result of your breach.
- All provisions of these Terms that, by their nature, should survive termination (e.g., limitations of liability, indemnification) will remain in full force and effect.
Limitations of Liability
To the fullest extent permitted by law, Amir International LLC and its affiliates, officers, employees, contractors, and agents disclaim liability for any damages arising from or related to your use of the Website. Specifically:
- Excluded Damages: We shall not be liable for direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, or business opportunities.
- Loss of data, goodwill, or other intangible losses.
- Service interruptions, technical malfunctions, or errors in Website functionality.
- Applicability: This limitation applies regardless of the legal theory of liability, whether arising from contract, tort (including negligence), strict liability, or any other basis, even if we were advised of the possibility of such damages.
Nothing in this section is intended to exclude or limit liability for gross negligence, willful misconduct, or any liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless Amir International LLC, its affiliates, officers, employees, contractors, and agents from any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
- Use of the Website: Your access to or use of the Website, including any actions or omissions made in violation of these Terms.
- Breach of Terms: Your failure to comply with these Terms or any additional policies referenced herein.
- Third-Party Claims: Any claims brought by a third party alleging that your actions on the Website infringed upon their intellectual property rights, privacy rights, or other legal protections.
Amir International LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification under this section. You agree to cooperate fully in asserting available defenses and mitigating any potential damages or liability.
Modifications to the Service
Amir International LLC reserves the right to modify, suspend, or discontinue any part of the Website or its services at any time, with or without prior notice, at its sole discretion. This includes, but is not limited to, adding or removing features, restricting access to certain functionalities, or terminating the Website entirely.
- No Liability for Modifications: Amir International LLC shall not be liable for any direct or indirect consequences resulting from such modifications, including, but not limited to, loss of access, data, revenue, or opportunities.
- User Responsibility: It is your responsibility to ensure that any content or data you wish to preserve from the Website is backed up or saved independently prior to any modification, suspension, or discontinuation.
Governing Law
These Terms shall be governed by, and construed in accordance with, the laws of the State of New Jersey, United States, without regard to its conflict-of-law principles.
- Jurisdiction: Any disputes arising under or in connection with these Terms shall be resolved exclusively in the state or federal courts located in New Jersey.
- No Extraterritorial Application: These Terms do not extend or apply any provisions of foreign laws unless explicitly stated or required by applicable international regulations.
By accessing or using the Website, you consent to the exclusive jurisdiction of these courts and waive any objections to venue or jurisdiction in New Jersey.
Arbitration Agreement
Any dispute, controversy, or claim arising out of, relating to, or connected with these Terms, including their formation, performance, breach, enforcement, or termination, shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
- Class Action Waiver: All disputes will be resolved on an individual basis, and you expressly waive any right to participate in or bring class actions, collective proceedings, or consolidated claims.
- Arbitration Location: Arbitration will be conducted in the State of New Jersey, unless both parties mutually agree to an alternative location.
The arbitrator’s decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction
Waiver and Severability
Waiver: The failure of Amir International LLC to enforce any provision of these Terms shall not be deemed a waiver of that provision or of the right to enforce it at a later time.
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable portion shall be construed, to the extent possible, to reflect the original intent of the parties.
Entire Agreement
These Terms, together with our Privacy Policy and any other policies expressly referenced herein, constitute the entire agreement between you and Amir International LLC regarding your use of the Website and its services.
- Supersession: These Terms supersede all prior agreements, understandings, representations, or communications, whether written or oral, relating to the Website.
- No Reliance: You acknowledge that you have not relied on any statement, promise, or representation not expressly set forth in these Terms.
Feedback
Amir International LLC values your feedback and encourages you to submit comments, suggestions, or ideas for improving the Website or its services (“Feedback”).
- License to Use Feedback: By submitting Feedback, you grant Amir International LLC a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, modify, reproduce, distribute, and otherwise exploit your Feedback for any purpose, including commercial purposes, without any obligation or compensation to you.
- Voluntary Submission: Submission of Feedback is entirely voluntary, and we are not obligated to keep such Feedback confidential.
Contact Us
We welcome your questions, concerns, or requests regarding these Terms and encourage you to contact us through any of the following methods:
Email
For general inquiries, feedback, or requests related to these Terms, please email us at:
info@thepmpro.net
We strive to respond to all email inquiries within 1-2 business days.
Phone
For urgent matters or direct assistance, you may contact us by phone during regular business hours at:
+1 (973) 920-5339
Mailing Address
For formal correspondence, you may send letters to:
Amir International LLC
FIVE GREENTREE CENTRE
525 ROUTE 73 STE 104
EVESHAM TOWNSHIP, NEW JERSEY 08053
Business Hours
We are available to address your inquiries during the following hours:
- Monday to Friday: 9:00 AM – 5:00 PM (Eastern Time)
- Closed on weekends and public holidays.
Purpose of Contact
You may reach out to us for the following purposes:
- Clarification of any provisions within these Terms.
- Assistance with exercising your rights, as outlined in our Privacy Policy or these Terms.
- Submission of complaints, suggestions, or feedback related to the Website or our services.
- Requests for additional information or support regarding your account or access to the Website.
Response Time Commitment
We are committed to addressing all inquiries promptly and professionally. For written correspondence sent via mail, please allow additional time for processing.