CMI Terms and Conditions
- SCOPE OF THE AGREEMENT
This Terms of Use Agreement (“Agreement”) by and between the Construction Management Institute (“we”, “us”, “our” or “CMI”) and you (“you”, “your” or “User”) governs your use of the www.cmiusaweb.com site (“Site”) together with all information, content, products, materials, and services made available to you through the same by us and/or third parties (which together with the Site shall be collectively referred to as the “Services”). By using or otherwise accessing the Services, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of this Agreement. If you do not agree to this Agreement, do not access or use the Services in any manner.
When we refer to the “use” of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information, or communication associated with the Services. These terms and conditions, together with the other terms of use applicable to other CMI-owned or controlled websites and any other policies, rules, and provisions which are described, linked, or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Policy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Services.
CMI reserves the right to modify the terms of this Agreement at any time and will post a notice of such changes. The changes become effective immediately upon posting (the “Effective Date”). If any change to the Agreement is not acceptable to you, you must stop using the Services. Your use of the Services after the Effective Date shall constitute your acceptance of such changes. If we make any new products or services available, they will be considered a part of the Services and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software, or other services.
- DEFINITIONS
2.1 “CMI” refers to the Construction Management Institute of the United States of America which will provide the program and exams to the STUDENT.
2.2 “STUDENT” means the candidate who enrolls in the PROGRAM or PROGRAMS of the CMI.
2.3 “PROGRAM” means Live Online PROGRAM, Face to Face PROGRAM, or Distance Learning PROGRAM with the ASSIGNMENTS.
2.4 “PROGRAM MATERIALS” means electronic copies of materials relating to the PROGRAM which are offered by CMI and distributed through CMI LMS.
2.5 “TERMS” means the Terms and Conditions set out in this document.
2.6 “PARTIES” means the STUDENT and the CMI.
2.7 “CONTRACT” means the contract between CMI and the STUDENT for the sale and purchase of PROGRAM(S).
2.8 “COMPLETION OF PROGRAM” means the STUDENT has received their final grade in the PROGRAM.
2.9 “CMI LMS” is the Learning Management System (LMS) owned by CMI which is operating via www.cmiusalms.com
2.10 “ASSIGNMENTS” means the exams the STUDENT must pass at the end of each COURSE within the PROGRAM.
2.11 “$” means United States Dollars.
2.12 “CMI INTELLECTUAL PROPERTY” refers to, all text, graphics, images, trademarks, logos, button icons, programs, software, and other data, content, information, and materials, tangible and intangible, and all intellectual property rights in and to the same which are owned by CMI or licensed to CMI by third parties. This includes but is not limited to CMI Content and CMI Trademarks.
2.13 “CMI TRADEMARK(S)” refers to all trademarks and service marks owned by CMI, as defined by 15 U.S.C. § 1127.
2.14 “CMI CONTENT” refers to copyrighted content owned by CMI or other copyrighted content owned by third-party partners of CMI.
2.15 “SITE” refers to the website www.cmiusaweb.com, which is owned and operated by Construction Management Institute of the United States of America, Inc.
2.16 “You” “Your” and/or “User” refer to any individuals and/or entities accessing the Site for any reason.
- ABOUT CMI
3.1 In these TERMS, references to the CMI are to the Construction Management Institute of the United States of America INC., which was incorporated as a Delaware corporation with assigned filing number 7883866 whose registered address is at ‘8 The Green, Ste A, Dover, Kent DE, 19901’. The CMI can be contacted at info@cmiusaweb.com
3.2 The CMI is a leading professional institute and academy for Engineering, Construction, Management, Training, and other PROGRAMS. As a global organization, it provides live online and face-to-face PROGRAMS to students all over the world.
- RIGHTS OF CMI
4.1 The CMI reserves the right to adjust the price of any PROGRAM at any time prior to an enrollment that is being processed.
4.2 The CMI reserves the right to adjust the specification of the PROGRAM, or any aspect of the PROGRAM, as per the awarding body’s requirements.
4.3 Should the CMI increase the cost of any PROGRAM, the STUDENT who is currently enrolled in that PROGRAM and has paid for any level will be required to pay for another level at the amount that is stipulated on the website at the time of the payment.
4.4 The CMI reserves the right to withdraw a PROGRAM at any time. Should the CMI withdraw any PROGRAM after the STUDENT has purchased it, the CMI shall refund to the STUDENT an amount agreed between the CMI and STUDENT, based on the number of COURSES/sub- PROGRAMS completed, including lectures, and assessed ASSIGNMENTS that CMI has delivered to the STUDENT.
4.5 The CMI shall not be liable for anyone withdrawing from the PROGRAM or refusing to process an enrollment.
4.6 The CMI reserves the right to appoint a new lecturer/assessor or change the lecturer/assessor or manage the lecturer/assessor at any time during the duration of a PROGRAM.
4.7 The CMI reserves the right to abide by the decisions taken by the awarding bodies (or their subsidiaries or their partners) in terms of any eligibility to apply for any membership level, etc. The CMI shall inform the STUDENT if any changes are made. The STUDENT shall not be entitled to claim any compensation or refund against the CMI for any inconvenience or losses caused by the awarding bodies (or their subsidiaries or their partners’) decision which is beyond the CMI’s control.
4.8 The CMI reserves the right to accept or refuse a STUDENT’s application for enrollment to any PROGRAM.
4.9 The CMI reserves the right to refuse the STUDENT’s application for the enrollment to any PROGRAM due to partial payment made prior to the approval of the CMI and essential documents not being submitted to prove the requested entry requirements.
4.10 The CMI reserves the right to suspend the STUDENT’s entitlement to follow the PROGRAM if they fail to pay the agreed monthly direct debit within (4) four days from the due date on which their direct debit is scheduled to be taken.
4.11 If a STUDENT’s application for the enrollment of the PROGRAM is not accepted by the CMI, any payment made by the STUDENT shall be returned in full.
4.12 The STUDENT’s enrollment will be valid for the period of (3) three years continuously from the date of first payment made.
4.13 In accordance with clause 4.12, the CMI reserves the right to invalidate the STUDENT’s enrollment if the STUDENT does not complete the PROGRAM in the time period mentioned.
4.14 If the STUDENT fails to complete the PROGRAM within the time period mentioned in clause 4.12, the STUDENT will be required to pay the entire PROGRAM fee again if the STUDENT wants to continue or retake the PROGRAM.
4.15 The CMI reserves the right to suspend the STUDENT from the PROGRAM, if the CMI is unable to contact the STUDENT in accordance with clauses 11.4 to 11.6, below. The STUDENT may resume the PROGRAM on the condition that it is completed within the time period state in clause 4.12.
4.16 The STUDENT can defer the PROGRAM at any time, on the condition that it is completed within the time frame stated within clause 4.12. If the STUDENT fails to resume within this time period, they will be required to pay the entire PROGRAM fee again in order to continue.
4.17 The CMI reserves the right to suspend a STUDENT who is considered to have breached the TERMS above.
- Use of the CMI’s Website (including Learning Management System (LMS) – CMI LMS)
5.1 The STUDENT’s use and access to the CMI’s Website, CMI LMS, the Online Content, and PROGRAM is subject to the following conditions (“Acceptable Use Conditions”), and the STUDENT agrees that failure to comply with any one of the Acceptable Use Conditions will be in breach of these TERMS:
5.2 The STUDENT agrees to use the Website and access the Online Content and PROGRAM only for lawful purposes and in no way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
5.3 The STUDENT agrees not to use the Website or access the Online Content and PROGRAM for the purposes of harming or attempting to harm minors in any way.
5.4 The STUDENT agrees not to distribute all or any part of the CMI’s Website and/or Online Content and/or PROGRAM in any medium.
5.5 The STUDENT agrees not to (and not to attempt to) circumvent, disable or otherwise interfere with any security-related features of the Website or features that (i) prevent or restrict the use or copying of content or (ii) enforce limitations on us, the use of the Website or access to the Online Content and PROGRAMS.
5.6 The STUDENT agrees not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.7 The STUDENT agrees to use the Website and access the Online Content and PROGRAM in a way that does not infringe the rights of anyone else or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content, and PROGRAMS.
5.8 The STUDENT agrees not to post, upload, email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes.
5.9 The STUDENT agrees not to access or attempt to access any other STUDENT‘s account or falsely state, impersonate, or otherwise misrepresent a STUDENT’s identity, including but not limited to the use of a pseudonym or misrepresenting any affiliation with a person or entity, past or present.
5.10 The STUDENT agrees not to share the email ID or password of their CMI LMS account with anyone. The CMI shall monitor upon login the STUDENT’s activity report as well as geographical location and activity.
5.11 The STUDENT agrees not to share live lecture invitations or invite any other individuals to join the live lectures.
- PRICE AND PAYMENT
6.1 The price of the PROGRAM shall be in accordance with the information provided on the CMI’s website at www.cmiusaweb.com
6.2 The PROGRAM fee includes Online Lectures, PROGRAM MATERIALS, ASSIGNMENTS, Marking, and the relevant certification (a further $60 fee applies to certification delivery via courier).
6.3 The PROGRAM fee excludes buying any suggested books, software licenses, reference books, or printing any PROGRAM material required by the STUDENT.
6.4 The full PROGRAM fee can be paid via bank transfer (BACS), online, or by check. Monthly direct debit payments can only be made by credit/direct debit cards via the CMI payment merchant ‘Stripe’.
6.4 The CMI provides payment plans for all live online PROGRAMS. The CMI has two payment options which include full payment, and automated monthly direct debit. Full payment is required for all face-to-face PROGRAMS.
6.5 Upon receiving the full or first monthly direct debit, the CMI shall confirm by email the acknowledgment of payment and enrollment.
6.6 Where a STUDENT has been approved by the CMI to pay by monthly direct debit, payment will be processed online via credit or debit card. The first payment and upfront fee must be made in full before the PROGRAM is made available to the STUDENT. After that, the STUDENT must make each of the following monthly payments by the due date. Should any of the subsequent payments not be made, the STUDENT has (4) four days before they are suspended from the PROGRAM and will not be able to access any PROGRAM Materials, live lectures, CMI LMS, results of ASSIGNMENTS, or contact to the lecturer/assessor. Should the STUDENT’s payment not be received within (4) four days from the due date, then the STUDENT will be in breach of contract and the full amount owing for the PROGRAM will become due for immediate payment.
6.7 If the STUDENT decides to discontinue their PROGRAM, they will not be entitled to a refund for any payments already made.
6.8 Once the STUDENT has confirmed their payment method, whether that is via full or monthly direct debit, they are unable to change the option once their first payment has been taken.
6.9 If a company is paying for a STUDENT and the STUDENT is terminated or leaves the company then the company is to advise the CMI to suspend the STUDENT.
6.10 When a STUDENT has been suspended, should they wish to resume the PROGRAM then they will need to pay a penalty of $120.00(One hundred and twenty dollars).
- ONLINE LECTURES
7.1 All online lectures will be scheduled by the CMI and delivered as per the schedule. The CMI shall reserve the right to schedule the online lectures on weekday evenings and/or weekends and the timings of all online lectures will be delivered in Eastern Standard Time (Time zone in New York, NY, USA).
7.2 The STUDENT has no right to request a change or to reschedule any of the scheduled lectures and the timings.
7.3 The CMI shall not schedule any lectures on US Public Holidays including the Christmas and Easter holidays break.
7.4 When a STUDENT misses any scheduled lecture, the CMI shall not reschedule.
7.5 The CMI reserves the right to cancel/postpone lectures due to any reason beyond their control.
- CONDITIONS FOR ENROLLMENT
8.1 The STUDENT must declare correct and true information on their enrollment including information regarding past qualifications/experience, CV, and details within the enrollment form.
8.2 The STUDENT must provide the necessary Certificates to confirm their qualifications, Proof of ID, and a recent color passport-sized photo.
8.3 If a payment is made via the CMI’s website, the CMI will ask for the STUDENT’s enrollment form to be completed prior to enrollment. If the STUDENT refuses to complete an enrollment form, then the CMI reserves the right to cancel their enrollment in accordance with Clause 9.
8.4 The STUDENT must participate in a live online ID verification check. They must have a valid photo ID issued by the government such as a passport or driving license. If the ID is not written in English, the STUDENT must provide an English translation from an authorized translator prior to the ID verification check taking place. A penalty fee of $40.00 (Forty dollars) will be assessed if the STUDENT does not attend their pre-booked ID Verification check.
8.5 Should the STUDENT not pass an ASSIGNMENT, the CMI shall not take any responsibility or liability for the STUDENT’s performance.
- Cancellation
9.1 The STUDENT has statutory rights under the Consumer Protection Law and Regulations 2021 which allow the STUDENT fourteen (14) days from the date after which the STUDENT’s first payment was made to request a cancellation of their application. The STUDENT must email the CMI at info@cmiusaweb.com to request cancellation from the email address provided to the CMI in their enrollment form. For the avoidance of doubt, any cancellation request received by telephone will not be accepted and the Cancellation request must be sent by email. After the (14) fourteen days have lapsed, the CMI shall not accept any PROGRAM cancellation under any circumstances and all fees paid are non-refundable.
9.2 Once the STUDENT has received their login details of the CMI LMS and/or access to the live online lectures, the STUDENT shall lose their (14) fourteen days right to cancel under Clause 9.1 and no right to cancel will exist.
9.3 If the STUDENT does not wish to lose their (14) fourteen days right to cancel then they will not be granted access to the CMI LMS and/or live lectures nor will they receive any emails relating to the PROGRAM until the (14) fourteen-day period has expired.
9.4 If the cancellation is accepted by the CMI, in accordance with clause 9.1, the STUDENT will be charged a ‘Withdrawal Administration’ fee of USD $70 (Seventy dollars). Outstanding fees must be paid in full within (7) seven days of the cancellation request being accepted.
9.5 STUDENTS will have the same cancellation rights for Face to Face Training programs until (14) fourteen days prior to the commencement date of the PROGRAM due to the CMI’s commitment to outside suppliers, such as hotel bookings. If the STUDENT enrolls within these (14) fourteen days, they will lose their (14) fourteen-day right to cancel. If the STUDENT enrolls less than (28) twenty-eight days prior to the commencement date of the Face to Face Training, the STUDENT’s period to cancel will be reduced in accordance with the number of days left before the (14) fourteen days period mentioned above commences. For example, if the STUDENT enrolls (20) twenty days prior to the commencement of the PROGRAM, the STUDENT will have a cancellation period of (6) six days.
- DELIVERY
10.1 The STUDENT must return the Enrollment Form via email within (5) five days from the date full payment is received or from the date of which the first monthly direct debit payment has been taken. The CMI will be unable to process the STUDENT’s application until the Enrollment Form has been received.
10.2 The CMI shall confirm the acceptance or rejection of the STUDENT’s application to the PROGRAM within (14) fourteen days from the date the STUDENT’s Enrollment Form has been received. The confirmation email shall be sent by the CMI. Should the CMI require further necessary documentation from the STUDENT before making their decision on the application, the CMI will contact the STUDENT within (3) three working days of receiving the Enrollment Form.
10.3 The live Lecture Schedule will normally be issued to the STUDENT no less than (5) five days in advance of the module commencement.
10.4 The lectures shall be delivered in English.
10.5 The STUDENT shall log in to the CMI LMS in order to access the PROGRAM material.
10.6 All PROGRAM MATERIALS shall be uploaded to the STUDENT’s account in the CMI LMS and it is the STUDENT’s responsibility to make all necessary arrangements to access the PROGRAM MATERIAL.
10.7 The video recordings of the live lectures cannot be downloaded due to copyright reasons; however, they can be viewed online via the CMI LMS. The other PROGRAM materials will be downloadable.
10.8 The CMI shall notify the STUDENT immediately or as soon as possible if there are any changes to the lecture schedule due to any unforeseen circumstances. The CMI shall reserve the right to appoint an alternative lecturer to take over the lecture/ PROGRAM if the Lecturer’s absence continues and to reschedule any lecture if it has been postponed.
10.9 Attendance of live Online Lectures is not mandatory for the STUDENT. However, the STUDENT is required to pass the online ASSIGNMENTS. The CMI shall not take any responsibility for the STUDENT’s performance in any ASSIGNMENTS.
- Lecturer, Tutor & PROGRAM Manager
11.1 The CMI shall appoint a Lecturer for subjects prior to the commencement of each COURSE.
11.2 The CMI shall appoint a PROGRAM Manager to assist the STUDENT with PROGRAM support inquiries, technical difficulties, and submission deadlines.
11.3 The CMI shall keep in contact with the STUDENT via email or other online communication (or by phone if agreed). The STUDENT shall keep in touch with the CMI via the same means.
11.4 If the STUDENT does not reply to communication received from the CMI for a period of (2) two weeks, the PROGRAM Manager will send a notice via email to inform the STUDENT that if no response is received within the next (4) four weeks the CMI shall consider that the STUDENT no longer wishes to complete the PROGRAM. The STUDENT then may be suspended from the PROGRAM.
11.5 If the STUDENT is suspended from the PROGRAM, then the STUDENT can resume their PROGRAM at any time, on the condition that it is completed within (3) three years (in accordance with clause 4.12) from the date of the enrollment to the PROGRAM and the penalty fee of $120.00 (One hundred and twenty dollars) has been paid. If the STUDENT fails to resume within this time period, they will be required to pay the entire PROGRAM fee again in order to continue or retake. For the avoidance of doubt, the STUDENT may only be suspended from their PROGRAM once and the CMI reserves the right to terminate the STUDENT from the PROGRAM should a second suspension be necessary.
11.6 If the termination is undertaken by the CMI in accordance with clause 11.5, the STUDENT shall not be entitled to obtain any payment or refund from the CMI or make any claim against the CMI.
- Internet Connection and Charges
12.1 If the STUDENT has no computer and/or landline/Wifi Internet facilities, the STUDENT should inform the CMI before registration to the PROGRAM, as most PROGRAMS are delivered via Live Online.
12.2 The STUDENT will require a high-quality landline or Wifi Internet connection to access the PROGRAM. Access to the CMI LMS via Mobile Phone will not be acceptable.
12.3 The STUDENT must check that their computer or other device, particularly if it belongs to their Employer, is not encrypted.
12.3 All charges related to Internet connections, applications, moving home, relocation, power, computer, and all software and services shall be the responsibility of the STUDENT.
- ASSIGNMENTS
13.1 STUDENTs must submit their ASSIGNMENT in accordance with the CMI’s deadlines.
13.2 STUDENTs can apply for extensions on their ASSIGNMENT submission deadlines, but any extension request must be made before the deadline to the PROGRAM Manager via email only. STUDENTS will be required to provide their reason(s) for the extension, and they may be required to provide evidence in support. If the STUDENT submits their ASSIGNMENT after the deadline, without being granted an extension, the STUDENT will only be able to achieve a ‘pass’ grade regardless of their marks.
13.3 When a STUDENT is granted an extension, this does not affect future ASSIGNMENT deadlines.
13.4 Extensions must be given officially by the PROGRAM Manager.
13.5 ASSIGNMENTs should be completed in the template issued by the PROGRAM Manager. If the STUDENT refuses to use this then the ASSIGNMENTs need to include the STUDENT’s full name and PROGRAM/COURSE title.
13.6 STUDENTs will receive provisional results which can be amended by the CMI due to human errors or changes in accordance with any appeal policies.
13.7 ASSIGNMENT marking will be finalized when the CMI issues the STUDENT’s academic transcript.
13.8 The CMI reserves the right to invalidate the assignment work of any STUDENT if the CMI finds any form of plagiarism in accordance with the malpractice policy of the CMI.
- CONTACTS OR NOTICE
14.1 The CMI shall maintain all contact via the STUDENT’s email address which is provided within the PROGRAM Enrollment Form.
14.2 The STUDENTS must provide a primary email address, telephone numbers including mobile numbers, and their full postal address in their enrollment form.
14.3 If the CMI server rejects any email address provided by the STUDENT due to the provider of the email address, the CMI will require a secondary email address.
14.4 STUDENT must inform the CMI within (3) three days if there are any changes to the contact details stated in Clause 14.2.
14.5 It is the STUDENT’s responsibility to inform the CMI of any changes in their contact details. The CMI shall accept no responsibility if they are unable to contact the STUDENT if the STUDENT has failed to provide their updated contact details.
14.6 The CMI can only communicate with a STUDENT directly enrolled with the CMI and the CMI cannot communicate with any third party unless a third-party sponsorship form has been completed.
14.7 STUDENTS must communicate with the CMI via the primary email address stated in the STUDENTS enrollment form only and vice versa.
- DATA PROTECTION
15.1 The CMI fully complies with the Data Protection Law and Regulations 2021
15.2 This privacy statement applies to any personal data that the STUDENT supplies to the CMI.
15.3 The CMI shall not issue any personal data of any STUDENT to any third party for marketing purposes or any other purpose unless the STUDENT has given their written consent.
15.4 The CMI will store all personal data that the STUDENT supplies to the CMI when the STUDENT begins their PROGRAM.
15.5 The personal information which the CMI holds are held securely and in accordance with the Data Protection Law and Regulations 2021.
- Transferring the PROGRAM
16.1 The CMI shall not allow a PROGRAM to be transferred from a STUDENT to a third party.
- Termination
17.1 Notwithstanding any other provisions contained herein, and without prejudice
to any other rights such party serving notice may have, the CMI may forthwith terminate access to the PROGRAM by written notice to the STUDENT, if the STUDENT commits any breach of these TERMS and fails to remedy such breach within (14) fourteen days of written notification by the CMI.
- Changes to TERMS and WEBSITE
18.1 The CMI shall be entitled to alter these TERMS at any time, but this right shall not affect the existing TERMS accepted by the STUDENT at the time of their enrollment to the PROGRAM. Any updates or amendments will be posted on the CMI website. In addition, the CMI reserves the right to modify, suspend or discontinue all of the Online Content and PROGRAMS with or without notice to the STUDENT. The CMI will not be liable to the STUDENT or any third party for any such modifications, suspension, or termination.
- OWNERSHIP AND USE OF CMI INTELLECTUAL PROPERTY
19.1 Ownership and Use. CMI Intellectual Property is owned by CMI or licensed to us by our third-party partners. You have no rights in or to such CMI Intellectual Property and you agree you will not copy, retransmit, reproduce, publish, create derivative works based upon, or otherwise transmit any CMI Intellectual Property, except as specifically permitted under this Agreement.
19.2 CMI Content. As a courtesy to our customers and members, we have posted to the Site certain CMI Content. Unless otherwise specifically set forth on the Site or we give you written permission, you may only access and download the CMI Content for your personal use, and you agree you will not alter, erase, or otherwise obscure our copyright, proprietary or other notices on the CMI Content. You may not do or allow anyone else to do anything with the CMI Content which is not specifically permitted under this Agreement. You acknowledge and agree that the CMI Content is made available for informational and educational purposes only without representation or warranty of any kind and is not a substitute for legal advice or your professional judgment. Your reliance upon CMI Content obtained by you on or through the Services is solely at your own risk. All rights not expressly granted in this Agreement are reserved to CMI.
19.3 Permission to Use CMI Content. You may request permission to reproduce all or a portion of CMI Content owned by CMI. We reserve the sole discretion to determine whether, and upon what terms, CMI Content will be licensed. Depending on the nature and scope of intended use licensing fees may apply.
19.4 Trademarks: The CMI Trademarks (“Marks”) appearing on this site may not be used in any advertising or publicity, or otherwise to indicate CMI’s sponsorship of or affiliation with any product or service, without CMI’s prior express written permission. You are prohibited from using CMI Marks or any names, marks, or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of CMI. You agree you will not alter any CMI Mark in any manner to make it appear that CMI is endorsing, sponsoring, authorizing, or affiliated with you, your company, or any third party, except as expressly permitted in writing by CMI.
19.5 Please read these TERMS carefully which can be found at: https://www.cmiusaweb.com/purchasing-terms-and-conditions/ By accessing the CMI LMS www.cmiusalms.com (by whatever means or device) and using the Online Content and PROGRAM, the STUDENT agrees that he/she has read, understood and agreed to these TERMS and the Privacy Policy. If the STUDENT does not agree to these TERMS, he/she must stop applying for the PROGRAM immediately.
- LINKS
20.1 Links to Third-Party Sites. As a courtesy to Users, we may provide links to other websites or resources owned and operated by third parties. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services, or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services made available on or through any such site or resource.
- MESSAGE BOARDS, CHAT BOARDS, BLOGS, VIRTUAL COMMUNITIES, and OTHER “INTERACTIVE SERVICES”
21.1 In connection with your use of the Services, you may have access to and use of discussion groups, chat rooms, message boards, blogs, virtual communities, wikis and other collaborative websites, and other interactive functionality (“Interactive Services”). If you participate in or use any Interactive Services, you are responsible for User Content you upload, post, link to, or otherwise transmit (collectively “transmit”) and the consequences thereof. If you choose to transmit any User Content using such Interactive Services, you agree that you own or have a license to post the User Content to the Site and do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the User Content you may transmit using these Interactive Services. Additionally, we do not represent, warrant, or guarantee the truthfulness, accuracy, quality, or reliability of any of the User Content posted, displayed, linked to, or otherwise transmitted via any Interactive Services. We also do not endorse any opinions expressed in or through any Interactive Services. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
Although we do not actively monitor, regulate or pre-screen your use of the Services, we reserve the unconditional right (but not the obligation) to remove, move or edit any User Content we consider in our sole discretion to be harmful, offensive, disruptive, in violation of law, regulation or any agreement, including, without limitation, which is or may be in violation of this Agreement. We have no liability or responsibility to you or any other person or entity for performance or non-performance of such monitoring activities.
Additionally, you agree to:
not post, email, upload, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
not impersonate any person or entity;
not post, email, upload, transmit, or otherwise make available any content that harms minors in any way;
not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
not post, email, upload, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
not post, email, upload, transmit, or otherwise make available any content that infringes the intellectual property rights of any party;
not post, email, upload, transmit, or otherwise make available any content comprising any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation;
not post, email, upload, transmit, or otherwise make available any content comprising any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
not disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
not intentionally or unintentionally violate any applicable local, state, national, or international law;
not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
not “stalk” or otherwise harass any person;
not collect or store personal data about other users; or,
not advertise or solicit anyone to buy or sell products or to make donations of any kind absent prior written approval from CMI, as set forth in more detail in Section 6 below.
not to make negative or disparaging references to CMI, its services, or its members or otherwise compare CMI, its services, or its members unfavorably to others.
- COPYRIGHT COMPLIANCE AND COMPLAINTS
22.1 CMI respects the intellectual property rights of others. CMI may, under appropriate circumstances and at its discretion, disable and/or terminate access to or use of the Service for those users who may be infringing the intellectual property rights of others. You agree to abide by the terms of the Digital Millennium Copyright Act (DMCA) and refrain from the following: (a) circumventing CMI’s access control measures to copyrighted works; (b) posting or otherwise offering circumvention technology through CMI’s website or web services; (c) posting links or references to an online location that contains circumvention technology; or (d) engaging in other activities in violation of the DMCA. CMI has the right to terminate the membership of any User found in violation of the DMCA or other provisions of the copyright laws.
22.2 In compliance with the DMCA’s notice-and-takedown provision, CMI’s policy for removing infringing content and terminating subscribers who are repeat offenders is as follows:
A copyright owner who believes his/her work has been used on the Site in any manner that constitutes copyright infringement must notify CMI’s designated agent by written notice. The notice must include the following information: (a) the owner’s name, address, telephone number, email address, and an electronic or physical signature; (b) a description and a copy of the work that is allegedly being infringed, or a website where the work may be found; (c) identification of the location of the infringing material on the Site; (d) a statement that the owner has a good faith belief that the use of the copyrighted material was not authorized by the owner or his/her authorized agent; and (e) a statement, under penalty of perjury, that the information in the notification is accurate and made by the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf. Upon receiving the proper notification, CMI will remove, or disable access to, the allegedly infringed material from the Site.
- Behaviour of the STUDENT
23.1 The CMI shall not accept any inappropriate behaviour directed at any member of staff or fellow students under any circumstances. This includes harsh words, bad language, sexual harassment, hate words, race/ethnic/religious discriminations and/or threats via any form.
23.2 The CMI reserves the right to remove a STUDENT from their PROGRAM immediately if their behaviour is deemed unacceptable in accordance with clause.
23.1 The STUDENT shall not reserve the right to obtain any payment or refund or make any claim against the CMI. Payment for any outstanding fees will be required in full.
- Force Majeure
24.1 The CMI shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, pandemic lockdowns, Covid affects, travel restrictions, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the CMI shall be entitled to a reasonable extension to undertake its obligations.
- COMPLIANCE WITH THE CAN-SPAM ACT
25.1 The User agrees to abide by the CAN-SPAM Act (15 U.S.C. §§7701-13) when utilizing the Site and contacting other users by email. The User may not use the Site, including, but not limited to the Interactive Services, to bombard individuals or groups with uninvited commercial email, sexually explicit commercial email, or engage in other activities in violation of the CAN-SPAM Act, such as, but not limited to (a) harvesting email addresses from the Site; (b) falsifying or using misleading header information; or (c) using deceptive subject lines. The User may not promote CMI’s products or services through uninvited commercial emails without the express written consent of CMI.
25.2 CMI will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages of any kind resulting from users’ failure to adhere to the CAN-SPAM Act or any other applicable laws. The User agrees to indemnify, defend, and hold harmless CMI, its affiliates, officers, directors, employees, consultants, and agents from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from the User’s activities in violation of the CAN-SPAM Act or any other applicable laws. The terms of this Agreement will insure to the benefit of CMI’s successors, assignees, and licensees. The User covenants to cooperate fully in the defense of any claim. However, CMI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, and User shall not, in any event, settle any matter without the written consent of CMI.
- REGISTERED USERS ACCOUNT, PASSWORD AND SECURITY
26.1 In consideration of your use of the Site, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the relevant portions of the Site (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or CMI has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, CMI has the right to suspend or terminate your access to the Site and refuse any and all current or future use of the Site, or any portion thereof.
26.2 You are solely responsible for maintaining the strict confidentiality of your User IDs and passwords and for any charges, damages, liabilities, or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your User IDs/passwords, your disclosure of your User IDs/passwords, or your authorization to allow another person to access and use the Services using your User IDs/passwords. You agree to immediately notify us if you become aware of any unauthorized use of your User IDs/passwords or other need to deactivate a User ID/password due to security concerns.
- DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CONTENT ON THE SITE (INCLUDING BUT NOT LIMITED TO ALL CMI INTELLECTUAL PROPERTY, TEXT, MATERIALS, SOFTWARE, FUNCTIONS, SERVICES, AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL CMI 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 POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE INTERACTIVE SERVICES. CMI DOES NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, OR ANY SITE LINKED TO THE SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY AND RELEASE
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CMI, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT CMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
- INDEMNITY
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs, or damages (including our reasonable attorneys’ fees, expert fees, and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
- RIGHT TO TERMINATE AND/OR TO BLOCK ACCESS
CMI reserves the right to terminate, block or restrict your access to or use of the Site for any breach or violation of any term(s) of this Agreement. In such event, we may terminate this Agreement, restrict, suspend, or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.
- GOVERNING LAW/JURISDICTION/DISPUTES
31.1 This Agreement shall be governed in accordance with the laws of Delaware. Additionally, you also agree that the UN Convention on Contracts for the International Sales of Goods and the Uniform Computer Information Transactions Act (UCITA) will not apply to this Agreement or any interpretation or disputes relating thereto.
31.2 All disputes under this Agreement shall be resolved by litigation in the federal or state courts of Delaware including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
- ASSIGNABILITY
This Agreement is personal to you, and you may not assign this Agreement or the rights and obligations hereunder to any third party without the prior express written approval of CMI.
- WAIVER
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
- SEVERABILITY
If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.
- SURVIVAL OF TERMS
Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights, and licensing provisions set forth in this Agreement.
- LIMITATION ON ACTIONS
You agree that regardless of any applicable law providing for a statute of limitations to the contrary, any claim or cause of action arising out of or related to the use of the Site or Services, or otherwise relating to this Agreement, must be filed within one (1) year after the claim or cause of action arose, or will be forever barred.
- ENTIRE AGREEMENT
This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties, and is intended as a final expression of their agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement, including any terms/conditions posted by Users via the Interactive Services.