James Santoni TERMS AND CONDITIONS

When you register online or by phone for the James Santoni 4-day PMP/CAPM training course, you agree to be bound by the following terms and conditions:

A. Course Fee:

Full payment of the course fee is due at the time of registration. Payment may be made by credit card and processed through our ecommerce portal. When the course fee is accepted, one position or seat will be held under the enrollee’s name.

The fee shall cover the cost of the course, registration, participation and all other course content.

The course fee does not cover any exam fees.

Any excess fees paid will be returned to the student.

B. Costs:

The costs cover instructor fees, course materials (hard copy or electronic transfer), conference room rentals, and where applicable, the medium of internet meeting capabilities such as “Go-to-Meeting”. Bottled water, coffee (when available), and snacks will be provided at public course events.

The cost of this course does not include the following:

PMI® membership fees

PMP® exam fees

Student travel, hotel charges, parking fees, meals, or any other fees in any way or from any other source.

C. Cancellation Policy:

All classes are guaranteed to run per our course schedule. We will not cancel a class due to insufficient enrollment.

Any class scheduled may be cancelled due to inclement weather, instructor illness, or other unforeseen circumstances.

If any scheduled class is cancelled by James Santoni, due to situations identified in #2, you may apply the amount paid for the original class to another class. Refunds are not allowed for cancelled classes.

If the student cancels a reservation for a class, a refund will be returned in accordance with the Rescheduling and Cancellation Policy paragraph below.

D. Rescheduling and Cancellation Policy:

We realize personal issues or emergencies arise. Therefore, we offer a consumer friendly, and best in industry policy.

To reschedule or cancel a reserved seat, a request for cancellation must be made by written or digital documentation only, 24 hours prior to class, to [email protected], and agreed upon by both James Santoni, and the student. For all registrants, this policy starts immediately after registration.

If the student cancels after registration, the following cancellation fees apply:

Cancellation from seven days prior to class start: $300.00 USD

OPTIONALLY, the student will be given the option to postpone the class to another available scheduled class subject to availability and James Santoni approval without additional charges or returns of any payment.

All refunds will be processed within fourteen (14) calendar days after the date of the scheduled class end date. No other refunds will be given except as provided in the Paragraph titled “Limitation of Liability"

E. Copyright and Proprietary Property:

James Santoni will provide course materials which are copyrighted proprietary property of James Santoni.

Materials will consist of a mix of James Santoni, originally created information, significant references to PMI®.org materials, and other information available from the internet.

All copyrights relating to course materials provided or made available by James Santoni, remain the sole property of the original holder of the copyright.

Therefore, no part in whole or in 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 in any form into any language without prior written consent from the original copyright holder. Any such reproduction, storage or transmittal of copyrighted material constitutes a violation of the PMI® code of ethics and will be reported to PMI®.org.

F. No Warranty:

Your experience, education, test-taking ability, and dedication will determine your probability of passing the PMP and CAPM exams.

No guarantee of success in passing the PMP exam is offered, implied or granted in any way. There are no warranties, express or implied, by operation of law or otherwise for the use or results of the course and materials, that the student will successfully complete the PMP/CAPM examination as recorded with a ‘PASS’ result of testing.

There are no other warranties, express or implied, by operation of law or otherwise for the use or results of the course and materials, that you will successfully complete the course, or that any level of knowledge will be attained by you. James Santoni, disclaims any implied warranties including the implied warranties of merchantability and fitness for a purpose.

G. Limitation of Liability:

If you fail the PMP/CAPM examination, you are covered as follows:

If you fail the exam on your first, second, or third attempt within 90 days of your registered class end date, your instructor will analyze your results, and provide coaching via phone support, email, or another electronic medium for a limited period of 90 days.

If you fail the exam on your first, second or third attempt, James Santoni, will not provide any re-exam fee in part or in whole.

If for any reason, you wish to re-take any day of the 4-day (PMP/CAPM) course, within 90 days of your registered class end date, you can attend any public class for free.

This “Limitation of Liability” applies regardless of the basis for any alleged claim, including but not limited to, breach of contract and tort.

H. Sole Remedy:

This agreement will be interpreted and the rights and liabilities of the parties determined in accordance with the laws of the State of New York.

Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation.

The parties will make a good faith effort to agree on a Mediator. If they are unable to agree, each party will designate a mediator, and those two individuals will be the joint Mediator. The Mediator will establish the mediation process which will include a joint meeting of the parties and the Mediator, and individual party meetings with the Mediator. If the dispute is resolved through mediation, the resolution will be reduced to a written document and will be signed by both parties. The resolution is final and binding on both parties, and the parties understand and agree that no appeal is available.

If mediation does not resolve the dispute, the issue will be transferred to binding arbitration. The parties will make a good faith effort to agree on an Arbitrator. If they are unable to agree, each party will designate an arbitrator, and those individuals will be designated as the Arbitrator. The Arbitration process will include a meeting with both parties and the Arbitrator where each party advises the Arbitrator of their position. The meeting will be scheduled for a date within thirty (30) days after the Arbitrator is designated. The parties may submit documents as evidence and may provide a memorandum to the Arbitrator which explains their position. The Arbitrator will issue a decision no later than thirty (30) days after the meeting is concluded. The parties understand and agree that the Arbitrator’s decision will be final and binding on both parties. The parties understand and agree that no appeal is available.

Payment of the fees, if any, of the Mediator and the Arbitrator will be shared equally by the parties.

Meetings of the parties during mediation and arbitration will be held in Binghamton, NY.