THE COUNCIL FOR SIX SIGMA CERTIFICATION ONLINE TERMS AND CONDITIONS:
EXAMINATION, ASSESSMENT, AND CERTIFICATION TERMS & CONDITIONS:
PLEASE READ THESE SIX SIGMA COUNCIL TERMS AND CONDITIONS (“THE COUNCIL FOR SIX SIGMA CERTIFICATION TERMS”) CAREFULLY. ANY ENROLLMENT IN THE COUNCIL FOR SIX SIGMA EXAMINATION, ASSESSMENT, AND CERTIFICATION SERVICES BY ENROLLEE OR ANY ACT BY ENROLLEE ACCEPTING THE BENEFITS OF THE COUNCIL FOR SIX SIGMA EXAMINATION, ASSESSMENT, AND CERTIFICATION SERVICES SHALL BE CONCLUSIVE EVIDENCE OF ENROLLEE’S ACCEPTANCE OF THESE THE COUNCIL FOR SIX SIGMA CERTIFICATION TERMS HEREIN CONTAINED. NOTHING CONTAINED IN THE COUNCIL FOR SIX SIGMA CERTIFICATION SERVICES AGREEMENT (HEREINAFTER DEFINED) OR OTHERWISE SHALL BE DEEMED TO CONSTITUTE A REPRESENTATION, GUARANTEE, OR PROMISE THAT A PARTICULAR RESULT WILL BE PRODUCED DUE TO THE COUNCIL FOR SIX SIGMA EXAMINATION, ASSESSMENT, AND CERTIFICATION SERVICES. ENROLLEE AGREES THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY ENROLLEE.
1. Council for Six Sigma Examination, Assessment, and Certification Services. These Council for Six Sigma Certification Terms apply to the enrollment in Six Sigma Council “(The Council for Six Sigma Certification”) Examination, Assessment, and Certification Services offered by The Council for Six Sigma Certification, 4 S. Market Bldg, 3rd Floor, Faneuil Hall, Boston, MA 02109, United States by Enrollee. The Council for Six Sigma Certification Service(s) is further described on The Council for Six Sigma Certification’s Website located at https://www.staging.sixsigmacouncil.org.
2. The Council for Six Sigma Certification Service Delivery. The Council for Six Sigma Certification will not be liable for any Enrollee loss resulting from delays in delivery, scheduling conflicts, or technical issues. The Council for Six Sigma Examination, Assessment, and Certification Services is for internal use only and may not be resold, redistributed, and/or used for commercial use by Enrollees.
3. Cancellation; Substitution; Expiration. The Council for Six Sigma Certification reserves the right to cancel or reschedule any examination and/or assessment at its discretion. Enrollee agrees to complete The Council for Six Sigma Certification examination and assessment requirements within 365 calendar days of purchase unless an alternative date has been provided by a representative of The Council for Six Sigma Certification in writing.
ALL Purchases are FINAL and NO REFUNDS or CHARGEBACKS are allowed. Any attempts to acquire a refund or chargeback constitute theft and fraud, and are grounds for legal prosecution.
4. Payment Plan (Subscription Payments).
4.1. Subscription Payments. Enrollee agrees to be liable to The Council for Six Sigma Certification for the Subscription Payments under this or any other agreement. Except as otherwise specified , (i) fees for our services are quoted and payable in United States dollars, (ii) fees are based per person (iii) payment obligations are non-cancelable and fees paid are non-refundable except as otherwise noted in this agreement.
4.2. Invoicing and Payment. Enrollee agrees to provide The Council for Six Sigma Certification with valid and updated credit card information either directly or indirectly using PayPal or Stripe. Enrollee authorizes The Council for Six Sigma Certification to charge such credit card for all Services for any service under this or any other agreement. Such charges shall be made in advance, either monthly or in accordance with any different billing frequency stated under this or any other agreement.
4.3. Suspension of Service and Acceleration. If any amount owing under this or any other agreement for Services is ten or more days overdue, The Council for Six Sigma Certification may, without limiting its other rights and remedies, accelerate any and all unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend the Services until such amounts are paid in full.
ALL Purchases are FINAL and NO REFUNDS or CHARGEBACKS are allowed. Any attempts to acquire a refund or chargeback constitute theft and fraud, and are grounds for legal prosecution.
5. Payments, Late charges, Deposits, and Credit Checks. If we do not receive payment in full by the agreed due date, you may be charged a late charge of the greater of 1.5% per month (18% annually) or $5/month, subject to the maximum allowed by law. We may use a collection agency and you agree to pay collection agency fees we incur to collect payment. If we accept late or partial payments, we do not waive our right to collect all amounts that you owe, including late charges. If your check, electronic funds transfer payment, including debit or Automated Clearing House payment, or other payment is dishonored or returned, we may charge you $35, or the maximum amount allowed under applicable law. We may also require you to use another payment method, and/or immediately suspend or cancel your Service. We will not honor limiting notations you make on or with your checks.
6. Restrictions on use. The Council for Six Sigma Certification Courseware contained within both the website staging.sixsigmacouncil.org and within the learning management system (hereinafter “Courseware”) consisting of documentation, books, materials, files and presentation slides are available for download and use for informational, personal and non–commercial use from The Council for Six Sigma Certification Web Site in accordance with The Council for Six Sigma Certification. Enrollee further acknowledges and agrees that all works of authorship, course materials, documentation, Courseware contained in the learning management system, developed, created or used by The Council for Six Sigma Certification or its personnel in connection with The Council for Six Sigma Examination, Assessment, and Certification Services are and shall remain the sole and exclusive property of The Council for Six Sigma Certification and/or its Licensor and are proprietary information of those parties. The Council for Six Sigma Certification reserves all rights not expressly granted to Enrollee. Enrollee may not use, copy, modify, or transfer The Council for Six Sigma Certification Courseware, or any copy thereof. Except as otherwise provided by law, Enrollee may not reverse engineer, disassemble, decompile, or translate The Council for Six Sigma Certification Courseware, or otherwise attempt to derive the source code or other software which may be related to The Council for Six Sigma Certification Courseware or The Council for Six Sigma Examination, Assessment, and Certification Services. Enrollee may not, assign, loan, sell, transfer or distribute The Council for Six Sigma Certification Courseware or any part thereof. No right, title, or interest in or to any trademarks, service marks, or trade names of The Council for Six Sigma Certification or The Council for Six Sigma Certification’s licensors is granted hereunder and any use thereof will inure solely to the benefit of The Council for Six Sigma Certification and/or The Council for Six Sigma Certification’s licensors. Enrollee agrees to take adequate steps to protect The Council for Six Sigma Certification Courseware from unauthorized disclosure or use. Enrollee shall be responsible for compliance with these The Council for Six Sigma Certification terms as well as administering the proper access to and use of The Council for Six Sigma Examination, Assessment, and Certification Services key codes, reservation key codes and/or similar internal controls that may be provided to Enrollee and for preventing unauthorized access or use.
7. Limited Warranty; Disclaimer. THE COUNCIL FOR SIX SIGMA CERTIFICATION EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES. THE COUNCIL FOR SIX SIGMA CERTIFICATION IS DELIVERING THE COUNCIL FOR SIX SIGMA EXAMINATION, ASSESSMENT, AND CERTIFICATION SERVICES AND COUNCIL FOR SIX SIGMA CERTIFICATION COURSEWARE ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND SPECIFICALLY DOES NOT PROVIDE WARRANTIES WITH RESPECT TO THE USE BY ENROLLEE OF ANY THE COUNCIL FOR SIX SIGMA CERTIFICATION SERVICES, OR THE COUNCIL FOR SIX SIGMA CERTIFICATION COURSEWARE. THE COUNCIL FOR SIX SIGMA CERTIFICATION DOES NOT WARRANT THAT THE COUNCIL FOR SIX SIGMA EXAMINATION, ASSESSMENT, AND CERTIFICATION SERVICES AND THE COUNCIL FOR SIX SIGMA CERTIFICATION MATERIALS PROVIDED BY COUNCIL FOR SIX SIGMA CERTIFICATION TO ENROLLEE HEREUNDER WILL MEET THE REQUIREMENTS OF ENROLLEE AND COUNCIL FOR SIX SIGMA CERTIFICATION ASSUMES NO RESPONSIBILITY FOR THE QUALITY, UTILITY, ACCURACY OR SECURITY OF THE COUNCIL FOR SIX SIGMA EXAMINATION, ASSESSMENT, AND CERTIFICATION SERVICES, OR THE COUNCIL FOR SIX SIGMA CERTIFICATION COURSEWARE OR USEFULNESS OF THE SAME FOR ANY PURPOSE. THE COUNCIL FOR SIX SIGMA CERTIFICATION DOES NOT GUARANTEE NETWORK SECURITY. THE COUNCIL FOR SIX SIGMA CERTIFICATION ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE SECURITY OF ENROLLEE’S ELECTRONIC ENVIRONMENT. THE OBLIGATIONS AND LIABILITIES OF THE COUNCIL FOR SIX SIGMA CERTIFICATION AND ITS LICENSOR AS SET FORTH HEREIN ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER OBLIGATIONS, LIABILITIES AND REMEDIES, EXPRESS OR IMPLIED, INCLUDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY (COLLECTIVELY, “CLAIMS”) IN TORT, CONTRACT, STATUTE, OR OTHERWISE WHETHER OR NOT ARISING FROM NEGLIGENCE OF THE COUNCIL FOR SIX SIGMA CERTIFICATION OR ITS AFFILIATES, ACTUAL OR IMPUTED. THE COUNCIL FOR SIX SIGMA CERTIFICATION SHALL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY VENDORS, DEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO ENROLLEE BY THE COUNCIL FOR SIX SIGMA CERTIFICATION DURING PERFORMANCE OF THE COUNCIL FOR SIX SIGMA CERTIFICATION SERVICES, OR OTHERWISE.
8. Indemnification. Enrollee agrees to indemnify, defend and hold The Council for Six Sigma Certification harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys fees and costs) arising out of any claim based on the delivery of any The Council for Six Sigma Examination, Assessment, and Certification Services or Enrollee’s use of data generated from such The Council for Six Sigma Examination, Assessment, and Certification Services.
9. Limitation of Liability. Except for breach by Enrollee of its obligations under Sections 6 and 8, and to the extent not prohibited by applicable law: (i) each party’s aggregate liability to the other hereunder will be limited to the greater of (a) the amount paid by Enrollee for The Council for Six Sigma Certification Class or (b) Five Dollars (US$ 5.00) which is the subject matter of the claims; and (ii) neither party will be liable hereunder for any indirect, punitive, special, incidental or consequential damages even if that party has been previously advised of the possibility of such damage and even if any exclusive remedy provided for in these Terms fails of its essential purpose. BOTH PARTIES AGREE THE LIMITATIONS SET FORTH IN THIS SECTION REFLECTS THE ALLOCATION OF RISK UNDERSTOOD AND AGREED UPON BY THE PARTIES.
10. Relationship. The relationship of The Council for Six Sigma Certification and Enrollee established by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day to day activities of the other; (ii) deem the parties to be acting as agents, partners, joint ventures, co owners or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever. Enrollee also agrees that payment for the course was authorized and provided directly through their employer or other third party organization.
11. Force Majeure; Excused Performance. The Council for Six Sigma Certification shall not be liable in any way for any delays in, or any failure of, services performed hereunder due to any wrongful or negligent act or omission of Enrollee or its employees and agents; and/or Enrollee’s failure to follow The Council for Six Sigma Certification Service requirements. Neither party shall be liable or deemed in default for any delay in performance under this Services Agreement resulting directly or indirectly from acts of God, war, insurrection, national emergency, fires, storms, labor disputes, acts of vandals or hackers, acts of civil or military authority or any other cause beyond the reasonable control of such party.
12. Miscellaneous. These The Council for Six Sigma Certification Terms including any attachments hereto and made a part hereof, constitutes the entire agreement between The Council for Six Sigma Certification and Enrollee with respect to the furnishing of The Council for Six Sigma Examination, Assessment, and Certification Services and the use of The Council for Six Sigma Certification Courseware and supersedes any prior negotiations, understandings or agreements with respect to the specific subject matter hereof. No other terms and conditions shall be included or implied unless agreed in writing by an authorized representative of the parties. The rights of The Council for Six Sigma Certification and obligations of Enrollee under The Council for Six Sigma Certification Terms shall inure to the benefit of The Council for Six Sigma Certification’s assignees and licensors. These The Council for Six Sigma Certification Terms are not assignable or transferable in whole or in part by Enrollee without the prior written consent of The Council for Six Sigma Certification, which consent shall not be unreasonably withheld. The provisions of these The Council for Six Sigma Certification Terms are severable and if any one or more of the provisions hereof are judicially determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions of these The Council for Six Sigma Certification Terms shall be binding. A waiver of any section of these The Council for Six Sigma Certification Terms does not constitute a waiver of the whole The Council for Six Sigma Certification Terms. All notices given pursuant to these The Council for Six Sigma Certification Terms shall be in writing sent by certified or registered mail (return receipt requested), overnight express services or by facsimile. All such notices shall be directed to Enrollee or The Council for Six Sigma Certification at the address set forth herein unless either party notifies the other in writing of a new address. The parties agree that these The Council for Six Sigma Certification Terms is an agreement between Enrollee and The Council for Six Sigma Certification, and creates no obligations to Enrollee on the part of The Council for Six Sigma Certification’s Licensor, affiliates, subcontractors, or suppliers. Enrollee expressly relinquishes any rights as a third party beneficiary to any agreements between The Council for Six Sigma Certification and such parties, and waives any and all rights or claims against any such third party. Each party is duly authorized and empowered to enter into and perform these The Council for Six Sigma Certification Terms. The parties knowingly and expressly consent to the foregoing terms and conditions.
The Council for Six Sigma Certification maintains the right to modify all Terms and Conditions herein as it deems necessary from time to time without notice; it is the responsibility of the Enrollee to review all Terms and Conditions on a regular basis.
GENERAL WEBSITE TERMS & CONDITIONS:
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Definitions
a. When the Council for Six Sigma Certification uses terms on the Site such as “Industry”, “The Industry”, “Industry Standard”, “Trusted Industry Solution”, “Trusted Agency for the Industry”, “Official Industry Standard”, and other generalized terms, the terms are meant as a generalization of Council for Six Sigma Certification’s characterization of what it believes to be the industry standard and/or what it believes the most widely held view of what the industry standards are.
b. When the Council for Six Sigma Certification uses terms on the Site such as “Government Recognized” and/or other generalized terms, the terms are meant to reflect the fact that one or more employees or contractors communicating via a government owned email address, has requested information in regards to the Council for Six Sigma Certification’s services for one or more of their respective government’s internal training program(s). In no way should the use of these terms be interpreted as any type of official government endorsement. The Council for Six Sigma Certification is not affiliated with any local, state, or federal governmental agency.
3. Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on Council for Six Sigma Certification’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on Council for Six Sigma Certification’s web site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other
server. b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Council for Six Sigma Certification at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. Disclaimer.
The materials on Council for Six Sigma Certification’s web site are provided “as is”. Council for Six Sigma Certification makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringmenet of intellectual property or other violation of rights. Further, Council for Six Sigma Certification does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
5. Limitations. In no event shall Council for Six Sigma Certification or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Council for Six Sigma Certification’s Internet site, even if Council for Six Sigma Certification or a Council for Six Sigma Certification authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Revisions and Errata
The materials appearing on Council for Six Sigma Certification’s web site could include technical, typographical, or photographic errors. Council for Six Sigma Certification does not warrant that any of the materials on its web site are accurate, complete, or current. Council for Six Sigma Certification may make changes to the materials contained on its web site at any time without notice. Council for Six Sigma Certification does not, however, make any commitment to update the materials.
7. Links
Council for Six Sigma Certification has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Council for Six Sigma Certification of the site. Use of any such linked web site is at the user’s own risk.
8. Site Terms of Use Modifications
Council for Six Sigma Certification may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
9. Governing Law
Any claim relating to Council for Six Sigma Certification’s web site shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.
Council for Six Sigma Certification Privacy Policy Statement:
This Privacy Policy Statement governs the use of your personal information for Council for Six Sigma Certification (“Six Sigma”). Six Sigma is committed to maintaining your privacy and providing you with options regarding the use of your personal information. If you ever have a question about our privacy policy or the personal information we may have on file and how we use it, please contact us.
Information collected from visitors using the public areas of our Web site
The below companies may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links:
• https://rakutenadvertising.com/legal-notices/services-privacy-policy/
• https://rakutenadvertising.com/legal-notices/subject-requests/
To manage your preferences or to opt-out of third-party advertising, visit: DAA, Digital Advertising Alliance https://www.aboutads.info/consumers/ or NAI, Network Advertising Initiative https://thenai.org/about-online-advertising/.
Six Sigma does not collect any personal information from visitors browsing our Web site unless they voluntarily submit it through one of our forms requesting information or enrolling in a program. Only aggregate data-such as the number of hits per page-are collected. We can see the IP address and in some cases your provider’s host name, but none of this data provides any personal information that tells us your identity.
Information collected from members who have registered for access to our members-only content
To gain access to the members-only areas of the Six Sigma Web site, members are asked to register and provide some personal information. For members who have accepted a “cookie” or who have logged in to our site with their username and password for a single session, we are able to see the time and date you visited, the IP address, type of browser (e.g., Internet Explorer), and what pages you viewed on our site. This information is not disclosed outside of Six Sigma and is utilized only to improve our Web sites, determine what new content might be popular or valuable to our members, and to improve your browsing experience in the future.
Credit card account information
Six Sigma does not disclose credit card account information that you may voluntarily provide to us during transactions by phone or through our secure Web sites to anyone other than the credit card company that validates the charge for processing purposes. We also encourage our members not to use e-mail to communicate credit card information for their own personal security and privacy.
The way we use information
We use information you voluntarily provide for the purpose you intended, such as to complete your course registration, or any other transaction that you requested through one of the forms on our Web sites. We may use members’ names, postal addresses, phone numbers and e-mail addresses to communicate product and service offers or important informational updates that may be of interest to you. Six Sigma does not sell, rent or disclose in any fashion our members’ personal information, addresses, e-mail addresses, or phone numbers. Six Sigma maintains electronic records reflecting contact information for each student, and records pertaining to their course registration and completion. Such records are for internal reference only and are not shared with any third party.
Visits made to other Web sites from links
Although our site includes links and advertising to other Internet sites, Six Sigma takes no responsibility for the content or information contained on those sites. Six Sigma provides these links and advertisements as a benefit and service of to our members, but we have no control over those sites. Other sites that you visit may have their own distinct privacy policies or no policy at all. They may use personal information that you may provide them differently than our policy permits. Six Sigma strongly encourages you to review the privacy policies of any site before providing any personal information to them. This policy is effective August 1, 2009. If our privacy practices change at any time in the future, we will post the policy changes to this page to notify you of these changes and provide you with the ability to opt out of these new uses of collected personal data.
Managing Your Data
Six Sigma retains data you provide us for as long as your account with us is in existence. You may ask us to stop keeping and using the personally identifiable data we have about you. You may request rectification of your personal data or a copy of your personal data. You may object to our processing of your personal data. If you ask us to delete your account, Six Sigma will do so; provided, however, we may retain your account data if necessary to comply with legal obligations, resolve disputes or enforce Six Sigma’s agreements.
To initiate any of those steps, contact us at the following link: info@staging.sixsigmacouncil.org
