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.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 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.
Privacy Policy:
This Privacy Policy governs the manner in which The Council for Six Sigma Certification collects, uses, maintains and discloses information collected from users (each, a “User”) of the http://www.sixsigmacouncil.org website (“Site”).
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, respond to a survey, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How we use collected information
The Council for Six Sigma Certification may collect and use Users personal information for the following purposes:
- To run and operate our Site
We may need your information display content on the Site correctly. - To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently. - To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site. - To improve our Site
We may use feedback you provide to improve our products and services. - To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them. - To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We may share or sell information with third parties for marketing or other purposes.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Electronic newsletters
If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Advertising
Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.
Google Adsense
Some of the ads may be served by Google. Google’s use of the DART cookie enables it to serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses “non personally identifiable information” and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/privacy_ads.html
Compliance with children’s online privacy protection act
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
Changes to this privacy policy
The Council for Six Sigma Certification has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Contacting us
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us.
This document was last updated on March 20, 2018.