Six Sigma Training - Six Sigma Online

SIX SIGMA ONLINE TERMS AND CONDITIONS

PLEASE READ THESE SIX SIGMA ONLINE TRAINING TERMS AND CONDITIONS (“AVETA SOLUTIONS TERMS”) CAREFULLY. ANY ENROLLMENT IN AVETA SOLUTIONS CLASS(ES) BY ENROLLEE OR ANY ACT BY ENROLLEE ACCEPTING THE BENEFITS OF AVETA SOLUTIONS CLASS(ES) SHALL BE CONCLUSIVE EVIDENCE OF ENROLLEE’S ACCEPTANCE OF THESE AVETA SOLUTIONS TERMS INCLUDING WITHOUT LIMITATION THE COURSEWARE LICENSE HEREIN CONTAINED. NOTHING CONTAINED IN THE AVETA SOLUTIONS 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 AVETA SOLUTIONS CLASS(ES). ENROLLEE AGREES THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY ENROLLEE.

1. Six Sigma Online Training Services. These Aveta Solutions Terms apply to the enrollment in Six Sigma Online Training (“Aveta Solutions”) classes offered by Aveta Solutions, PO BOX 609161, Cleveland, OH 44109-9998, United States by Enrollee. The Aveta Solutions Class(es) are further described on the Aveta Solutions Website located at http://www.sixsigmaonline.org .

2. Aveta Solutions Service Delivery. Aveta Solutions, LLC. will not be liable for any Enrollee loss resulting from delays in delivery, scheduling conflicts, or technical issues. Aveta Solutions Class(es) are for internal use only and may not be resold, redistributed, and/or used for commercial use by Enrollees.

3. Cancellation; Substitution; Expiration. Aveta Solutions, LLC. reserves the right to cancel or reschedule any class at its discretion.

4. Ownership and Proprietary Rights; Courseware; Software License; Codes. The Aveta Solutions Courseware consisting of documentation, materials, files and presentation slides are available for download and use for informational, personal and non–commercial use from the Aveta Solutions, LLC. Web Site in accordance with the Aveta Solutions, LLC. Enrollee further acknowledges and agrees that all copyrights, patents, trade secrets, concepts, techniques or other intellectual property rights associated with any ideas, concepts, creations, designs, engineering details, techniques, inventions, processes, works of authorship, course materials, documentation, Aveta Solutions Courseware, developed, created or used by Aveta Solutions, LLC. or its personnel in connection with the Aveta Solutions Class(es) are and shall remain the sole and exclusive property of Aveta Solutions, LLC. and/or its Licensor and are proprietary information of those parties. Aveta Solutions, LLC. reserves all rights not expressly granted to Enrollee. Enrollee may not use, copy, modify, or transfer the Aveta Solutions Courseware, or any copy thereof. Except as otherwise provided by law, Enrollee may not reverse engineer, disassemble, decompile, or translate the Aveta Solutions Courseware, or otherwise attempt to derive the source code or other software which may be related to the Aveta Solutions Courseware or Aveta Solutions Class(es). Enrollee may not rent, lease, sublicense, assign, loan, sell, or distribute the Aveta Solutions Courseware or any part thereof. No right, title, or interest in or to any trademarks, service marks, or trade names of Aveta Solutions, LLC. or Aveta Solutions, LLC.’s licensors is granted hereunder and any use thereof will inure solely to the benefit of Aveta Solutions, LLC. and/or Aveta Solutions, LLC.’s licensors. The Aveta Solutions Courseware is protected by United States and international copyright law and international treaty. Unauthorized reproduction or distribution is subject to civil and criminal penalties. Enrollee agrees to take adequate steps to protect the Aveta Solutions Courseware from unauthorized disclosure or use. All software, including without limitation Aveta Solutions, LLC. software, required by Enrollee in connection with the delivery and/or receipt of the Aveta Solutions Class(es) are licensed pursuant to the terms and conditions set forth in the software license agreement accompanying such software and such terms and conditions are in addition to these Aveta Solutions Terms. Enrollee shall be responsible for compliance with these Aveta Solutions Terms as well as compliance with terms of any software license agreement (any breach by any of them shall be treated as a breach by Enrollee), and (ii) administering the proper access to and use of Aveta Solutions Class(es) codes, reservation codes and/or similar controls (as well as any volume licensing media) that may be provided to Enrollee and for preventing unauthorized access or use. Enrollee agrees to comply strictly with all applicable export control laws and regulations.

5. Limited Warranty; Disclaimer. AVETA SOLUTIONS, LLC. EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES. AVETA SOLUTIONS, LLC. IS DELIVERING THE AVETA SOLUTIONS CLASS(ES) AND AVETA SOLUTIONS 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 AVETA SOLUTIONS SERVICES, OR AVETA SOLUTIONS COURSEWARE. AVETA SOLUTIONS, LLC. DOES NOT WARRANT THAT THE AVETA SOLUTIONS CLASS(ES) AND ANY SOFTWARE OR AVETA SOLUTIONS MATERIALS PROVIDED BY AVETA SOLUTIONS, LLC. TO ENROLLEE HEREUNDER WILL MEET THE REQUIREMENTS OF ENROLLEE AND AVETA SOLUTIONS, LLC. ASSUMES NO RESPONSIBILITY FOR THE QUALITY, UTILITY, ACCURACY OR SECURITY OF THE AVETA SOLUTIONS CLASS(ES), OR AVETA SOLUTIONS COURSEWARE OR USEFULNESS OF THE SAME FOR ANY PURPOSE. AVETA SOLUTIONS, LLC. DOES NOT GUARANTEE NETWORK SECURITY. AVETA SOLUTIONS, LLC. ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE SECURITY OF ENROLLEE’S ELECTRONIC ENVIRONMENT. THE OBLIGATIONS AND LIABILITIES OF AVETA SOLUTIONS, LLC. 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 AVETA SOLUTIONS, LLC. OR ITS AFFILIATES, ACTUAL OR IMPUTED. AVETA SOLUTIONS, LLC. SHALL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY VENDORS, DEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO ENROLLEE BY AVETA SOLUTIONS, LLC. DURING PERFORMANCE OF AVETA SOLUTIONS SERVICES, OR OTHERWISE.

6. Indemnification. Enrollee agrees to indemnify, defend and hold Aveta Solutions, LLC. 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 Aveta Solutions Class(es) or Enrollee’s use of data generated from such Aveta Solutions Class(es).

7. Limitation of Liability. Except for breach by Enrollee of its obligations under Sections 4 and 6, 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 Aveta Solutions 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.

8. Relationship. The relationship of Aveta Solutions, LLC. 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.

9. Force Majeure; Excused Performance. Aveta Solutions, LLC. 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 Aveta Solutions 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.

11. Miscellaneous. These Aveta Solutions Terms including any attachments hereto and made a part hereof, constitutes the entire agreement between Aveta Solutions, LLC. and Enrollee with respect to the furnishing of Aveta Solutions Class(es) and license for the use of the Aveta Solutions 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 Aveta Solutions, LLC. and obligations of Enrollee under the Aveta Solutions Terms shall inure to the benefit of Aveta Solutions, LLC.’s assignees, licensors, and licensees. These Aveta Solutions Terms are not assignable or transferable in whole or in part by Enrollee without the prior written consent of Aveta Solutions, LLC., which consent shall not be unreasonably withheld. The provisions of these Aveta Solutions 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 Aveta Solutions Terms shall be binding. A waiver of any section of these Aveta Solutions Terms does not constitute a waiver of the whole Aveta Solutions Terms. All notices given pursuant to these Aveta Solutions 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 Aveta Solutions, LLC. at the address set forth herein unless either party notifies the other in writing of a new address. The parties agree that these Aveta Solutions Terms is an agreement between Enrollee and Aveta Solutions, LLC., and creates no obligations to Enrollee on the part of Aveta Solutions, LLC.’s Licensor, affiliates, subcontractors, or suppliers. Enrollee expressly relinquishes any rights as a third party beneficiary to any agreements between Aveta Solutions, LLC. 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 Aveta Solutions Terms. The parties knowingly and expressly consent to the foregoing terms and conditions.







		SIX SIGMA ONLINE TERMS AND CONDITIONS PLEASE READ THESE SIX SIGMA ONLINE TRAINING TERMS AND CONDITIONS (“AVETA SOLUTIONS TERMS”) CAREFULLY. ANY ENROLLMENT IN AVETA SOLUTIONS CLASS(ES) BY ENROLLEE OR ANY ACT BY ENROLLEE ACCEPTING THE BENEFITS OF AVETA SOLUTIONS CLASS(ES) SHALL BE CONCLUSIVE EVIDENCE OF ENROLLEE’S ACCEPTANCE OF THESE AVETA SOLUTIONS TERMS INCLUDING WITHOUT LIMITATION THE COURSEWARE LICENSE HEREIN CONTAINED. NOTHING CONTAINED IN THE AVETA SOLUTIONS 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 AVETA SOLUTIONS CLASS(ES). ENROLLEE AGREES THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY ENROLLEE. 1. Six Sigma Online Training Services. These Aveta Solutions Terms apply to the enrollment in Six Sigma Online Training (“Aveta Solutions”) classes offered by Aveta Solutions, PO BOX 609161, Cleveland, OH 44109-9998, United States by Enrollee. The Aveta Solutions Class(es) are further described on the Aveta Solutions Website located at http://www.sixsigmaonline.org . 2. Aveta Solutions Service Delivery. Aveta Solutions, LLC. will not be liable for any Enrollee loss resulting from delays in delivery, scheduling conflicts, or technical issues. Aveta Solutions Class(es) are for internal use only and may not be resold, redistributed, and/or used for commercial use by Enrollees. 3. Cancellation; Substitution; Expiration. Aveta Solutions, LLC. reserves the right to cancel or reschedule any class at its discretion. 4. Ownership and Proprietary Rights; Courseware; Software License; Codes. The Aveta Solutions Courseware consisting of documentation, materials, files and presentation slides are available for download and use for informational, personal and non–commercial use from the Aveta Solutions, LLC. Web Site in accordance with the Aveta Solutions, LLC. Enrollee further acknowledges and agrees that all copyrights, patents, trade secrets, concepts, techniques or other intellectual property rights associated with any ideas, concepts, creations, designs, engineering details, techniques, inventions, processes, works of authorship, course materials, documentation, Aveta Solutions Courseware, developed, created or used by Aveta Solutions, LLC. or its personnel in connection with the Aveta Solutions Class(es) are and shall remain the sole and exclusive property of Aveta Solutions, LLC. and/or its Licensor and are proprietary information of those parties. Aveta Solutions, LLC. reserves all rights not expressly granted to Enrollee. Enrollee may not use, copy, modify, or transfer the Aveta Solutions Courseware, or any copy thereof. Except as otherwise provided by law, Enrollee may not reverse engineer, disassemble, decompile, or translate the Aveta Solutions Courseware, or otherwise attempt to derive the source code or other software which may be related to the Aveta Solutions Courseware or Aveta Solutions Class(es). Enrollee may not rent, lease, sublicense, assign, loan, sell, or distribute the Aveta Solutions Courseware or any part thereof. No right, title, or interest in or to any trademarks, service marks, or trade names of Aveta Solutions, LLC. or Aveta Solutions, LLC.’s licensors is granted hereunder and any use thereof will inure solely to the benefit of Aveta Solutions, LLC. and/or Aveta Solutions, LLC.’s licensors. The Aveta Solutions Courseware is protected by United States and international copyright law and international treaty. Unauthorized reproduction or distribution is subject to civil and criminal penalties. Enrollee agrees to take adequate steps to protect the Aveta Solutions Courseware from unauthorized disclosure or use. All software, including without limitation Aveta Solutions, LLC. software, required by Enrollee in connection with the delivery and/or receipt of the Aveta Solutions Class(es) are licensed pursuant to the terms and conditions set forth in the software license agreement accompanying such software and such terms and conditions are in addition to these Aveta Solutions Terms. Enrollee shall be responsible for compliance with these Aveta Solutions Terms as well as compliance with terms of any software license agreement (any breach by any of them shall be treated as a breach by Enrollee), and (ii) administering the proper access to and use of Aveta Solutions Class(es) codes, reservation codes and/or similar controls (as well as any volume licensing media) that may be provided to Enrollee and for preventing unauthorized access or use. Enrollee agrees to comply strictly with all applicable export control laws and regulations. 5. Limited Warranty; Disclaimer. AVETA SOLUTIONS, LLC. EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES. AVETA SOLUTIONS, LLC. IS DELIVERING THE AVETA SOLUTIONS CLASS(ES) AND AVETA SOLUTIONS 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 AVETA SOLUTIONS SERVICES, OR AVETA SOLUTIONS COURSEWARE. AVETA SOLUTIONS, LLC. DOES NOT WARRANT THAT THE AVETA SOLUTIONS CLASS(ES) AND ANY SOFTWARE OR AVETA SOLUTIONS MATERIALS PROVIDED BY AVETA SOLUTIONS, LLC. TO ENROLLEE HEREUNDER WILL MEET THE REQUIREMENTS OF ENROLLEE AND AVETA SOLUTIONS, LLC. ASSUMES NO RESPONSIBILITY FOR THE QUALITY, UTILITY, ACCURACY OR SECURITY OF THE AVETA SOLUTIONS CLASS(ES), OR AVETA SOLUTIONS COURSEWARE OR USEFULNESS OF THE SAME FOR ANY PURPOSE. AVETA SOLUTIONS, LLC. DOES NOT GUARANTEE NETWORK SECURITY. AVETA SOLUTIONS, LLC. ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE SECURITY OF ENROLLEE’S ELECTRONIC ENVIRONMENT. THE OBLIGATIONS AND LIABILITIES OF AVETA SOLUTIONS, LLC. 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 AVETA SOLUTIONS, LLC. OR ITS AFFILIATES, ACTUAL OR IMPUTED. AVETA SOLUTIONS, LLC. SHALL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY VENDORS, DEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO ENROLLEE BY AVETA SOLUTIONS, LLC. DURING PERFORMANCE OF AVETA SOLUTIONS SERVICES, OR OTHERWISE. 6. Indemnification. Enrollee agrees to indemnify, defend and hold Aveta Solutions, LLC. 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 Aveta Solutions Class(es) or Enrollee’s use of data generated from such Aveta Solutions Class(es). 7. Limitation of Liability. Except for breach by Enrollee of its obligations under Sections 4 and 6, 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 Aveta Solutions 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. 8. Relationship. The relationship of Aveta Solutions, LLC. 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. 9. Force Majeure; Excused Performance. Aveta Solutions, LLC. 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 Aveta Solutions 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. 11. Miscellaneous. These Aveta Solutions Terms including any attachments hereto and made a part hereof, constitutes the entire agreement between Aveta Solutions, LLC. and Enrollee with respect to the furnishing of Aveta Solutions Class(es) and license for the use of the Aveta Solutions 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 Aveta Solutions, LLC. and obligations of Enrollee under the Aveta Solutions Terms shall inure to the benefit of Aveta Solutions, LLC.’s assignees, licensors, and licensees. These Aveta Solutions Terms are not assignable or transferable in whole or in part by Enrollee without the prior written consent of Aveta Solutions, LLC., which consent shall not be unreasonably withheld. The provisions of these Aveta Solutions 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 Aveta Solutions Terms shall be binding. A waiver of any section of these Aveta Solutions Terms does not constitute a waiver of the whole Aveta Solutions Terms. All notices given pursuant to these Aveta Solutions 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 Aveta Solutions, LLC. at the address set forth herein unless either party notifies the other in writing of a new address. The parties agree that these Aveta Solutions Terms is an agreement between Enrollee and Aveta Solutions, LLC., and creates no obligations to Enrollee on the part of Aveta Solutions, LLC.’s Licensor, affiliates, subcontractors, or suppliers. Enrollee expressly relinquishes any rights as a third party beneficiary to any agreements between Aveta Solutions, LLC. 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 Aveta Solutions Terms. The parties knowingly and expressly consent to the foregoing terms and conditions.