SIX SIGMA ONLINE TERMS AND CONDITIONS
TERMS & CONDITIONS
PLEASE READ THESE SIX SIGMA ONLINE TRAINING TERMS AND CONDITIONS (“SIX SIGMA ONLINE TERMS”) CAREFULLY. ANY ENROLLMENT IN SIX SIGMA ONLINE CLASS(ES) BY ENROLLEE OR ANY ACT BY ENROLLEE ACCEPTING THE BENEFITS OF SIX SIGMA ONLINE CLASS(ES) SHALL BE CONCLUSIVE EVIDENCE OF ENROLLEE’S ACCEPTANCE OF THESE SIX SIGMA ONLINE TERMS HEREIN CONTAINED. NOTHING CONTAINED IN THE SIX SIGMA ONLINE 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 SIX SIGMA ONLINE 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 Six Sigma Online Terms apply to the enrollment in Six Sigma Online Training (“Six Sigma Online”) classes offered by Aveta Business Institute – Six Sigma Online 4 S. Market Bldg, 3rd Floor, Faneuil Hall, Boston, MA, 02109, United States by Enrollee. The Six Sigma Online Class(es) is further described on the Six Sigma Online Website located at https://www.sixsigmaonline.org.
2. Six Sigma Online Service Delivery. Six Sigma Online will not be liable for any Enrollee loss resulting from delays in delivery, scheduling conflicts, or technical issues. Six Sigma Online Class(es) is for internal use only and may not be resold, redistributed, and/or used for commercial use by Enrollees.
3. Cancellation; Substitution; Expiration. Six Sigma Online reserves the right to cancel or reschedule any class at its discretion. Enrollee agrees to complete Six Sigma Online Classes(es) within 365 calendar days of purchase unless an alternative date has been provided by a representative of Six Sigma Online in writing. Withdrawal or refund requests are subject to a 15% charge of the total calculated cost. Withdrawal or refund requests must be received via email by [email protected] within 72 hours of purchase. All refunds will be credited to the original payment source. No refunds will be permitted after any Six Sigma Certification has been issued. Textbooks are not eligible for refunds.
4. Payment Plan (Subscription Payments).
4.1. Subscription Payments . Enrollee agrees to be liable to Six Sigma Online 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 Six Sigma Online with valid and updated credit card information either directly or indirectly using PayPal. Enrollee authorizes Six Sigma Online 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, Six Sigma Online 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.
Withdrawal or refund requests are subject to a 15% charge of the total calculated cost of the Payment Plan (Subscription Payments Agreement) cost. Withdrawal or refund requests must be received via email by [email protected]online.org within 72 hours of purchase. All refunds will be credited to the original payment source. No refunds will be permitted after any Six Sigma Certification has been issued. Textbooks are not eligible for refunds.
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 Six Sigma Online Courseware contained in the learning management system (hereinafter “Courseware”) consisting of documentation, materials, files and presentation slides are available for download and use for informational, personal and non–commercial use from the Six Sigma Online Web Site in accordance with Six Sigma Online. 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 Six Sigma Online or its personnel in connection with the Six Sigma Online Class(es) are and shall remain the sole and exclusive property of Six Sigma Online and/or its Licensor and are proprietary information of those parties. Six Sigma Online reserves all rights not expressly granted to Enrollee. Enrollee may not use, copy, modify, or transfer the Six Sigma Online Courseware, or any copy thereof. Except as otherwise provided by law, Enrollee may not reverse engineer, disassemble, decompile, or translate the Six Sigma Online Courseware, or otherwise attempt to derive the source code or other software which may be related to the Six Sigma Online Courseware or Six Sigma Online Class(es). Enrollee may not, assign, loan, sell, transfer or distribute the Six Sigma Online Courseware or any part thereof. No right, title, or interest in or to any trademarks, service marks, or trade names of Six Sigma Online or Six Sigma Online’s licensors is granted hereunder and any use thereof will inure solely to the benefit of Six Sigma Online and/or Six Sigma Online’s licensors. Enrollee agrees to take adequate steps to protect the Six Sigma Online Courseware from unauthorized disclosure or use. Enrollee shall be responsible for compliance with these Six Sigma Online terms as well as administering the proper access to and use of Six Sigma Online Class(es) 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. SIX SIGMA ONLINE EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES. SIX SIGMA ONLINE IS DELIVERING THE SIX SIGMA ONLINE CLASS(ES) AND SIX SIGMA ONLINE 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 SIX SIGMA ONLINE SERVICES, OR SIX SIGMA ONLINE COURSEWARE. SIX SIGMA ONLINE DOES NOT WARRANT THAT THE SIX SIGMA ONLINE CLASS(ES) AND SIX SIGMA ONLINE MATERIALS PROVIDED BY SIX SIGMA ONLINE TO ENROLLEE HEREUNDER WILL MEET THE REQUIREMENTS OF ENROLLEE AND SIX SIGMA ONLINE ASSUMES NO RESPONSIBILITY FOR THE QUALITY, UTILITY, ACCURACY OR SECURITY OF THE SIX SIGMA ONLINE CLASS(ES), OR SIX SIGMA ONLINE COURSEWARE OR USEFULNESS OF THE SAME FOR ANY PURPOSE. SIX SIGMA ONLINE DOES NOT GUARANTEE NETWORK SECURITY. SIX SIGMA ONLINE ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE SECURITY OF ENROLLEE’S ELECTRONIC ENVIRONMENT. THE OBLIGATIONS AND LIABILITIES OF SIX SIGMA ONLINE 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 SIX SIGMA ONLINE OR ITS AFFILIATES, ACTUAL OR IMPUTED. SIX SIGMA ONLINE SHALL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY VENDORS, DEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO ENROLLEE BY SIX SIGMA ONLINE DURING PERFORMANCE OF SIX SIGMA ONLINE SERVICES, OR OTHERWISE.
8. Indemnification. Enrollee agrees to indemnify, defend and hold Six Sigma Online 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 Six Sigma Online Class(es) or Enrollee’s use of data generated from such Six Sigma Online Class(es).
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 Six Sigma Online 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 Six Sigma Online 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. Six Sigma Online 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 Six Sigma Online 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 Six Sigma Online Terms including any attachments hereto and made a part hereof, constitutes the entire agreement between Six Sigma Online and Enrollee with respect to the furnishing of Six Sigma Online Class(es) and the use of the Six Sigma Online 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 Six Sigma Online and obligations of Enrollee under the Six Sigma Online Terms shall inure to the benefit of Six Sigma Online’s assignees and licensors. These Six Sigma Online Terms are not assignable or transferable in whole or in part by Enrollee without the prior written consent of Six Sigma Online, which consent shall not be unreasonably withheld. The provisions of these Six Sigma Online 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 Six Sigma Online Terms shall be binding. A waiver of any section of these Six Sigma Online Terms does not constitute a waiver of the whole Six Sigma Online Terms. All notices given pursuant to these Six Sigma Online 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 Six Sigma Online at the address set forth herein unless either party notifies the other in writing of a new address. The parties agree that these Six Sigma Online Terms is an agreement between Enrollee and Six Sigma Online, and creates no obligations to Enrollee on the part of Six Sigma Online’s Licensor, affiliates, subcontractors, or suppliers. Enrollee expressly relinquishes any rights as a third party beneficiary to any agreements between Six Sigma Online 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 Six Sigma Online Terms. The parties knowingly and expressly consent to the foregoing terms and conditions.
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:
How we use collected information
Six Sigma Online 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.
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.
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.
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.
This document was last updated on March 20, 2018.