Evaluation Exam Terms & Conditions
Evaluation Exam Terms & Conditions
IMPORTANT: READ THIS VERY CAREFULLY!
The International Association for Six Sigma Certification™ (IASSC®) offers a variety of Evaluation Exams. Each Candidate hereby acknowledges and agrees to comply with the applicable Terms and Conditions contained herein.
DEFINITIONS:
Authorized Provider: an entity authorized by IASSC to deliver and facilitate IASSC Certification Exams, including IASSC and its third-party agents, The PeopleCert Group, authorized IASSC Accredited Entities, and authorized IASSC Exam Administrators and/or Proctors.
Candidate(s): a person who is commencing use of an IASSC Evaluation Exam.
Certification: the achievement of IASSC Certified Black Belt™ (IASSC-CBB™), IASSC Certified Green Belt™ (IASSC-CGB™), IASSC Certified Yellow Belt™ (IASSC-CYB™), IASSC Certified Lean Expert™ (IASSC-CLE™), IASSC Certified Lean Leader™ (IASSC-CLL™), IASSC Certified Lean Practitioner™ (IASSC-CLP™) based on the terms and conditions defined herein.
Code of Conduct: the policies and terms detailed here: http://iassc.org/code-of-ethics/
Disciplinary Policy: the policies and terms detailed here: http://iassc.org/disciplinary-policy/
IASSC Certification Exam: an examination given to a candidate seeking Certification by IASSC, including but not limited to, the IASSC Black Belt Certification Exam, the IASSC Green Belt Certification Exam, the IASSC Yellow Belt Certification Exam, the IASSC Certified Lean Expert Exam, the IASSC Certified Lean Leader Exam or the IASSC Certified Lean Practitioner Exam and IASSC Recertification Exams.
IASSC Evaluation Exam: an examination that will not result in Certification by IASSC, given to a Candidate by IASSC, including but not limited to, the IASSC Black Belt Evaluation Exam, the IASSC Green Belt Evaluation Exam, the IASSC Yellow Belt Evaluation Exam, The IASSC Lean Expert Evaluation Exam, the IASSC Lean Leader Evaluation Exam or the IASSC Lean Practitioner Evaluation Exam.
IASSC Marks Use Policy: the policies and terms detailed here: http://iassc.org/marks-usage-policy/
IASSC Recertification Policy: the policies and terms detailed here: http://iassc.org/six-sigma-certification/recertification/
IASSC Refund & Exchange Policy: the policies and terms detailed here: http://orders.iassc.org/returns.asp
Passing Score: the score earned by a Candidate on an IASSC Certification Exam that is required to achieve Certification subject to the terms detailed herein.
Services: all information, content, products, materials, and services made available to you through www.iassc.org by us and/or third parties.
Site: the iassc.org and/or orders.iassc.org website.
Suspect Exam Session: a Certification Examination Session that produces uncommon results and/or is suspected of improper conduct which may or may not include cheating.
Us: the International Association for Six Sigma Certification (IASSC).
You: the Candidate.
TERMS & CONDITIONS:
IASSC hereby grants to Candidate a limited, non-exclusive, non-transferable license (the “License”) to use the IASSC Evaluation Exam subject to the terms and conditions contained herein. Candidate shall be granted access to the IASSC Evaluation Exam for a period of 20 days, commencing upon acceptance of this Agreement by Candidate which is executed electronically prior to entering the IASSC Evaluation Exam.
The IASSC Evaluation Exam may not be assigned, sub licensed, or transferred by the Candidate without prior written consent from IASSC which will not be unreasonably withheld nor delayed.
IASSC shall be responsible for the delivery of access to the IASSC Evaluation Exam. The Candidate shall be exclusively responsible for the supervision, management and control of the use of the IASSC Evaluation Exam.
The IASSC Evaluation Exam may be used only by the single Candidate who initiates its use. In no event shall the Licensed Program be used by or for the benefit of third parties or other individuals.
The Candidate may not copy or otherwise reproduce IASSC Evaluation Exam, or any part thereof. All titles, trademarks, trade names, copyright, and other proprietary notices of are retained by IASSC or the third-parties who products are used by IASSC in connection with the delivery of the IASSC Evaluation Exam.
Candidate understands that the IASSC Evaluation Exams are valuable, proprietary, and confidential intellectually property and agrees not to copy or attempt to copy, capture or attempt to capture, IASSC Examinations and/or Exam Questions in any form whatsoever. Candidate understands and agrees that the sole permissible purpose and interaction with their use of the IASSC Evaluation Exams is for the Candidate to complete IASSC Evaluation Exams as an Examinee, and that any other use or purpose is strictly unauthorized and will be prosecuted to the maximum degree allowable by law.
The IASSC Evaluation Exam will not result in achieving certification from the International Association for Six Sigma Certification (IASSC). IASSC makes no representations, warranties or guarantees that your performance on the IASSC Evaluation Exam will be translatable to performance on the IASSC Certification Exam.
In order to achieve Certification from the International Association for Six Sigma Certification, Candidates must (1) sit for an applicable IASSC Certification Exam, including the IASSC Black Belt Certification Exam, the IASSC Green Belt Certification Exam, the IASSC Yellow Belt Certification Exam, IASSC Lean Expert Certification Exam, IASSC Lean Leader Certification Exam or IASSCLean Practitioner Certification Exam; (2) have the exam administered through an Authorized Provider; (3) achieve a Passing Score; and (4) comply with all Exam Rules, Policies and Conduct.
IASSC retains the right, at its sole discretion to cancel and withdrawal Candidates access to the IASSC Evaluation Exams should it suspect Candidate has violated any of the terms herein. Candidate acknowledges that they will abide by and uphold the terms and conditions of the IASSC Agreements listed herein.
GENERAL TERMS & CONDITIONS:
Disclaimer Of Warranties
IASSC PROVIDES ANY AND ALL SERVICES AND INFORMATION ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. IASSC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation Of Liability And Release
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER IASSC, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES NOR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE OR ANY SERVICES, REGARDLESS IF CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE OF IASSC AND REGARDLESS OF THE FORM OF ACTION, THE BASIS OF THE CLAIM, OR WHETHER OR NOT IASSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BEYOND THE MONETARY AMOUNT YOU PAID FOR THE SERVICES. IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
Indemnity
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our attorneys’ fees, expert fees’ and other costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions contained in this Agreement and/or the Site, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding obligation to defend will end; however, your duty to indemnify shall continue.
Non-Disparagement
You agree that you will not publish on the Internet, directly or indirectly, any statement about the Services, IASSC or any agent thereof that is defamatory, is published for a commercial purpose (unless expressly agreed by IASSC in writing), constitutes false advertising (including as prohibited by 15 U.S.C. § 1125), is tortious, or is otherwise prohibited by applicable law.
Governing Law
This Agreement shall be governed in accordance with the laws of the State of Arizona, USA, notwithstanding any conflict-of-law provisions to the contrary. Additionally, you also agree that the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995, UN Convention on Contracts for the International Sales of Goods and the Uniform Computer Information Transactions Act (UCITA) will not apply to this Agreement or any interpretation or disputes relating thereto.
Waiver Of Jury Trial
You hereby irrevocably waive your right to trial by jury in any action or proceeding arising out of this Agreement or the transactions relating to its subject matter.
Jurisdiction/Disputes/Arbitration
With the exception of IASSC’s claims against you relating to nonpayment or injunctive relief, all disputes and claims relating to this Agreement or any other agreement entered into between the parties, the rights and obligations of the parties, or any other claims or causes of action relating to the making, interpretation, or performance of either party under this Agreement, shall be settled by arbitration in Maricopa County, Arizona, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Any arbitration proceeding, or any claim in arbitration (including any defense and any claim of setoff or recoupment), must be brought or asserted within one (1) year after the action or inaction occurred that gave rise to such claim or defense, regardless of any statute of limitations, time of discovery statute or rule, savings statute, tolling statute or doctrine, equitable doctrine, or other theory that may be used to extend the time in which a claim or defense can be asserted. Once a written demand for arbitration is made by a party, the other party shall respond to the demand within ten (10) business days; failure to respond will permit the demanding party to seek resolution through litigation in Maricopa County Superior Court. However, in the event the non-responding party attempts to subsequently participate in the Superior Court litigation, the demanding party, at its election, may compel the matter to be arbitrated in accordance with this Agreement. To the extent a party attempts to contest the enforceability of this arbitration provision, arbitrability will be decided by the arbitrator, and the parties hereby waive the portion of A.R.S. § 12-1501 that appears to state that a party may contest arbitrability based upon grounds available in law or in equity for the revocation of any contract. Neither party shall pursue class claims and/or consolidate the arbitration with any other proceeding to which IASSC is a party. Each party must bear its own costs of arbitration; provided, however, that all arbitration fees shall be initially shared equally by the parties. Any failure to equally share arbitration fees prior to the issuance of an arbitration award shall be considered a default and shall permit the non-defaulting party to move for judgment by default, which shall be awarded unless the default is cured within five (5) business days. The arbitrator’s award shall include all arbitration fees, costs and attorneys’ fees for the prevailing party. The arbitrators shall have no authority to amend or modify the terms of the Agreement. Judgment upon the award of the arbitrator shall be submitted for confirmation to the United States District Court for the District of Arizona and, if confirmed, may be subsequently entered in any court having competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of this Agreement. Notwithstanding the foregoing, IASSC’s claims against you relating to nonpayment or injunctive relief may be litigated in the Superior Court of Maricopa County, Arizona, and the parties expressly waive any objections to such jurisdiction and venue and irrevocably consent and submit to the personal and subject matter jurisdiction of such court in any action or proceeding. In the event you participate in the Superior Court litigation by asserting any defense and/or claim, IASSC, at its election and while continuing to seek injunctive relief from the Superior Court, may compel all other matters, not pertaining to IASSC’s pursuit of injunctive relief against you, to be arbitrated in accordance with this Agreement.
Class Action Waiver
You hereby agree to waive any class action proceeding or counterclaim against IASSC, its affiliates, successors or assigns, whether at law or equity, regardless of which party brings suit. This waiver shall apply to any matter whatsoever between the parties hereto which arises out of or is related in any way to this Agreement or the Services, the performance of either party and/or your purchase from IASSC, its affiliates, successors or assigns.
IASSC’s Remedies
In the event of a breach or threatened breach by you of any of the provisions of this Agreement pertaining to intellectual property, disparagement, or unauthorized use of the Site, you hereby consent and agree that IASSC shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief. Upon the issuance of any injunctive relief, IASSC shall be entitled to recover from you, as part of the its costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
Attorneys’ Fees And Legal Expenses
If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court and/or arbitrator, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
Assignability
This Agreement is personal to you and you may not assign this Agreement or the rights and obligations hereunder to any third party.
Waiver
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
Severability
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction such invalidity shall not affect the validity or operation of any other term, clause or provision, and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
Survival Of Terms
Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights and licensing provisions set forth in this Agreement.
Limitation On Actions
You agree that any claim or defense arising out of or related to the use of the Site or Services, or otherwise relating to this Agreement, must be brought or asserted within one (1) year after the action or inaction occurred that gave rise to such claim or defense or will be forever barred, regardless of any statute of limitations, time of discovery statute or rule, savings statute, tolling statute or doctrine, equitable doctrine, or other theory that may be used to extend the time in which a claim or defense can be asserted.
Acknowledgments:
I understand that IASSC is not, nor is affiliated with, a governmental agency and that the Lean Six Sigma Industry is not regulated by any state or federal governmental agency or single authority. IASSC Lean Six Sigma Accreditation(s), Certification(s) and Bodies of Knowledge are voluntarily adopted by professionals in the Lean Six Sigma Industry. I understand that when IASSC uses terms such as “Industry”, “The Industry”, “Industry Standard”, “Universally Accepted”, “Generally Accepted” and other generalized terms, the terms are meant as a generalization of IASSC’s characterization of what it believes to be the industry standard and/or majority view of what constitutes the industry standard. I understand that IASSC endeavors to represent the voice of the industry’s majority, and that because it is not practical to survey and interview every organization and professional involved in Lean Six Sigma, IASSC has used reasonable methods and efforts to define and establish Lean Six Sigma standards for the purpose of supplying the Industry with standards that are viable and practical minimum competency standards. I understand that my engagement with IASSC, as described herein, constitutes my agreement with, alignment towards and support of, the IASSC standards, and I will use my best efforts, judgment and actions to uphold and defend these standards.
I understand and agree that IASSC maintains the right to modify all Terms and Conditions herein as it deems necessary from time to time without notice and that it is my responsibility to review all Terms and Conditions on a regular basis.
I understand and agree that the following are incorporated into and made a part of this Agreement: