IMPORTANT: READ THIS VERY CAREFULLY!
SCOPE OF AGREEMENT
This Terms of Use Agreement (“Agreement”) by and between the Association of Lean Six Sigma Professionals Inc (“we”, “us”, “our” or “ALSSP”) and you (“you”, “your” or “User”) governs your use of www.alssp.org and/or any of its sub domains (collectively and individually the “Site”), together with all information, content, products, materials and services made available to you through the Site by us and/or third parties (which, together with the Site, shall be collectively and individually referred to as the “Services”). All applicable terms and conditions contained on the Site and/or any ancillary documents or agreements are hereby incorporated by reference and made part of this Agreement. By using or otherwise accessing the Services, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of this Agreement. If you do not agree to this Agreement, you are not authorized to access the Site or use the Services in any manner.
When we refer to the “use” of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services. In addition to the applicable terms and conditions on our Site (including those pertaining to accreditation and certification), this Agreement, together with our Privacy Policy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Services.
ALSSP reserves the right to modify the terms of this Agreement or any other terms and conditions on the Site at any time, without notice, and it is your responsibility to periodically review the Site, along with this Agreement, for revisions. Revisions to terms and conditions on the Site and/or this Site become effective immediately upon posting (the “Effective Date”). If any revisions are not acceptable to you, you must stop using the Services. Your use of the Services after the Effective Date shall constitute your acceptance of such changes. If we make any new products or services available, they will be considered a part of the Services and your use of them will be governed by the terms and conditions of this Agreement. You must also comply with any additional terms which apply to third-party content, material, information, software or other services.
DEFINITIONS
“ALSSP Intellectual Property” refers to all text, graphics, images, trademarks, logos, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same which are owned by ALSSP or licensed to ALSSP by third parties. This includes but is not limited to ALSSP Content and Trademarks.
“ALSSP Content” refers to all copyrighted content owned by ALSSP or other copyrighted content owned by third-party partners of ALSSP.
When ALSSP uses terms on the Site such as “Industry”, “The Industry”, “Industry Standard”, “Universally Accepted”, “Generally Accepted” and other generalized terms, the terms are meant as a generalization of ALSSP’s characterization of what it believes to be the industry standard and/or majority view of what constitutes the industry standard. ALSSP endeavors to represent the voice of the industry’s majority. ALSSP is not affiliated with any governmental agency, and the Lean Six Sigma Industry is not regulated by any state or federal governmental agency or single authority. ALSSP Lean Six Sigma Accreditations, Certifications and Bodies of Knowledge are voluntarily adopted by professionals in the Lean Six Sigma Industry.
OWNERSHIP AND USE OF ALSSP INTELLECTUAL PROPERTY
Ownership and Use. ALSSP Intellectual Property is owned by ALSSP or licensed to us by our third party partners. You have no rights in or to such ALSSP Intellectual Property and you agree you will not copy, retransmit, reproduce, publish, create derivative works based upon or otherwise transmit any ALSSP Intellectual Property except as specifically permitted under this Agreement or other agreements between ALSSP and you.
ALSSP Content. As a courtesy to our customers and members we have posted to the Site certain ALSSP Content. Unless specifically stated otherwise on the Site, or we give you written permission, you shall not use and access, download and copy any ALSSP Content.
Trademarks. The ALSSP Trademarks appearing on this Site may not be used in any advertising or publicity or otherwise to indicate ALSSP’s sponsorship of or affiliation with any of your products or services without ALSSP’s prior express written permission or as granted by specific terms and conditions of other documents defining a relationship between ALSSP and you. You are prohibited from using ALSSP Marks or any names, marks or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of ALSSP. You agree you will not alter any ALSSP Mark in any manner to make it appear that ALSSP is endorsing, sponsoring, authorizing or affiliated with you, your company, or any third party, except as expressly permitted in writing by ALSSP.
By seeking Certification or Accreditation, or by purchasing any other paid Service, you agree that ALSSP may publicly display your name and/or trademark on the Site for any advertising purpose related to the Services offered by ALSSP, including in the manner located at any sub-domain of www.ALSSP.org
LINKS
Links to Third Party Sites. As a courtesy to Users, we may provide links to other websites or resources owned and operated by third parties. ALSSP has no control over such websites and resources; therefore, you acknowledge and agree we are not responsible for the availability of such external websites or resources and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or otherwise made available via such websites or resources. You further acknowledge and agree we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on, any such content, goods or services.
COMPLIANCE WITH THE CAN-SPAM ACT, CASL and PIPEDA Laws
The User agrees to abide by the CAN-SPAM Act (15 U.S.C. §§7701-13), Canadian CASL and PIPEDA laws when utilizing the Site and contacting other users by email. User may not use the Site to bombard individuals or groups with uninvited commercial email, sexually explicit commercial email or engage in other activities in violation of the CAN-SPAM Act , CASL or PIPEDA, such as, but not limited to: (a) harvesting email addresses from the Site; (b) falsifying or using misleading header information; or (c) using deceptive subject lines. User may not promote User’s or others products or services through uninvited commercial emails or any other means without the express written consent of ALSSP. ALSSP will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from User’s failure to adhere to the CAN-SPAM Act , CASL, PIPEDA or any other applicable laws. The User agrees to indemnify, defend and hold harmless ALSSP, its affiliates, officers, directors, employees, consultants, attorneys and agents from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from the User’s activities in violation of the CAN-SPAM Act, CASL, PIPEDA or any other applicable laws. The terms of this Agreement will inure to the benefit of ALSSP’s successors, assignees and licensees. The User covenants to cooperate fully in the defense of any claim. However, ALSSP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, and User shall not in any event settle any matter without the written consent of ALSSP.
REGISTERED USERS ACCOUNT, PASSWORD AND SECURITY
In consideration for your use of the Site, you represent and warrant you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant portions of the Site and (b) maintain and promptly update your profile information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ALSSP has reasonable grounds to suspect such information is untrue, inaccurate, not current or incomplete ALSSP has the right to suspend or terminate your access to the Site and refuse any and all current or future use of the Site, or any portion thereof. You also agree to indemnify, defend and hold harmless ALSSP, its affiliates, officers, directors, employees, consultants, and agents from any and all loss, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from your provision of information that is untrue, inaccurate, not current or incomplete.
You are solely responsible for maintaining the strict confidentiality of your User IDs and Passwords and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your User IDs/Passwords, your disclosure of your User IDs/Passwords or your authorization to allow another person to access and use the Services using your User IDs/Passwords. You agree to immediately notify us if you become aware of any unauthorized use of your User IDs/Passwords or other need to deactivate a User ID/Password due to security concerns.
DISCLAIMER OF WARRANTIES
ALSSP DOES NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, OR ANY SITE LINKED TO THE SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE.
ALSSP PROVIDES ANY AND ALL SERVICES AND INFORMATION ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. ALSSP 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 ALSSP, 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 ALSSP AND REGARDLESS OF THE FORM OF ACTION, THE BASIS OF THE CLAIM, OR WHETHER OR NOT ALSSP 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 ALSSP, 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.
RIGHT TO TERMINATE AND/OR TO BLOCK ACCESS
ALSSP reserves the right to terminate, block or restrict your access to, or use of, the Site for any breach or suspected violation of any provision of this Agreement. In such an event, we may terminate this Agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.
NON-DISPARAGEMENT
You agree that you will not publish on the Internet, directly or indirectly, any statement about the Services, ALSSP or any agent thereof that is defamatory, is published for a commercial purpose (unless expressly agree by ALSSP 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 by and construed in accordance with the laws of Ontario and the laws of Canada applicable therein, 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 ALSSP’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 Ontario, Canada, in accordance with the local arbitration rules.
CLASS ACTION WAIVER
You hereby agree to waive any class action proceeding or counterclaim against ALSSP, 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 ALSSP, its affiliates, successors or assigns.
ALSSP’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 ALSSP 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, ALSSP 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.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their agreement. It shall not be modified or amended except in writing or Site posting by ALSSP. The Site, as posted and amended in the future, and this Agreement, as posted and amended in the future, shall be the valid document respecting the rights and obligations of ALSSP and the User.
Last updated on 03/04/22