Terms and Conditions
I. Non-disclosure of training materials
a. The Parties are engaging in one or more mutually beneficial business relationships (collectively, the “Business Relationship”). The Parties recognize that in the course of their Business Relationship, it will be necessary for each Party to disclose to the other certain Confidential Information (as defined below). Each Party desires to set forth the terms that apply to such Confidential Information. NOW, THEREFORE, for and in consideration of the foregoing, of the promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:
1. The Parties shall (i) use reasonable efforts to maintain the confidentiality of the information and materials, whether oral, written or in any form whatsoever, of the other that may be reasonably understood, from legends, the nature of such information itself and/or the circumstances of such information’s disclosure, to be confidential and/or proprietary thereto or to third parties to which either of them owes a duty of nondisclosure (collectively, “Confidential Information”); (ii) take reasonable action in connection therewith, including without limitation at least the action that each takes to protect the confidentiality of its comparable proprietary assets; (iii) to the extent within their respective possession and/or control, upon termination of this Agreement for any reason, immediately return to the provider thereof all Confidential Information not licensed or authorized to be used or enjoyed after termination or expiration hereof, and (iv) with respect to any person to which disclosure is contemplated, require such person to execute an agreement providing for the treatment of Confidential Information set forth in clauses (i) through (iii). The foregoing shall not require separate written agreements with employees and agents already subject to written agreements substantially conforming to the requirements of this Section nor with legal counsel, certified public accountants, or other professional advisers under a professional obligation to maintain the confidences of clients.
2. Notwithstanding the foregoing, the obligation of a person to protect the confidentiality of any information or materials shall terminate as to any information or materials which: (i) are, or become, public knowledge through no act or failure to act of such person; (ii) are publicly disclosed by the proprietor thereof; (iii) are lawfully obtained without obligations of confidentiality by such person from a third party after reasonable inquiry regarding the authority of such third party to possess and divulge the same; (iv) are independently developed by such person from sources or through persons that such person can demonstrate had no access to Confidential Information; or (v) are lawfully known by such person at the time of disclosure other than by reason of discussions with or disclosures by the Parties.
3. All Confidential Information delivered pursuant to this Agreement shall be and remain the property of the disclosing Party, and any documents containing or reflecting the Confidential Information, and all copies thereof, shall be promptly returned to the disclosing Party upon written request, or destroyed at the disclosing Party’s option. Nothing herein shall be construed as granting or conferring any rights by license or otherwise, express or implied, regarding any idea made, conceived or acquired prior to or after the Effective Date, nor as granting any right with respect to the use or marketing of any product or service. The Parties shall use the Confidential Information only for the Business Relationship. 2 The obligations of the Parties under this Agreement shall continue and survive the completion or abandonment of the Business Relationship and shall remain binding for a period of two (2) years from the Effective Date.
4. As a violation by either Party of this Agreement could cause irreparable injury to the other Party and as there is no adequate remedy at law for such violation, the non-breaching Party may, in addition to any other remedies available to it at law or in equity, enjoin the breaching Party in a court of equity for violating or threatening to violate this Agreement. In the event either Party is required to enforce this Agreement through legal action, then it will be entitled to recover from the other Party all costs incurred thereby, including without limitation, reasonable attorney’s fees.
5. Neither Party makes any representation or warranty with respect to any Confidential Information disclosed by it, nor shall either Party or any of their respective representatives have any liability hereunder with respect to the accuracy or completeness of any Confidential Information or the use thereof.
6. Any provision of this Agreement held or determined by a court (or other legal authority) of competent jurisdiction to be illegal, invalid, or unenforceable in any jurisdiction shall be deemed separate, distinct and independent, and shall be ineffective to the extent of such holding or determination without (i) invalidating the remaining provisions of this Agreement in that jurisdiction or (ii) affecting the legality, validity or enforceability of such provision in any other jurisdiction.
7. Any notice required or permitted to be given hereunder shall be (a) in writing, (b) effective on the first business day following the date of receipt, and (c) delivered by one of the following means: (i) by personal delivery; (ii) by prepaid, overnight package delivery or courier service; or (iii) by the United States Postal Service, first class, certified mail, return receipt requested, postage prepaid. All notices given under this Agreement shall be addressed to the addresses stated at the outset of this Agreement, or to new or additional addresses as the Parties may be advised in writing.
8. This Agreement is to be governed by and construed in accordance with the laws of the state of. Neither Party shall be deemed to waive any of its rights, powers or remedies hereunder unless such waiver is in writing and signed by said Party. This Agreement is binding upon and inure to the benefit of the Parties and their successor and assigns.
9. This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter hereof, and is intended as the Parties’ final expression and complete and exclusive statement of the terms thereof, superseding all prior or contemporaneous agreements, representations, promises and understandings, whether written or oral. Neither Party is to be bound by any pre-printed terms appearing in the other Party’s form documents, tariffs, purchase orders, quotations, acknowledgments, invoices, or other instruments.
10. Any person found having materials that have not been directly purchased from Achieve Six Sigma will be in violation of holding stolen intellectual property.
11. If there is any issue arising from copyrights or unauthorized use of materials or images, a written notice must be submitted with evidence and Achieve Six Sigma is afforded 30 days to respond or remove the images or material.
II. Academic Honesty
a. The Student Guide to Academic Integrity provides information associated with academic dishonesty inquiries. Students are expected to be familiar with the policy, and understand what constitutes violations of the policy. If unsure, students have an obligation to ask Achieve Six Sigma customer service questions pertaining to the issue. Violations of the Achieve Six Sigma Academic Honesty Policy constitute academic misrepresentation for which no certification can be given and for which appropriate sanctions are warranted. The organization affirms that acts of cheating, plagiarism, facilitation and fabrication by students demean the institution, debase the professional certification awarded, have no place in the organization, are serious offenses to business goals and objectives, and to the rights of fellow students. By engaging in any course provided by Achieve Six Sigma you agree to follow our academic honesty policy.
1.”Cheating” means to intentionally misrepresent the source, nature, or other conditions of academic work so as to accrue undeserved credit. Cheating includes, but is not limited to:
- Obtaining or retaining partial or whole copies of examinations, tests or quizzes before these are distributed for student use;
- Using notes, textbooks or other information in examinations, tests and quizzes, except as expressly permitted;
- Obtaining confidential information about examinations, tests or quizzes other than that released by the instructor;
- Securing, giving or exchanging information during examinations;
- Having another person take one’s place for any academic performance without the specific permission of the instructor;
- Using a substantial portion of a piece of work previously submitted for another course or program to meet the requirements of the present course or program without notifying the instructor to whom the work is presented.
2. “Plagiarism” means to take and present as one’s own a portion of the ideas or words of another or to present as one’s own an idea or work derived from an existing source without full and proper credit to the source of the ideas, words, or works. As defined, plagiarism includes, but is not limited to:
- The copying of words, sentences and paragraphs directly from the work of another without proper credit;
- The copying of illustrations, figures, photographs, drawings, models, or other visual and nonverbal materials, including recordings of another without proper credit; and
- The presentation of work prepared by another in final or draft form as one’s own without citing the source, such as the use of purchased research papers.
3. “Facilitation” means knowingly helping (or attempting to help) another student by working together on a take-home exam without permission, providing another student with a pre-written paper or test, and/or unauthorized collaboration of any kind when not allowed. As defined, facilitation includes, but is not limited to:
- Sharing test questions or answers from an exam with another student;
- Allowing another student copy a solution to a homework problem, exam or lab;
- Taking an exam for another student, or
- Assisting in any act of academic dishonesty of another student.
4. “Fabrication” means the falsifying or fabrication of data, records, or any information relevant to the student’s participation in any course, academic exercise or academic record. As defined, fabrication includes, but is not limited to:
- Altering grades or other official records
- Inventing or changing laboratory data
- Changing exam solutions after the fact
- Falsifying research and/or data
- Invention sources
- Sabotaging another student’s work or academic record.
- Presenting falsified information in order to postpone or avoid examinations,tests, quizzes, or other academic work.
a. Due to the downloadable nature of the materials in the course only a partial refund is only available. If a student is enrolled in a Black Belt Course, Sigma XL will issue a software activation code with the purchase. This cannot be refunded and any refund will be to the student will exclude the advertised price of the software. All refunds will only be accepted within 24 hours of purchase. Our customer service team will work with you to remove any barrier to your education and help you with any technical issues. We hope that your will use a refund as a case of last resort, due to the nature of the downloadable materials and the support that our company provides.