Terms & Conditions

I. INTRODUCTION

THIS LICENSE AGREEMENT (the “AGREEMENT”) IS A LEGAL CONTRACT BETWEEN YOU AND SIX SIGMA MANAGEMENT INSTITUTE INC. (“SSMI”) AND PROVIDES THE TERMS OF USE FOR THE MINDPRO® ONLINE TRAINING SYSTEM. PLEASE READ THE AGREEMENT CAREFULLY. BY LOGGING INTO THE MINDPRO® SYSTEM OR ACCESSING ANY MINDPRO® CONTENT, YOU ACKNOWLEDGE AND ACCEPT ALL TERMS AND CONDITIONS OF THE LICENSING AGREEMENT. THE LICENSING AGREEMENT IS AVAILABLE FOR VIEWING AT WWW.MINDPROWEB.COM/TERMS.PHP.   IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE CONTACT SSMI IMMEDIATELY AT (800)335-6234 OR MINDPRO@SS-MI.COM WITHIN 48 HOURS OF ACTIVATION FOR A FULL REFUND IN ACCORDANCE WITH OUR REFUND POLICY. AFTER 48 HOURS YOU WILL BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT.

II. GRANT OF LICENSE

Subject to the terms and conditions of this agreement, SSMI hereby grants you, the customer (“Customer”), a non-exclusive license to use the MindPro®.  SSMI retains all other rights, title, and interest in MindPro®.  All rights not granted to Customer under this Agreement, including Federal and international intellectual property rights, are hereby reserved by and to SSMI. Unless otherwise expressly agreed in writing by SSMI, Customer is the only authorized user to access and login to the MindPro® Training Program the customer has purchased. The MindPro® Training Program may not otherwise be shared or used concurrently on multiple computers. Customer grants SSMI and its agents the right to audit Customer’s use of MindPro® at any time upon reasonable notice.
 

III. REPRODUCTION AND MODIFICATION

CUSTOMER MAY NOT COPY OR DOWNLOAD THE VIDEOS WITHIN MINDPRO® UNDER ANY CIRCUMSTANCES.  CUSTOMER MAY DOWNLOAD OTHER TYPES OF MEDIA ASSETS SUCH AS PDF’S OR EXCEL FILES AS ALLOWED BY MINDPRO®’S FUNCTIONALITY.  EXCEPT AS EXPRESSLY PROVIDED IN WRITING BY SSMI, CUSTOMER MAY NOT MODIFY, UPDATE, CUSTOMIZE, OR REVERSE-ENGINEER THE MINDPRO® SYSTEM OR ANY ASSOCIATED DOCUMENTATION IN ANY MANNER OR FOR ANY PURPOSE. MINDPRO® MAY NOT BE INTEGRATED WITH OTHER PROGRAMS OR HARDWARE DEVICES, NOR MAY CUSTOMER CREATE ANY DERIVATIVE WORKS BASED ON MINDPRO®, INCLUDING ANY PRODUCT OR APPLICATION HAVING FUNCTIONALITY SIMILAR TO MINDPRO®.

IV. ASSIGNMENT AND TRANSFER

CUSTOMER MAY NOT SELL, DISTRIBUTE, LOAN, SUBLICENSE, OR RENT MINDPRO® TO A THIRD PARTY, NOR MAY CUSTOMER TRANSFER OR ASSIGN ANY OF CUSTOMER’S RIGHTS UNDER THIS AGREEMENT TO A THIRD PARTY.
 

V. TERM OF LICENSE

THE LICENSE IS EFFECTIVE UPON CUSTOMER’S ACCEPTANCE OF THE AGREEMENT, OR UPON CUSTOMER’S USE OF MINDPRO®, EVEN IF CUSTOMER HAS NOT EXPRESSLY ACCEPTED THIS AGREEMENT.  THE LICENSE IS THEREAFTER EFFECTIVE UNTIL TERMINATED OR REVOKED. SSMI MAY TERMINATE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE IF CUSTOMER DOES NOT ADHERE TO EACH AND EVERY PROVISION OF THE AGREEMENT.  CUSTOMER MAY TERMINATE THIS LICENSE AT ANY TIME BY PROVIDING SSMI WITH WRITTEN NOTIFICATION OF CUSTOMER’S TERMINATION OF THE LICENSE. UPON TERMINATION OF THE LICENSE UNDER ANY CIRCUMSTANCES, CUSTOMER AGREES TO IMMEDIATELY CEASE USE MINDPRO®.  CUSTOMER FURTHER AGREES TO PROVIDE SSMI WITH WRITTEN VERIFICATION THAT CUSTOMER’S USE OF MINDPRO® HAS CEASED.
 

VI. WARRANTY

SSMI PROVIDES MINDPRO® “AS-IS” WITHOUT WARRANTY AS TO ITS PERFORMANCE OR RESULTS OF ITS USE.  SSMI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT AUTHORIZED BY LAW.  CUSTOMER HEREBY ASSUMES RESPONSIBILITY FOR USE OF MINDPRO® AND ANY EFFECTS RESULTING FROM SUCH USE INCLUDING THOSE DUE TO THE QUALITY AND/OR PERFORMANCE OF MINDPRO®. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT, BUT SHALL NOT IMPLY ANY FURTHER RIGHTS, INCLUDING CONTINUED USE OF MINDPRO®.

VII. REMEDIES

UNDER THIS AGREEMENT, CUSTOMER’S SOLE REMEDY IS TO CEASE USE OF MINDPRO® AND IMMEDIATELY CONTACT SSMI.  SSMI WILL USE REASONABLE EFFORTS TO PROVIDE CUSTOMER WITH A VERSION UPDATE OR TECHNICAL ADVICE WITHIN REASON, OR AT THE SOLE DISCRETION OF SSMI, REFUND CUSTOMER’S PURCHASE PRICE FOR THE PURCHASED TRAINING PROGRAM. SSMI SHALL BEAR NO RESPONSIBILITY FOR ANY HARM, ACTUAL OR PERCEIVED, RESULTING FROM ANY USE OF MINDPRO®.
 

VIII. INDEMNIFICATION

CUSTOMER AGREES TO HOLD SSMI AND ITS AGENTS, OFFICERS, AND EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITIES, EXPENSES, DAMAGES, AND OTHER CLAIMS ARISING FROM USE OF MINDPRO® BY THE CUSTOMER OR ANY THIRD PARTY.
 

IX. GENERAL

ANY PART OF THIS AGREEMENT FOUND TO BE VOID AND UNENFORCEABLE SHALL NOT AFFECT THE VALIDITY OF THE REMAINING TERMS IN THE AGREEMENT. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA.  THIS AGREEMENT WILL NOT BE GOVERNED BY THE CONFLICT OF LAW RULES OF ANY JURISDICTION.  CUSTOMER HEREBY CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL OR STATE COURTS SITTING IN ARIZONA TO RESOLVE ANY DISPUTES ARISING UNDER THIS AGREEMENT. THE MINDPRO® CURRICULUM AND INSTRUCTIONAL CONTENT REMAINS THE SOLE PROPERTY OF AND IS COPYRIGHTED BY DR. MIKEL J. HARRY LTD. – ALL RIGHTS RESERVED. THIS AGREEMENT CONSTITUTES THE FULL AND COMPLETE AGREEMENT BETWEEN CUSTOMER AND SSMI AND SHALL SUPERSEDE ALL PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN.  THIS AGREEMENT MAY ONLY BE MODIFIED BY A SIGNED WRITING FROM AN AUTHORIZED AGENT OF SSMI.
 
 

X. SCHOLARSHIPS

THE SIX SIGMA MANAGEMENT INSTITUTE, INC. (SSMI), SIX SIGMA LEADERSHIP FEDERATION (501C) OR THE GREAT DISCOVERY, LLC (TGD) ARE HEREIN COLLECTIVELY KNOWN AS THE “COMPANY”. IF THE CUSTOMER IS GRANTED ACCESS TO MINDPRO® THROUGH ANY SCHOLARSHIP PROGRAM OFFERED BY THE COMPANY, THE CUSTOMER AGREES THAT SCHOLARSHIP REQUIREMENTS HAVE BEEN REVIEWED AND SATISFIED BY THE CUSTOMER. THE COMPANY RESERVES THE RIGHT TO REQUEST AUTHENTICATING DOCUMENTATION FROM THE CUSTOMER AT ANY TIME TO CONFIRM ANY AND ALL INFORMATION PROVIDED BY THE CUSTOMER RELATED TO THE SCHOLARSHIP REQUIREMENTS. IF THE CUSTOMER FAILS TO PROVIDE ANY AND ALL AUTHENTICATING DOCUMENTATION REQUESTED BY THE COMPANY, OR IF THE PROVIDED AUTHENTICATING DOCUMENTATION FAILS TO CONFIRM THAT THE CUSTOMER MEETS ALL THE SPECIFIED REQUIREMENTS, THE COMPANY RESERVES THE RIGHT TO TERMINATE THE CUSTOMER’S ACCESS TO WITHOUT NOTICE. TO CANCEL YOUR SUBSCRIPTION, EMAIL YOUR REQUEST TO MINDPRO@SS-MI.COM. PLEASE NOTE: YOUR REQUEST MUST BE EMAILED AT LEAST 5 BUSINESS DAYS PRIOR TO YOUR RENEWAL DATE. IF YOUR REQUEST IS WITHIN 5 BUSINESS DAYS OF YOUR RENEWAL DATE, WE CANNOT ENSURE IT WILL BE PROCESSED BEFORE YOUR RENEWAL OCCURS.

 

XI. PERSONAL DATA PROCESSING


The personal data of the learner will be processed by SSMI Europe Ltd, based in 22 Eastcheap, 2nd Floor EC3M 1EU London, as the data controller, in compliance with the principles of protection of personal data established by EU Regulation 2016/679 with the methods and for the purposes listed below. 

METHODS AND PURPOSE OF DATA PROCESSING 

The processing of the learner’s personal data will respect the principles of correctness, secularity and transparency. SSMI Europe Ltd is committed to protecting the privacy and rights of the data subject and will use suitable tools to guarantee security. 

The personal data of the interested party are collected and processed for the purpose of planning and implementing the training services towards you (pre-contractual, contractual and related to the provision of the requested services). 

The statutory and other mandatory records will also be kept (administrative and accounting purposes, fulfillment of legal obligations). 

Furthermore, after acquiring his explicit consent, the personal data of the learner will be processed for the purposes of: 
• conservation and consultation of the training activities carried out to propose training activities relevant to the profile of the interested party; 
• sending newsletters, commercial communications and advertising material on training courses or services offered by SSMI Europe. 

LEGAL BASIS 

The provision of data is mandatory for all that is required by legal and contractual obligations and therefore any refusal to provide them in whole or in part may give rise to the impossibility of providing the requested services. 

The Company processes the interested party’s optional data on the basis of express consent, that is, through the explicit approval of this information, and in relation to the methods described in this information for the purposes of:
• conservation and consultation of the training activities carried out to propose training activities relevant to the profile of the interested party;
• sending newsletters, commercial communications and advertising material on training courses or services offered by SSMI Europe. 

CATEGORIES OF RECIPIENTS 

All data collected and processed may be communicated exclusively for the purposes specified above to the following categories of interested parties:
• employees and collaborators of SSMI Europe authorized to process;
• natural or legal persons (as Data Processors) for the aspects of their competence (managerial, commercial, etc.);
• potentially accessible to service companies or professionals for maintenance, control or verification of the tools used for the treatment. 

STORAGE PERIOD 

The data required for contractual and accounting purposes are kept for as long as necessary to carry out the commercial and accounting relationship. 

The personal data purchased and processed for the purpose of sending newsletters, commercial communications, advertising material on products or services offered by the Data Controller by e-mail, will be kept for 5 years by express consent. 

The personal data purchased and processed for the purpose of storing and consulting the training activities carried out to offer the interested party training activities relating to his / her profile will be kept for 5 years by express consent. 

The data of those who do not purchase or use SSMI Europe services, despite having had previous contact with the company, will be immediately deleted or processed anonymously, if their conservation is not otherwise justified. 

TRANSFER OF DATA 

Personal data will not be disclosed (except for the above) and will not be transferred to any country outside the European Community; however, SSMI Europe reserves the possibility of using cloud services, which could provide for the transfer of data outside the European Community, and in this case the service providers will be selected from those who provide adequate guarantees, as required by art. 46 of EU Regulation 2016/679. 

RIGHTS OF THE INTERESTED PARTY 

Pursuant to EU Regulation 2016/679, the interested party can, according to the methods and within the limits established by current legislation, exercise the following rights: 

Right of Access: you can ask for confirmation of the existence or not of a processing in progress of your data;
Right of rectification: it can ask for changes, updates and corrections of data especially if they are not accurate;
Right to erasure: you can ask to erase all or almost all of your personal data provided that the processing is no longer necessary or if by law you do not have the right / obligation to continue processing them;
Right to limitation of treatment: you can ask us to limit the use of your personal data.
Right to data portability: you can request a copy of your personal data. The interested party also has the right to revoke the Consent eventually given to the data processing at any time, 

the Revocation takes effect from the moment we become aware of it and does not affect the lawfulness of the treatment based on the Consent previously given.
Finally, the interested party has the right to lodge a complaint with a supervisory authority.
In all the cases described, the exercise of the rights will be brought to the attention of those to whom the personal data have been communicated, except for the cases of exemption provided for by the EU Regulation 2016/679.
The exercise of the aforementioned rights may take place by sending a request to SSMI Europe, via email to the email address: infoeurope@ssmi-europe.com, to which suitable feedback will be provided without delay.
The cancellation from the list for the receipt of newsletters, commercial communications, advertising material on products or services offered can be made through the specific cancellation link present in all communications sent to the email address provided by the interested party. 

HOLDER OF THE TREATMENT 

The Data Controller is SSMI Europe Ltd, based in 22 Eastcheap, 2nd Floor EC3M 1EU London, in the person of the legal representative, electively domiciled, for the provisions of the EU Regulation 2016/679, at the corporate headquarters.









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