Registration for All Learners Seeking
Quality Manager Certification
Quality Manager Certification
To obtain your User ID and Password, Please read the "Terms of Use and Privacy Policy"
and then complete the Registration Form(s) at the end of this document.
Please read the "Terms of Use and Privacy Policy" and then complete the appropriate Registration Form(s) at the end of this document.
Revision Date: August 17, 2018
WELCOME
Thank you for choosing to enroll in the courses and visit the web sites of KTP Business Metrics, Inc., dba Quality Management Institute (the "Institute"). These web site Terms and Conditions ("Terms of Use") apply to your access to, and use of, the Institute's web sites located at www.qualitymanagementinstitute.com as well as any other Institute-controlled sites, regardless of domain name or IP address (collectively "Site" or "Sites") and features and applications accessible through, or in connection with, the Sites (collectively the "Services"). Certain Services may be subject to additional terms and conditions (collectively "Additional Terms") as may be set forth in these Terms of Use, on the Sites or in connection with your use of such Services, and your use of such Services constitutes your agreement to all applicable Additional Terms and such Additional Terms are hereby incorporated by reference into these Terms of Use. Further, these Terms of Use are in addition to the terms or conditions of any other agreement you may have with the Institute, or its affiliates, for products, services or otherwise, including, without limitation, terms, conditions and policies relating to the courses and educational programs provided by the Institute.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SITES OR THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH THE INSTITUTE, THE TERMS OF WHICH GOVERN YOUR USE OF THE SITES. ACCORDINGLY, BY YOUR ACCESS OR USE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITES OR THE SERVICES.
MODIFICATIONS TO TERMS OF USE
The Institute reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any Additional Terms of the Sites, at any time and in its sole discretion. If the Institute changes or modifies these Terms of Use, the Institute will post the changes to these Terms of Use on the Sites and will indicate at the top of this page the date these Terms of Use were last revised. Any changes or modifications will be effective immediately upon posting of the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of any of the Sites or the Services following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check this Site to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to the amended terms, you must stop using the Sites and the Services.
PRIVACY POLICY
The Institute and its affiliates respect the privacy of every individual who visits our websites or responds to our promotions.
(a) General.
The Institute intends to act reasonably to protect your privacy, but obviously cannot guaranty security against "hackers" or other issues beyond our control. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. This notice applies to all information collected or submitted on Institute websites, unless otherwise posted.
(b) Information Collected From You.
Personally Identifiable Information refers to information that is collected in conjunction with your name. The Institute does not collect any personally identifiable information from you unless you provide it voluntarily. If you do not want your personally identifiable information collected, do not submit it to us.
(c) How We Use the Information We Collect.
We use the information that we collect to complete a contact or request; to better understand your needs, to improve our products and services, and to contact you.
(d) Sharing Information That You Provide With Others.
Generally we do not give or sell your information, including your personally identifiable information, with outside companies except in the following situations:
(1) Blogs and Online Communities.
You may choose to submit information as part of a blog or online community offered by the Institute. Any information you choose to, post including personally identifiable information, may be available generally to the public, or to other members of the blog or online community.
(2) Subcontractors.
We may share your information with subcontractors that provide us with services. These services may include, among other things, helping to provide services that you request, helping to create or maintain our databases, helping to research and analyze the people who request services or information from us, helping to provide marketing or solicitation materials for our products or services, and/or helping to process payment card information.
(3) Law Enforcement.
We may report to law enforcement agencies any activities that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity. In addition, we reserve the right to release your information to law enforcement agencies if we determine, in our sole judgment, that either you have violated our policies, or the release of your information may protect the rights, property or safety of you or another person.
(4) Permitted by Law.
We may share your information with others as required by, or permitted by, law. This may include sharing your information with governmental entities, or third parties in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us.
(5) Transfers.
In the event that the Institute, or substantially all of the Institute’s assets, are acquired, your Information will be transferred to the acquiring entity. In such a situation, you will be provided with notice that a transfer of your Information is imminent, and you will be given an opportunity to opt-out of the transfer of your information.
(e) Children (under age 17).
All persons age 17 or under must ask for and receive their parents' or guardian's permission before sending any information about themselves to us or to anyone online or over the Internet. Parents or guardians of persons under age 17 must send us an email indicating their approval of the child's participation in any of the services/resources that require collection of personal information on our websites.
(f) Parents/Guardians.
Any information collected by Institute from children is used only for the sole purpose of delivering the requested service/materials. If you have a question, or would like to review or delete your child's personally identifiable information, contact us via one of the methods listed at the bottom of this statement.
(g) Third-party websites.
Links to third-party websites on Institute sites are provided solely as a convenience to you. If you use these links, you will leave the Institute site. Institute does not review all third-party sites, nor does it control or assume responsibility for the content or privacy policies of any of these sites. Thus, Institute does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access a third-party site linked to a Institute website, you do so at your own risk.
If you are an employee, affiliate or independent contractor of the Institute, you should also refer to your applicable Contract or Handbook.
EMPLOYEES, AFFILIATE’S AND CONTRACTORS
If you are an employee, affiliate, or independent contractor of the Institute, you have certain responsibilities with respect to your conduct as set forth in the applicable Contract or Handbook. Your conduct on the Sites is subject to and must fully conform with: a.) the terms set out in the applicable Contract or Handbook; b.) any Additional Terms set out on the Site(s) and c.) any other agreements or acknowledgements that may be applicable to you. Violation of any of the Institution’s policies and procedures, employment or contractual agreements or acknowledgments or Additional Terms may result in appropriate sanctions, as determined in the Institution’s sole discretion, up to and including termination of your employment, affiliation or contractor status in addition to any other consequence, penalty or liability that may result from such behavior. In the event of any conflict between these Terms of Use (including any Additional Terms) and any policy in the applicable Institution’s Contract or Handbook, or other term of employment, affiliation or contractual agreement, the order of precedence to resolve such conflicts shall be as follows: a.) the terms of any specific agreement or acknowledgment; b.) the applicable Institution’s Contract, Handbook or policies; and c.) these Terms of Use. Notwithstanding the previous sentence, the Institute reserves the right to resolve any such conflicts in their sole discretion.
COPYRIGHT AND LIMITED LICENSE FROM THE INSTITUTE
Unless otherwise indicated in the Sites, the Sites, the Services and all content and other materials on the Sites including, without limitation, the Institute logo, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of the Institute, or their licensors or users and are protected by U.S. and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Sites, the Site Materials and the Services, and to print hard copy portions of the Site Materials, for your educational, non-commercial and personal use only. Such license is subject to these Terms of Use, the applicable Additional Terms, if any, and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to:
(a) resell, lease, transfer, lend, timeshare, syndicate or commercially use the Sites, Site Materials or the Services;
(b) decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, the Site Materials or the Services;
(c) distribute, publicly perform or publicly display the Sites, the Site Materials or the Services;
(d) modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;
(e) use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
(f) download, index or in any non-transitory manner store or cache any portion of the Sites, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Sites;
(g) remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, the Site Materials or any Services;
(h) create or attempt to create a substitute or similar service or product through the use of or access to the Sites, the Site Materials, the Services or any proprietary information related thereto; or
(i) use the Sites, the Site Materials or the Services other than for its intended purpose.
Any use or attempted use of the Sites, the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of the Institute, or its licensors, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use or any applicable Additional Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, in the Institute's sole discretion.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Institute will terminate, in appropriate circumstances and at the Institute's sole discretion, users, subscribers or account holders who are deemed to be repeat infringers. The Institute may also, at its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Notwithstanding the foregoing, users who are Registered Learners of the Institute will also be subject to the policies and procedures set forth in the Institute’s policies and procedures in addition to these Terms of Use. All employees, affiliates and independent contractors of the Institute, will also be subject to the policies and procedures set forth in the applicable Institution’s Contract, Handbook or policies and procedures which are in addition to these Terms of Use.
TRADEMARKS
All logos and any other product or service name or slogan contained in the Sites are trademarks of the Institute, or their suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of the Institute or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "Quality Management Institute" or any other name, trademark or product or service name of the Institute without our express prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Institute and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Institute.
HYPERLINKS
The Institute makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from the Sites, or web sites linking to the Sites. Such sites are not under the control of the Institute and the Institute is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Institute provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Institute of any site or any information contained therein. When you leave the Sites, these Terms of Use will no longer govern your Internet browser session. Your use of any site to which you navigate from the Sites will be subject to that site's terms of use, if any, and its privacy and data gathering policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
THIRD PARTY CONTENT AND APPLICATIONS
In addition to official pages on the Sites containing the content of the Institute in support of the Institute's mission or related administrative business, our Sites may include third party content on the Sites and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information, including content and views of various individuals such as employees, affiliates, independent contractors, learners, faculty, or members of the public. The views expressed in such Third Party Content should not be construed as representing the views of the Institute. In addition, the Sites may include certain applications, features, programs and services provided by third parties (the "Third Party Applications"). The Institute does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The Institute is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided "as is." Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Users use such Third Party Content and Third Party Applications at their own risk.
THIRD PARTY PRODUCTS, SERVICES, ADVERTISEMENTS AND PROMOTIONS
The Institute may provide information about or links to third party products or services on the Sites or may run third party advertisements or promotions on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. The Institute is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Institute advertisers or third party information on the Sites.
USER CONTENT AND CONDUCT
The Sites or the Services may include public or restricted access discussion forums, or other interactive areas or services ("Interactive Areas"), including chat rooms or message boards, online hosting or storage services, mobile applications, tablet applications, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites ("User Content"). Interactive Areas are provided "as is". You are solely responsible for your use of such Interactive Areas and use them at your own risk.
If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
(a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
(c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
(d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(e) Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of the Sites, or collecting names and emails addresses for the purpose of sending unsolicited emails;
(f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(g) Viruses, corrupted data or other harmful, disruptive or destructive files; and
(h) User Content that, in the sole judgment of the Institute, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose the Institute or its users to any harm or liability of any type.
This list of prohibitions provides examples and is not complete or exclusive.
By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.
In addition, if you are a Learner at the Institute you have certain responsibilities with respect to your conduct as set forth by the Institute’s policies regarding Learner use of computing resources and other applicable policies. Your conduct on the Sites is subject to and must fully conform with these policies. Violation of the Catalog policies may result in appropriate sanctions, as determined in the Institute's sole discretion, in addition to any other consequence, penalty or liability that may result from such behavior. In the event of any conflict between these Terms of Use and any policy in the Institute Catalog, the Institute Catalog policies shall take precedence. Notwithstanding the previous sentence, the Institute reserves the right to resolve any such conflicts in its sole discretion.
You further agree not to access or attempt to access any Interactive Areas which you are not authorized to access or to provide or facilitate access to any nonpublic Interactive Area by any unauthorized user.
Any use of the Interactive Areas or other portions of the Sites, the Site Materials or the Services in violation of these Terms of Use, including the foregoing, may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites, the Site Materials or the Services.
The Institute takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or resulting therefrom, nor is the Institute liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, the Institute is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Accordingly, the Institute has no obligation to screen, edit, or monitor User Content or the Interactive Areas. However, the Institute reserves the right, and has absolute discretion, to refuse, block, move, or remove any User Content posted or stored on the Sites at any time with or without cause and for any reason or no reason, with or without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites or through the Services at your sole cost and expense. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect the Institute's systems and customers, or to ensure the integrity and operation of the Institute's business and systems, the Institute may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. The Institute's right to disclose any such information as set forth herein shall supersede and control any conflicting terms of the Institute's Privacy Policy.
Except as explicitly indicated in these Terms of Use, or unless otherwise indicated on the Sites or in connection with your use of the Services, if you post User Content to any of the Sites or in connection with the Services, you retain all rights in and to such User Content. You grant the Institute, its affiliates, and third party service providers a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant the Institute and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, at their sole discretion. You specifically acknowledge and agree that the Institute has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with your User Content and the Institute will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. No royalties will be paid to you or any third party for your User Content. Nothing in these Terms of Use obligates or may be deemed to obligate the Institute to sell, license or offer to sell or license any advertising, promotion or distribution rights. You represent and warrant that:
(a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites and license such User Content to the Institute and its affiliates as herein provided;
(b) the User Content is accurate and not misleading; and
(c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.
SUBMISSIONS RELATING TO SITE(S) OR SERVICES
You acknowledge and agree that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Sites, the Site Materials the Services or the Institute provided by you by participating in surveys hosted by the Institute, or any third party vendors, on the Sites or other sites, in the form of email, or any other submissions to the Institute, or any postings on the Sites, are non-confidential and shall be the sole property of the Institute, and that upon submission of such materials to the Institute you thereby assign without additional consideration all right, title or interest you may hold in such materials to the Institute. The Institute shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Institute, its affiliated entities, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Sites, the Site Materials, the Services and any User Content you post, store or otherwise transmit on or through the Sites, the Services or your use of the Interactive Areas, including without limitation, any actual or threatened suit, demand or claim made against the Institute and/or its affiliated entities, independent contractors, licensors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or the Privacy Policy, as each may be amended from time to time, or your violation of any law(s), regulation(s), or the right(s) of any third party.
DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE INSTITUTE, THE SITES, THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES, AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE INSTITUTE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITES. THE INSTITUTE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE INSTITUTE DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE INSTITUTE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE THE INSTITUTE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, THE INSTITUTE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. THE INSTITUTE RESERVES THE RIGHT TO CHANGE OR DELETE ANY AND ALL SITE MATERIALS OR USER CONTENT CONTAINED IN THE SITES AND ANY SERVICES OFFERED THROUGH THE SITES AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY THE INSTITUTE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE INSTITUTE, ITS DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR INDEPENDENT CONTRACTORS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS, OR THE USER CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE INSTITUTE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE INSTITUTE'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE INSTITUTE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS OR THE USER CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE INSTITUTE FOR ACCESS TO OR USE OF THE SITES. IF YOU ARE A REGISTERED LEARNER, YOU ACKNOWLEDGE THAT NO PORTION OF YOUR TUITION SHALL BE CONSIDERED COMPENSATION PAID FOR ACCESS TO OR USE OF THOSE SITES ACCESSIBLE TO LEANERS AS PART OF THEIR PROGRAM OR COURSE OF STUDY. HOWEVER, IF YOU PAY MEMBERSHIP FEES OR ACCESS FEES TO THE INSTITUTE, A PORTION OF SUCH FEES MAY BE CONSIDERED COMPENSATION FOR YOUR USE OF SUCH SITES.
REPRESENTATIONS; REGISTRATION DATA; ACCOUNT SECURITY
In consideration of your use of any of the Sites, the Site Materials and the Services, you represent you are of legal age to form a binding contract. In consideration of your use of any of the Sites, the Site Materials and Services, you agree to:
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data");
(b) maintain and be solely responsible for the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any other information you provide to the Institute, to keep it accurate, current and complete; and
(d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Institute.
USE OF COURSES, MATERIALS, TOOLS AND VIDEO-ASSISTED HIRING AND TRAINING PROCESSES
The Institute will, at its sole option and/or for reasonable compensation, provide access to its proprietary Quality Manager Certification courses, Team-Builder Leadership Seminar courses and materials, and Team-Builder HR Solutions.™ (Access to the Team-Builder HR Solutions™ is specifically limited to those Learners who have successfully completed the Certified Quality Manager courses and assignments.)
As stated in our product descriptions, nothing can guarantee the right hiring choice; or guarantee that a person in your employ will treat your customers right; or guarantee that a person in your employ has the appropriate work ethic or desire to do things right; or guarantee that any person in your employ and who is considered by your personal or corporate standards to be a “high-performer” will succeed as a manager and leader and fulfill your personal or corporate expectations.
The Institute’s materials, tools and video-assisted hiring and training processes are provided for the limited purpose of enabling its Users to present an attractive vision of their personal or corporate values and work culture; lay a foundation of the values and work culture required to work effectively in your employ; and reveal an employee’s or potential employee’s, values, ethics, shared goals and/or attitudes. The decisions for hiring, training, promoting or otherwise affecting the employment of any individual as a result of the use of these materials, tools and video-assisted interview and training processes is strictly and specifically that of the User of these materials, tools, and video-assisted interview and training processes; and the Institute has provided them without any guarantees or warranties in their application or use.
No guarantees are given or implied that the use of the Institute’s courses, materials, tools or video-assisted hiring or training processes’ will specifically improve efficiency, performance, or production or specifically resolve any question or issue related to a person's employment status. The Institutes courses, materials, tools and video-assisted hiring and training processes are offered to the User conditioned upon the User's acceptance without modification of these terms, conditions, and notices; and the User agrees to indemnify and hold the Institute harmless of and from any and all claims, damages, or lawsuits (including reasonable attorneys’ fees) arising as a result of negligent, intentional, unintentional, accidental or misguided use of the courses, materials, tools and video- assisted hiring and training processes; or other acts of the User, its employees, or its agents. Oral statements or other offers do not constitute warranties, and shall not be relied upon by Users or any other persons and are not part of the contract for sale or intended use of the Institute’s courses, materials, tools and video-assisted hiring and training processes.
PAYMENTS, CANCELLATIONS AND REFUNDS
The Institute offers Monthly and One Payment Options for the use of the Institute’s websites and educational services.
(a) Monthly and One Payment Options:
Your choice of a Monthly Payment Option constitutes a contract with the Institute to make four (4), six (6) or twelve (12) regular monthly payments (instead of one payment in advance) for access to the Institute’s Sites and Services.
Your choice of the One Payment Option (at a discounted or "fair market" price from the cumulative amount of a Monthly Payment Option) constitutes a contract with the Institute to make one (1) payment at a discounted or "fair-market" price instead of four (4), six (6) or twelve (12) regular monthly payments for access to the Institute’s Sites and Services.
(1) You will be automatically charged as appropriate; once a month for four (4), six (6) or twelve (12) months if you selected a Monthly Payment Option or one (1) immediate payment for the entire enrollment period if you selected the One Payment Option.
(2) If for any reason the Institute is unable to charge your credit card for each of the four (4), six (6) or twelve (12) payments required by a
Monthly Payment Option or the full amount for a One Payment Option; or if the Institute is charged back for any fee previously charged to your credit card, you agree that the Institute may pursue all available remedies to obtain payment, including without limitation to any legal fees and collection expenses incurred in recovering the payments due; as well as the suspension or termination of your account and rights to all Services.
(b) Payments, Cancellations and Refunds: Cancellations and refunds are subject to a three-tiered policy.
(2) Fourteen Day Cancellation and Refund Policy:
If the original purchaser cancels a Payment Option within fourteen
days of enrollment and contacts the Institute in writing at
admin@QMnation.com to request a refund; the original Payment
will be refunded (less credit card processor fees not to exceed
five percent (5%) of the total purchase) using the method of payment that was originally used to transmit payment to the Institute
(by credit card refund, etc.).
Credit card processing fees are refunded to the Institute at the
sole discretion of the Credit Card Processor and this refund policy
may be modified based upon the individual facts and circumstances
of each transaction. The Institute will take reasonable steps to secure
a full refund of the Purchaser's payment. However, the Institute will
retain the right to withhold from the Purchaser's refund any portion
of the Credit Card Processing charges retained by the Credit Card
Processor (not to exceed five percent (5%) of the total purchase).
(2) Greater than fourteen (14) Days and Less than thirty (30) Days
Cancellation and Refund Policy:
All cancellation requests after fourteen (14) days and within the first thirty (30) days of initial enrollment must be submitted in writing to admin@QMnation.com. The request should include a detailed explanation of why the original purchaser cannot continue. Any cancellation requests approved after fourteen (14) days and within thirty (30) days of enrollment will be in the form of a “transfer credit.” A “transfer credit” enables you to elect to transfer your rights and privileges (course and website access relative to the tuition) to another person of your choice.
(3) Thirty (30) Days or Greater Cancellation and Refund Policy:
Thirty (30) days or greater from the initial enrollment, all course fees are non-refundable and non-transferable.
APPLICABLE LAW AND VENUE
These Terms of Use and your use of the Sites, the Site Materials and the Services (except as otherwise may be provided with respect to Third Party Applications) shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use (except as may be provided with respect to third party copyright complaints) shall be filed only in the state and federal courts located in Orange County, Florida and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
TERMINATION
Notwithstanding anything to the contrary in these Terms of Use, the Institute reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, the Site Materials, the Services or any portion thereof, and to block or prevent your future access to and use of any of the Sites, the Site Materials or the Services.
SEVERABILITY
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be modified by such court to the minimum extent necessary to make such provision enforceable and, if such modification is not possible, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
QUESTIONS & CONTACT INFORMATION
Questions or comments about the Sites may be directed to the Institute at http://qualitymanagementinstitute.com/ContactUs.aspx
LEARNER REGISTRATION FORM
Please complete and submit one Registration Form for each Learner seeking Quality Manager Certification.
All registration forms must include the acceptance of the "Terms of Use."
Click Here to Complete the Learner Registration Form
WELCOME
Thank you for choosing to enroll in the courses and visit the web sites of KTP Business Metrics, Inc., dba Quality Management Institute (the "Institute"). These web site Terms and Conditions ("Terms of Use") apply to your access to, and use of, the Institute's web sites located at www.qualitymanagementinstitute.com as well as any other Institute-controlled sites, regardless of domain name or IP address (collectively "Site" or "Sites") and features and applications accessible through, or in connection with, the Sites (collectively the "Services"). Certain Services may be subject to additional terms and conditions (collectively "Additional Terms") as may be set forth in these Terms of Use, on the Sites or in connection with your use of such Services, and your use of such Services constitutes your agreement to all applicable Additional Terms and such Additional Terms are hereby incorporated by reference into these Terms of Use. Further, these Terms of Use are in addition to the terms or conditions of any other agreement you may have with the Institute, or its affiliates, for products, services or otherwise, including, without limitation, terms, conditions and policies relating to the courses and educational programs provided by the Institute.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SITES OR THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH THE INSTITUTE, THE TERMS OF WHICH GOVERN YOUR USE OF THE SITES. ACCORDINGLY, BY YOUR ACCESS OR USE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITES OR THE SERVICES.
MODIFICATIONS TO TERMS OF USE
The Institute reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any Additional Terms of the Sites, at any time and in its sole discretion. If the Institute changes or modifies these Terms of Use, the Institute will post the changes to these Terms of Use on the Sites and will indicate at the top of this page the date these Terms of Use were last revised. Any changes or modifications will be effective immediately upon posting of the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of any of the Sites or the Services following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check this Site to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to the amended terms, you must stop using the Sites and the Services.
PRIVACY POLICY
The Institute and its affiliates respect the privacy of every individual who visits our websites or responds to our promotions.
(a) General.
The Institute intends to act reasonably to protect your privacy, but obviously cannot guaranty security against "hackers" or other issues beyond our control. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. This notice applies to all information collected or submitted on Institute websites, unless otherwise posted.
(b) Information Collected From You.
Personally Identifiable Information refers to information that is collected in conjunction with your name. The Institute does not collect any personally identifiable information from you unless you provide it voluntarily. If you do not want your personally identifiable information collected, do not submit it to us.
(c) How We Use the Information We Collect.
We use the information that we collect to complete a contact or request; to better understand your needs, to improve our products and services, and to contact you.
(d) Sharing Information That You Provide With Others.
Generally we do not give or sell your information, including your personally identifiable information, with outside companies except in the following situations:
(1) Blogs and Online Communities.
You may choose to submit information as part of a blog or online community offered by the Institute. Any information you choose to, post including personally identifiable information, may be available generally to the public, or to other members of the blog or online community.
(2) Subcontractors.
We may share your information with subcontractors that provide us with services. These services may include, among other things, helping to provide services that you request, helping to create or maintain our databases, helping to research and analyze the people who request services or information from us, helping to provide marketing or solicitation materials for our products or services, and/or helping to process payment card information.
(3) Law Enforcement.
We may report to law enforcement agencies any activities that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity. In addition, we reserve the right to release your information to law enforcement agencies if we determine, in our sole judgment, that either you have violated our policies, or the release of your information may protect the rights, property or safety of you or another person.
(4) Permitted by Law.
We may share your information with others as required by, or permitted by, law. This may include sharing your information with governmental entities, or third parties in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us.
(5) Transfers.
In the event that the Institute, or substantially all of the Institute’s assets, are acquired, your Information will be transferred to the acquiring entity. In such a situation, you will be provided with notice that a transfer of your Information is imminent, and you will be given an opportunity to opt-out of the transfer of your information.
(e) Children (under age 17).
All persons age 17 or under must ask for and receive their parents' or guardian's permission before sending any information about themselves to us or to anyone online or over the Internet. Parents or guardians of persons under age 17 must send us an email indicating their approval of the child's participation in any of the services/resources that require collection of personal information on our websites.
(f) Parents/Guardians.
Any information collected by Institute from children is used only for the sole purpose of delivering the requested service/materials. If you have a question, or would like to review or delete your child's personally identifiable information, contact us via one of the methods listed at the bottom of this statement.
(g) Third-party websites.
Links to third-party websites on Institute sites are provided solely as a convenience to you. If you use these links, you will leave the Institute site. Institute does not review all third-party sites, nor does it control or assume responsibility for the content or privacy policies of any of these sites. Thus, Institute does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access a third-party site linked to a Institute website, you do so at your own risk.
If you are an employee, affiliate or independent contractor of the Institute, you should also refer to your applicable Contract or Handbook.
EMPLOYEES, AFFILIATE’S AND CONTRACTORS
If you are an employee, affiliate, or independent contractor of the Institute, you have certain responsibilities with respect to your conduct as set forth in the applicable Contract or Handbook. Your conduct on the Sites is subject to and must fully conform with: a.) the terms set out in the applicable Contract or Handbook; b.) any Additional Terms set out on the Site(s) and c.) any other agreements or acknowledgements that may be applicable to you. Violation of any of the Institution’s policies and procedures, employment or contractual agreements or acknowledgments or Additional Terms may result in appropriate sanctions, as determined in the Institution’s sole discretion, up to and including termination of your employment, affiliation or contractor status in addition to any other consequence, penalty or liability that may result from such behavior. In the event of any conflict between these Terms of Use (including any Additional Terms) and any policy in the applicable Institution’s Contract or Handbook, or other term of employment, affiliation or contractual agreement, the order of precedence to resolve such conflicts shall be as follows: a.) the terms of any specific agreement or acknowledgment; b.) the applicable Institution’s Contract, Handbook or policies; and c.) these Terms of Use. Notwithstanding the previous sentence, the Institute reserves the right to resolve any such conflicts in their sole discretion.
COPYRIGHT AND LIMITED LICENSE FROM THE INSTITUTE
Unless otherwise indicated in the Sites, the Sites, the Services and all content and other materials on the Sites including, without limitation, the Institute logo, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of the Institute, or their licensors or users and are protected by U.S. and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Sites, the Site Materials and the Services, and to print hard copy portions of the Site Materials, for your educational, non-commercial and personal use only. Such license is subject to these Terms of Use, the applicable Additional Terms, if any, and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to:
(a) resell, lease, transfer, lend, timeshare, syndicate or commercially use the Sites, Site Materials or the Services;
(b) decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, the Site Materials or the Services;
(c) distribute, publicly perform or publicly display the Sites, the Site Materials or the Services;
(d) modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;
(e) use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
(f) download, index or in any non-transitory manner store or cache any portion of the Sites, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Sites;
(g) remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, the Site Materials or any Services;
(h) create or attempt to create a substitute or similar service or product through the use of or access to the Sites, the Site Materials, the Services or any proprietary information related thereto; or
(i) use the Sites, the Site Materials or the Services other than for its intended purpose.
Any use or attempted use of the Sites, the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of the Institute, or its licensors, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use or any applicable Additional Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, in the Institute's sole discretion.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Institute will terminate, in appropriate circumstances and at the Institute's sole discretion, users, subscribers or account holders who are deemed to be repeat infringers. The Institute may also, at its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Notwithstanding the foregoing, users who are Registered Learners of the Institute will also be subject to the policies and procedures set forth in the Institute’s policies and procedures in addition to these Terms of Use. All employees, affiliates and independent contractors of the Institute, will also be subject to the policies and procedures set forth in the applicable Institution’s Contract, Handbook or policies and procedures which are in addition to these Terms of Use.
TRADEMARKS
All logos and any other product or service name or slogan contained in the Sites are trademarks of the Institute, or their suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of the Institute or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "Quality Management Institute" or any other name, trademark or product or service name of the Institute without our express prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Institute and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Institute.
HYPERLINKS
The Institute makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from the Sites, or web sites linking to the Sites. Such sites are not under the control of the Institute and the Institute is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Institute provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Institute of any site or any information contained therein. When you leave the Sites, these Terms of Use will no longer govern your Internet browser session. Your use of any site to which you navigate from the Sites will be subject to that site's terms of use, if any, and its privacy and data gathering policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
THIRD PARTY CONTENT AND APPLICATIONS
In addition to official pages on the Sites containing the content of the Institute in support of the Institute's mission or related administrative business, our Sites may include third party content on the Sites and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information, including content and views of various individuals such as employees, affiliates, independent contractors, learners, faculty, or members of the public. The views expressed in such Third Party Content should not be construed as representing the views of the Institute. In addition, the Sites may include certain applications, features, programs and services provided by third parties (the "Third Party Applications"). The Institute does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The Institute is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided "as is." Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Users use such Third Party Content and Third Party Applications at their own risk.
THIRD PARTY PRODUCTS, SERVICES, ADVERTISEMENTS AND PROMOTIONS
The Institute may provide information about or links to third party products or services on the Sites or may run third party advertisements or promotions on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. The Institute is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Institute advertisers or third party information on the Sites.
USER CONTENT AND CONDUCT
The Sites or the Services may include public or restricted access discussion forums, or other interactive areas or services ("Interactive Areas"), including chat rooms or message boards, online hosting or storage services, mobile applications, tablet applications, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites ("User Content"). Interactive Areas are provided "as is". You are solely responsible for your use of such Interactive Areas and use them at your own risk.
If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
(a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
(c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
(d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(e) Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of the Sites, or collecting names and emails addresses for the purpose of sending unsolicited emails;
(f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(g) Viruses, corrupted data or other harmful, disruptive or destructive files; and
(h) User Content that, in the sole judgment of the Institute, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose the Institute or its users to any harm or liability of any type.
This list of prohibitions provides examples and is not complete or exclusive.
By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.
In addition, if you are a Learner at the Institute you have certain responsibilities with respect to your conduct as set forth by the Institute’s policies regarding Learner use of computing resources and other applicable policies. Your conduct on the Sites is subject to and must fully conform with these policies. Violation of the Catalog policies may result in appropriate sanctions, as determined in the Institute's sole discretion, in addition to any other consequence, penalty or liability that may result from such behavior. In the event of any conflict between these Terms of Use and any policy in the Institute Catalog, the Institute Catalog policies shall take precedence. Notwithstanding the previous sentence, the Institute reserves the right to resolve any such conflicts in its sole discretion.
You further agree not to access or attempt to access any Interactive Areas which you are not authorized to access or to provide or facilitate access to any nonpublic Interactive Area by any unauthorized user.
Any use of the Interactive Areas or other portions of the Sites, the Site Materials or the Services in violation of these Terms of Use, including the foregoing, may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites, the Site Materials or the Services.
The Institute takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or resulting therefrom, nor is the Institute liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, the Institute is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Accordingly, the Institute has no obligation to screen, edit, or monitor User Content or the Interactive Areas. However, the Institute reserves the right, and has absolute discretion, to refuse, block, move, or remove any User Content posted or stored on the Sites at any time with or without cause and for any reason or no reason, with or without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites or through the Services at your sole cost and expense. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect the Institute's systems and customers, or to ensure the integrity and operation of the Institute's business and systems, the Institute may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. The Institute's right to disclose any such information as set forth herein shall supersede and control any conflicting terms of the Institute's Privacy Policy.
Except as explicitly indicated in these Terms of Use, or unless otherwise indicated on the Sites or in connection with your use of the Services, if you post User Content to any of the Sites or in connection with the Services, you retain all rights in and to such User Content. You grant the Institute, its affiliates, and third party service providers a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant the Institute and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, at their sole discretion. You specifically acknowledge and agree that the Institute has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with your User Content and the Institute will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. No royalties will be paid to you or any third party for your User Content. Nothing in these Terms of Use obligates or may be deemed to obligate the Institute to sell, license or offer to sell or license any advertising, promotion or distribution rights. You represent and warrant that:
(a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites and license such User Content to the Institute and its affiliates as herein provided;
(b) the User Content is accurate and not misleading; and
(c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.
SUBMISSIONS RELATING TO SITE(S) OR SERVICES
You acknowledge and agree that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Sites, the Site Materials the Services or the Institute provided by you by participating in surveys hosted by the Institute, or any third party vendors, on the Sites or other sites, in the form of email, or any other submissions to the Institute, or any postings on the Sites, are non-confidential and shall be the sole property of the Institute, and that upon submission of such materials to the Institute you thereby assign without additional consideration all right, title or interest you may hold in such materials to the Institute. The Institute shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Institute, its affiliated entities, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Sites, the Site Materials, the Services and any User Content you post, store or otherwise transmit on or through the Sites, the Services or your use of the Interactive Areas, including without limitation, any actual or threatened suit, demand or claim made against the Institute and/or its affiliated entities, independent contractors, licensors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or the Privacy Policy, as each may be amended from time to time, or your violation of any law(s), regulation(s), or the right(s) of any third party.
DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE INSTITUTE, THE SITES, THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES, AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE INSTITUTE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITES. THE INSTITUTE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE INSTITUTE DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE INSTITUTE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE THE INSTITUTE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, THE INSTITUTE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. THE INSTITUTE RESERVES THE RIGHT TO CHANGE OR DELETE ANY AND ALL SITE MATERIALS OR USER CONTENT CONTAINED IN THE SITES AND ANY SERVICES OFFERED THROUGH THE SITES AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY THE INSTITUTE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE INSTITUTE, ITS DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR INDEPENDENT CONTRACTORS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS, OR THE USER CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE INSTITUTE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE INSTITUTE'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE INSTITUTE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS OR THE USER CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE INSTITUTE FOR ACCESS TO OR USE OF THE SITES. IF YOU ARE A REGISTERED LEARNER, YOU ACKNOWLEDGE THAT NO PORTION OF YOUR TUITION SHALL BE CONSIDERED COMPENSATION PAID FOR ACCESS TO OR USE OF THOSE SITES ACCESSIBLE TO LEANERS AS PART OF THEIR PROGRAM OR COURSE OF STUDY. HOWEVER, IF YOU PAY MEMBERSHIP FEES OR ACCESS FEES TO THE INSTITUTE, A PORTION OF SUCH FEES MAY BE CONSIDERED COMPENSATION FOR YOUR USE OF SUCH SITES.
REPRESENTATIONS; REGISTRATION DATA; ACCOUNT SECURITY
In consideration of your use of any of the Sites, the Site Materials and the Services, you represent you are of legal age to form a binding contract. In consideration of your use of any of the Sites, the Site Materials and Services, you agree to:
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data");
(b) maintain and be solely responsible for the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any other information you provide to the Institute, to keep it accurate, current and complete; and
(d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Institute.
USE OF COURSES, MATERIALS, TOOLS AND VIDEO-ASSISTED HIRING AND TRAINING PROCESSES
The Institute will, at its sole option and/or for reasonable compensation, provide access to its proprietary Quality Manager Certification courses, Team-Builder Leadership Seminar courses and materials, and Team-Builder HR Solutions.™ (Access to the Team-Builder HR Solutions™ is specifically limited to those Learners who have successfully completed the Certified Quality Manager courses and assignments.)
As stated in our product descriptions, nothing can guarantee the right hiring choice; or guarantee that a person in your employ will treat your customers right; or guarantee that a person in your employ has the appropriate work ethic or desire to do things right; or guarantee that any person in your employ and who is considered by your personal or corporate standards to be a “high-performer” will succeed as a manager and leader and fulfill your personal or corporate expectations.
The Institute’s materials, tools and video-assisted hiring and training processes are provided for the limited purpose of enabling its Users to present an attractive vision of their personal or corporate values and work culture; lay a foundation of the values and work culture required to work effectively in your employ; and reveal an employee’s or potential employee’s, values, ethics, shared goals and/or attitudes. The decisions for hiring, training, promoting or otherwise affecting the employment of any individual as a result of the use of these materials, tools and video-assisted interview and training processes is strictly and specifically that of the User of these materials, tools, and video-assisted interview and training processes; and the Institute has provided them without any guarantees or warranties in their application or use.
No guarantees are given or implied that the use of the Institute’s courses, materials, tools or video-assisted hiring or training processes’ will specifically improve efficiency, performance, or production or specifically resolve any question or issue related to a person's employment status. The Institutes courses, materials, tools and video-assisted hiring and training processes are offered to the User conditioned upon the User's acceptance without modification of these terms, conditions, and notices; and the User agrees to indemnify and hold the Institute harmless of and from any and all claims, damages, or lawsuits (including reasonable attorneys’ fees) arising as a result of negligent, intentional, unintentional, accidental or misguided use of the courses, materials, tools and video- assisted hiring and training processes; or other acts of the User, its employees, or its agents. Oral statements or other offers do not constitute warranties, and shall not be relied upon by Users or any other persons and are not part of the contract for sale or intended use of the Institute’s courses, materials, tools and video-assisted hiring and training processes.
PAYMENTS, CANCELLATIONS AND REFUNDS
The Institute offers Monthly and One Payment Options for the use of the Institute’s websites and educational services.
(a) Monthly and One Payment Options:
Your choice of a Monthly Payment Option constitutes a contract with the Institute to make four (4), six (6) or twelve (12) regular monthly payments (instead of one payment in advance) for access to the Institute’s Sites and Services.
Your choice of the One Payment Option (at a discounted or "fair market" price from the cumulative amount of a Monthly Payment Option) constitutes a contract with the Institute to make one (1) payment at a discounted or "fair-market" price instead of four (4), six (6) or twelve (12) regular monthly payments for access to the Institute’s Sites and Services.
(1) You will be automatically charged as appropriate; once a month for four (4), six (6) or twelve (12) months if you selected a Monthly Payment Option or one (1) immediate payment for the entire enrollment period if you selected the One Payment Option.
(2) If for any reason the Institute is unable to charge your credit card for each of the four (4), six (6) or twelve (12) payments required by a
Monthly Payment Option or the full amount for a One Payment Option; or if the Institute is charged back for any fee previously charged to your credit card, you agree that the Institute may pursue all available remedies to obtain payment, including without limitation to any legal fees and collection expenses incurred in recovering the payments due; as well as the suspension or termination of your account and rights to all Services.
(b) Payments, Cancellations and Refunds: Cancellations and refunds are subject to a three-tiered policy.
(2) Fourteen Day Cancellation and Refund Policy:
If the original purchaser cancels a Payment Option within fourteen
days of enrollment and contacts the Institute in writing at
admin@QMnation.com to request a refund; the original Payment
will be refunded (less credit card processor fees not to exceed
five percent (5%) of the total purchase) using the method of payment that was originally used to transmit payment to the Institute
(by credit card refund, etc.).
Credit card processing fees are refunded to the Institute at the
sole discretion of the Credit Card Processor and this refund policy
may be modified based upon the individual facts and circumstances
of each transaction. The Institute will take reasonable steps to secure
a full refund of the Purchaser's payment. However, the Institute will
retain the right to withhold from the Purchaser's refund any portion
of the Credit Card Processing charges retained by the Credit Card
Processor (not to exceed five percent (5%) of the total purchase).
(2) Greater than fourteen (14) Days and Less than thirty (30) Days
Cancellation and Refund Policy:
All cancellation requests after fourteen (14) days and within the first thirty (30) days of initial enrollment must be submitted in writing to admin@QMnation.com. The request should include a detailed explanation of why the original purchaser cannot continue. Any cancellation requests approved after fourteen (14) days and within thirty (30) days of enrollment will be in the form of a “transfer credit.” A “transfer credit” enables you to elect to transfer your rights and privileges (course and website access relative to the tuition) to another person of your choice.
(3) Thirty (30) Days or Greater Cancellation and Refund Policy:
Thirty (30) days or greater from the initial enrollment, all course fees are non-refundable and non-transferable.
APPLICABLE LAW AND VENUE
These Terms of Use and your use of the Sites, the Site Materials and the Services (except as otherwise may be provided with respect to Third Party Applications) shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use (except as may be provided with respect to third party copyright complaints) shall be filed only in the state and federal courts located in Orange County, Florida and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
TERMINATION
Notwithstanding anything to the contrary in these Terms of Use, the Institute reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, the Site Materials, the Services or any portion thereof, and to block or prevent your future access to and use of any of the Sites, the Site Materials or the Services.
SEVERABILITY
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be modified by such court to the minimum extent necessary to make such provision enforceable and, if such modification is not possible, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
QUESTIONS & CONTACT INFORMATION
Questions or comments about the Sites may be directed to the Institute at http://qualitymanagementinstitute.com/ContactUs.aspx
LEARNER REGISTRATION FORM
Please complete and submit one Registration Form for each Learner seeking Quality Manager Certification.
All registration forms must include the acceptance of the "Terms of Use."
Click Here to Complete the Learner Registration Form
