IASSC Proctor - Terms & Conditions
IMPORTANT: READ THIS VERY CAREFULLY!
The International Association for Six Sigma Certification™ (IASSC®), in its sole discretion, conditionally grants the privileges contained herein to the applicable individuals permitted to participate in the IASSC Proctor Program. Each Proctor hereby warrants and represents that the Proctor will comply with the Terms and Conditions contained herein.
Exam access and/or vouchers and given authority to distribute access to IASSC Certification Exams, including both On-Demand Web-Based Testing (IASSC Proctored) and Pearson VUE Testing Centers (IASSC Proctored).
Exam Session(s) – when and where an IASSC Certification Exam is taken by Examinees under the control of an authorized IASSC Proctor.
Examinee(s) – an individual(s) who takes an IASSC Certification Exam.
IASSC Proctor – an individual, typically employed or contracted by an IASSC Exam Administrator, who is given authority by IASSC, subject to the terms and conditions herein, to administer IASSC Certification Exams.
IASSC Certification Examinations – an examination given to an examinee seeking Certification by IASSC.
IASSC Exam Administrator – the entity and its designated representatives given authority to administer IASSC Certification Exams, including, but not limited to, Computer Based Testing (Provider Proctored) and Paper & Pencil Exam Packets (Provider Proctored).
IASSC Exam Distributor – the entity and its designated representatives supplied with bulk IASSC Certification
Member – any individual or entity that maintains a professional relationship with IASSC as an accredited entity, a certified party or an Exam Administrator and/or Exam Distributor or Proctor.
Services — all information, content, products, materials, programs and services made available to You through www.iassc.org by us and/or related third parties utilized by us in carrying out IASSC Services.
Site — the iassc.org and/or orders.iassc.org website.
Us / IASSC — the International Association for Six Sigma Certification.
You / Your – the individual applicant looking to preform the role of an IASSC Proctor.
IASSC PROCTOR TERMS AND CONDITIONS:
1. You are granted the designation of IASSC Proctor for a 12-month period from the date of application approval, which may be given via email. The term will automatically renew if You perform the role of an IASSC Proctor by conducting 5 or more exams within a 12-month period. Otherwise, it will automatically cancel unless You specifically request non-cancellation prior to the scheduled automatic cancellation date.
2. You understand and agree that IASSC may conduct due diligence to verify the information that You provided in the application. Third parties may be contacted to confirm the information provided in the application. You waive any claims against IASSC for breach of privacy or confidentiality during this verification process that could arise from the good faith verification activities and/or any other investigation that IASSC conducts as IASSC determines in its sole and absolute discretion.
3. In the event of any changes, including but not limited to a change in Your affiliation with an Exam Administrator, to contact information or any other substantive changes to the information provided in the application, You shall provide IASSC electronic mail notice of such changes within thirty (30) days of such changes.
4. You agree that IASSC, in its sole discretion, may publicly list or designate You as an IASSC Proctor on the IASSC website. Listing may include a link to your Public Profiles, along with other non-confidential information associated with You. IASSC has the right to list information concerning Your status or standing with IASSC within Your public IASSC Proctor Profile, whether negative or positive, including results of investigations conducted, breaches of code of conduct, etc.
6. Should it be suspected that You have breached any of these Terms and Conditions, IASSC shall give written notice of such potential breaches. Electronic mail shall serve as an acceptable means of providing written notice as to any potential breach. You shall have seven (7) days to provide evidence of the cure of the applicable breach or default, or IASSC may take any and all applicable disciplinary measures in accordance with the IASSC Disciplinary Policy. The IASSC Appeals Process shall apply in the event any disciplinary measures are taken by IASSC.
7. In its sole and absolute discretion, for any reason or no reason at all, IASSC maintains the right to revoke the privileges You have been granted as an IASSC Proctor.
8. You affirm, under penalty of perjury, that all information provided in the application for the IASSC Proctor Program is correct and complete.
9. You, operating as an authorized IASSC Proctor, agree to administer the IASSC Certification Examinations in a manner consistent with these Terms and Condition and in accordance with the Rules, Regulations, Process & Procedures for: Computer Based Testing (detailed here) and Paper & Pencil Exam Packet testing (detailed here).
10. You, operating as an authorized IASSC Proctor, agree to act in a manner that will avoid conflict of interest and bias, understanding the importance of impartiality in carrying out IASSC exam administration activities, and will attempt to avoid conflicts of interest, as well as strive to ensure the objectivity of Your duties in this regard.
11. You, operating as an authorized IASSC Proctor, agree that IASSC maintains the right to conduct audits of Exam Sessions that you have administered in your role as an IASSC Proctor. You agree to fully cooperate in good faith and in an expeditious manner with IASSC during any audit, investigation, inquiry or any other matter arising out of or related to any Exam Session in which you served as an IASSC Proctor.
12. You acknowledge the content of the IASSC Certification Examinations are proprietary information owned by IASSC and the intellectual property of IASSC and shall therefore not be copied or reproduced or utilized in any manner not described herein or in any associated documentation referenced herein. You acknowledge that You, as an IASSC Proctor, have an affirmative duty and responsibility to protect the IASSC Certification Examinations and your failure to do will have financial consequences and result in irreparable harm to IASSC. You agree to indemnify and fully compensate IASSC for any and all damages (including attorneys’ fees and costs associated with any investigation or corrective action) resulting to IASSC from any violation of the Marks Usage Policy or breach of other intellectual property rights, such as stolen or copied IASSC Exams and/or Exam questions, caused in whole or in part by (i) the negligence of You acting as an IASSC Proctor, such as Your failure to collect all scrap paper and other materials, or Your failure to reasonably monitor the examinees; or Your failure to comply with any applicable exam administration Rules, Regulations, Process & Procedures; or (ii) Your failure to notify IASSC in writing about Your negligence or breach of any applicable exam administration Rules, Regulations, Process & Procedures. If not already required by the Exam Administrator, IASSC strongly recommends, that given the magnitude of your potential liability, You video record each examination session to serve as evidence that You are complying with all applicable exam administration Rules, Regulations, Process & Procedures. For example, a Proctor causes an exam to be leaked, in which case IASSC can never use the exam again and must pay $20,000 to develop an entirely new set of exam questions; the Exam Administrator and the Proctor would be jointly and severally liable pay the applicable $20,000, in addition to any other ancillary costs and expenses.
GENERAL TERMS AND CONDITIONS:
Disclaimer Of Warranties
IASSC PROVIDES ANY AND ALL SERVICES AND INFORMATION ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. IASSC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation Of Liability And Release
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER IASSC, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES NOR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE OR ANY SERVICES, REGARDLESS IF CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE OF IASSC AND REGARDLESS OF THE FORM OF ACTION, THE BASIS OF THE CLAIM, OR WHETHER OR NOT IASSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BEYOND THE MONETARY AMOUNT YOU PAID FOR THE SERVICES.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
You agree to defend, indemnify and hold IASSC harmless against any losses, expenses, costs or damages (including our attorneys’ fees, expert fees’ and other costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions contained in this Agreement and/or the Site, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding obligation to defend will end; however, your duty to indemnify shall continue.
You agree that you will not publish on the Internet, directly or indirectly, any statement about the Services, IASSC or any agent thereof that is defamatory, is published for a commercial purpose (unless expressly agree by IASSC in writing), constitutes false advertising (including as prohibited by 15 U.S.C. § 1125), is tortious, or is otherwise prohibited by applicable law.
This Agreement shall be governed in accordance with the laws of the State of Arizona, USA, notwithstanding any conflict-of-law provisions to the contrary. Additionally, you also agree that the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995, UN Convention on Contracts for the International Sales of Goods and the Uniform Computer Information Transactions Act (UCITA) will not apply to this Agreement or any interpretation or disputes relating thereto.
Waiver Of Jury Trial
You hereby irrevocably waive your right to trial by jury in any action or proceeding arising out of this Agreement or the transactions relating to its subject matter.
With the exception of IASSC’s claims against you relating to nonpayment or injunctive relief, all disputes and claims relating to this Agreement or any other agreement entered into between the parties, the rights and obligations of the parties, or any other claims or causes of action relating to the making, interpretation, or performance of either party under this Agreement, shall be settled by arbitration in Maricopa County, Arizona, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Any arbitration proceeding, or any claim in arbitration (including any defense and any claim of setoff or recoupment), must be brought or asserted within one (1) year after the action or inaction occurred that gave rise to such claim or defense, regardless of any statute of limitations, time of discovery statute or rule, savings statute, tolling statute or doctrine, equitable doctrine, or other theory that may be used to extend the time in which a claim or defense can be asserted. Once a written demand for arbitration is made by a party, the other party shall respond to the demand within ten (10) business days; failure to respond will permit the demanding party to seek resolution through litigation in Maricopa County Superior Court. However, in the event the non-responding party attempts to subsequently participate in the Superior Court litigation, the demanding party, at its election, may compel the matter to be arbitrated in accordance with this Agreement. To the extend a party attempts to contest the enforceability of this arbitration provision, arbitrability will be decided by the arbitrator, and the parties hereby waive the portion of A.R.S. § 12-1501 that appears to state that a party may contest arbitrability based upon grounds available in law or in equity for the revocation of any contract. Neither party shall pursue class claims and/or consolidate the arbitration with any other proceeding to which IASSC is a party. Each party must bear its own costs of arbitration; provided, however, that all arbitration fees shall be initially shared equally by the parties. Any failure to equally share arbitration fees prior to the issuance of an arbitration award shall be considered a default and shall permit the non-defaulting party to move for judgment by default, which shall be awarded unless the default is cured within five (5) business days. The arbitrator’s award shall include all arbitration fees, costs and attorneys’ fees for the prevailing party. The arbitrators shall have no authority to amend or modify the terms of the Agreement. Judgment upon the award of the arbitrator shall be submitted for confirmation to the United States District Court for the District of Arizona and, if confirmed, may be subsequently entered in any court having competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of this Agreement.
Notwithstanding the foregoing, IASSC’s claims against you relating to nonpayment or injunctive relief may be litigated in the Superior Court of Maricopa County, Arizona, and the parties expressly waive any objections to such jurisdiction and venue and irrevocably consent and submit to the personal and subject matter jurisdiction of such court in any action or proceeding. In the event you participate in the Superior Court litigation by asserting any defense and/or claim, IASSC, at its election and while continuing to seek injunctive relief from the Superior Court, may compel all other matters, not pertaining to IASSC’s pursuit of injunctive relief against you, to be arbitrated in accordance with this Agreement.
Class Action Waiver
You hereby agree to waive any class action proceeding or counterclaim against IASSC, its affiliates, successors or assigns, whether at law or equity, regardless of which party brings suit. This waiver shall apply to any matter whatsoever between the parties hereto which arises out of or is related in any way to this Agreement or the Services, the performance of either party, and/or your purchase from IASSC, its affiliates, successors or assigns.
In the event of a breach or threatened breach by you of any of the provisions of this Agreement pertaining to intellectual property, disparagement, or unauthorized use of the Site, you hereby consent and agree that IASSC shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief. Upon the issuance of any injunctive relief, IASSC shall be entitled to recover from you, as part of the its costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
Attorneys’ Fees And Legal Expenses
If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court and/or arbitrator, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
This Agreement is personal to you and you may not assign this Agreement or the rights and obligations hereunder to any third party.
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
Survival Of Terms
Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights and licensing provisions set forth in this Agreement.
Limitation On Actions
You agree that any claim or defense arising out of or related to the use of the Site or Services, or otherwise relating to this Agreement, must be brought or asserted within one (1) year after the action or inaction occurred that gave rise to such claim or defense or will be forever barred, regardless of any statute of limitations, time of discovery statute or rule, savings statute, tolling statute or doctrine, equitable doctrine, or other theory that may be used to extend the time in which a claim or defense can be asserted.
I understand that IASSC is not, nor is affiliated with, a governmental agency, and that the Lean Six Sigma Industry is not regulated by any state or federal governmental agency or single authority. IASSC Lean Six Sigma Accreditation(s), Certification(s) and Bodies of Knowledge are voluntarily adopted by professionals in the Lean Six Sigma Industry. I understand that when IASSC uses terms such as “Industry”, “The Industry”, “Industry Standard”, “Universally Accepted”, “Generally Accepted” and other generalized terms, the terms are meant as a generalization of IASSC’s characterization of what it believes to be the industry standard and/or majority view of what constitutes the industry standard. I understand that IASSC endeavors to represent the voice of the industry’s majority, and that because it is not practical to survey and interview every organization and professional involved in Lean Six Sigma, IASSC has used reasonable methods and efforts to define and establish Lean Six Sigma standards for the purpose of supplying the Industry with standards that are viable and practical minimum competency standards. I understand that my engagement with IASSC, as described herein, constitutes my agreement with, alignment towards and support of, the IASSC standards, and I will use my best efforts, judgment and actions to uphold and defend these standards.
I understand and agree that IASSC maintains the right to modify all Terms and Conditions herein as it deems necessary from time to time without notice, and that it is my responsibility to review all Terms and Conditions on a regular basis.