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Website User Agreement

Thank you for using StatStuff. We appreciate your time to check out our many Lean Six Sigma (LSS) resources.  As a general summary, this agreement describes how your use of any of StatStuff's resources and information is without warranty and we don't guarantee you will receive the same outcome or benefits described in any of the StatStuff resources as examples of how LSS was applied.  In short, your use of any of StatStuff's resources is at your own risk and without warranty, and you agree to not hold StatStuff liable for any errors, omission, misuse or misinterpretation of any of our resources. 

This StatStuff User Agreement (the “Agreement”) is entered into by and between StatStuff Inc. ("StatStuff" or the “Company”), and you and contains the terms and conditions governing the use and application of all resources provided by StatStuff.  “We,” “us,” or “our” means StatStuff Inc. or any of its affiliate companies, as the case may be. “You” or “your” means yourself, the person or entity accessing or using any of StatStuff's resources.  “StatStuff Site” means the StatStuff.com site or any other U.S. site that is owned or operated by or on behalf of us or our affiliates and which is identified as participating in this Agreement.

1. ACCEPTANCE OF TERMS

StatStuff provides its resources to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. Please read this page carefully. If you do not accept the TOS stated here, do not use the StatStuff site or any of its resources. By using the StatStuff site, you are indicating your continuing acceptance to be bound by the terms of these TOS. StatStuff may revise these TOS at any time by updating this page. You should visit this page periodically to review the TOS, because they are binding on you.

2. DESCRIPTION OF SERVICE

StatStuff currently provides users with access to many online resources, including, but not limited to, training videos, training files and documents, various communications tools, online discussion forums, shopping services, career services, personalized content, and branded programming through its marketplace (the “Service”). You understand and agree that the Service is provided “AS-IS” and that StatStuff assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings or third party content.

In order to use the Service, you must obtain access to the internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the internet, including a computer and modem or other access device.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or StatStuff has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, StatStuff has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. STATSTUFF PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy and will not be disclosed to outside companies without your express written or verbal approval or valid court order.

 

5. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not StatStuff, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. StatStuff does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will StatStuff be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to not use the Service to:

a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

b. impersonate any person or entity, including, but not limited to, an StatStuff official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

d. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

e. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

f. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

g. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

h. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

k. collect or store personal data about other users.

You acknowledge that StatStuff does not pre-screen Content, but that StatStuff and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, StatStuff and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable or that they deem appropriate. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by StatStuff or submitted to StatStuff, including without limitation information in any parts of the Service.

You acknowledge and agree that StatStuff may preserve Content and any other data and may also disclose Content or data if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of StatStuff, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. PUBLIC CONTENT POSTED TO STATSTUFF

(a) For purposes of the TOS, “publicly accessible areas of the Service” are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public clubs or forums, but would not include private clubs or forums, private information posted on the Job Shop career area, or private StatStuff communication services.

(b) With respect to Content you elect to post for inclusion in publicly accessible areas of StatStuff or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant StatStuff and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant StatStuff and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy or the intellectual property rights of others and will not cause injury to any person or entity; and that you will indemnify StatStuff or its affiliates for all claims resulting from content you supply. StatStuff has the right but not the obligation to monitor and edit or remove any activity or content. StatStuff takes no responsibility and assumes no liability for any content posted by you or any third party.

(c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant StatStuff and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant StatStuff and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy or the intellectual property rights of others and will not cause injury to any person or entity; and that you will indemnify StatStuff or its affiliates for all claims resulting from content you supply. StatStuff has the right but not the obligation to monitor and edit or remove any activity or content. StatStuff takes no responsibility and assumes no liability for any content posted by you or any third party.

8. INDEMNITY

You agree to indemnify and hold StatStuff, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

9. NO RESALE OF SERVICE

StatStuff grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of StatStuff. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of StatStuff. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of StatStuff and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing StatStuff’s name or trademarks without the express written consent of StatStuff. Any unauthorized use terminates the permission or license granted by StatStuff. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to StatStuff so long as the link does not portray StatStuff, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any StatStuff logo or other proprietary graphic or trademark as part of the link without express written permission. 

10. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that StatStuff may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on StatStuff’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that StatStuff has no responsibility or liability for the deletion or failure to store any personal information, messages and other communications, or other Content maintained or transmitted by the Service. You acknowledge that StatStuff reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that StatStuff reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

11. MODIFICATIONS TO SERVICE

StatStuff reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that StatStuff shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERMINATION

You agree that StatStuff, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if StatStuff believes that you have violated or acted inconsistently with the letter or spirit of the TOS or if it appears that your account has been accessed without authorization. StatStuff may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be affected without prior notice, and acknowledge and agree that StatStuff may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that StatStuff shall not be liable to you or any third-party for any termination of your access to the Service.

13. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that StatStuff shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

14. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because StatStuff has no control over such sites and resources, you acknowledge and agree that StatStuff is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that StatStuff shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. STATSTUFF’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by StatStuff or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

StatStuff grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by StatStuff for use in accessing the Service.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STATSTUFF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 
b. STATSTUFF MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STATSTUFF OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

 

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT STATSTUFF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STATSTUFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY or any transaction with any third party ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

18. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again as they apply to you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes.  StatStuff advises you to only use the Service for information purposes, you proceed at your own risk if you use the Service for other than informational purposes.  StatStuff shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

20. NOTICE

Notices to you may be made via either email or regular mail. It is your responsibility to ensure that your contact information remains current. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

21. TRADEMARK INFORMATION

StatStuff, the StatStuff logo, StatStuff.com, the StatStuff.com logo and other StatStuff logos and product and service names are trademarks of StatStuff Inc. (the “StatStuff Marks”). Without StatStuff’s prior permission, you agree not to display or use in any manner, the StatStuff Marks. StatStuff’s trademarks and trade dress may not be used in connection with any product or service that is not StatStuff’s and in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits StatStuff. All other trademarks not owned by StatStuff or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by StatStuff or its subsidiaries. “Six Sigma” is a registered trademark of Motorola, Inc.

22. COPYRIGHTS AND COPYRIGHT AGENTS

All content included on this site, such as text, graphics, logos, button, icons, images, video clips, audio clips, digital downloads, data compilations, and software, is the property of StatStuff or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of StatStuff and protected by U.S. and international copyright laws. All software used on this site is the property of StatStuff or its software suppliers and protected by United States and international copyright laws.

StatStuff respects the intellectual property of others, and we ask our users to do the same. Pursuant to Title II of the Digital Millennium Copyright Act, if you believe that your work has been copied in a way that constitutes copyright infringement, please provide StatStuff’s Copyright Agent the following information:
* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 
* a description of the copyrighted work that you claim has been infringed;
* a description of where the material that you claim is infringing is located on the site; 
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 
* a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

StatStuff’s Copyright Agent for Notice of claims of copyright infringement on its site can be reached at:
StatStuff, Inc.
705-B SE Melody Lane #245
Lee's Summit, MO 64063

23. GENERAL INFORMATION

The TOS constitute the entire agreement between you and StatStuff and govern your use of the Service, superseding any prior agreements between you and StatStuff. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and StatStuff shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You and StatStuff agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Jackson, Missouri. The failure of StatStuff to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

24. VIOLATIONS

Please report any violations of the TOS to our Copyright department at legal@statstuff.com.

 

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