E-SENSEI USER AGREEMENT

e-SENSEISM is SIMPLER'S web-based learning platform. You can access courses and associated materials regarding various process improvement methods and tools through e-Sensei. Your access to and your use of the content of e-Sensei is conditioned upon your acceptance, without modification, of all terms and conditions of this Agreement.

Limited License

SIMPLER® develops, produces and makes available to registered users, for a fee, various process improvement related courses and associated course materials. Upon payment of the applicable fee, SIMPLER grants You a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable license to access and view a selected course and to use the associated course materials. For each registered course, individual users may download and use 1 copy of the course materials for personal, non-commercial purposes. Users who are taking a course paid for by their employer may also use the 1 copy of the course materials for the internal business purposes of their employer.

Restrictions on Use of Course Materials

You may access and view the courses and use the associated course materials only as specifically provided under the foregoing limited license. Except as permitted under the limited license, You will not release, copy, reproduce, republish, distribute, display or otherwise make available to any third party, for commercial or non-commercial purposes, any course or associated course materials, in whole or in part. You will not use any device, software or routine to bypass any software or hardware that restricts misuse of the course and associated course materials, interfere with or attempt to interfere with the proper working of e-Sensei or to take any action that imposes an unreasonable or disproportionately large load on the e-Sensei site.

Copyrights and Trademarks

The courses, the associate course materials and all rights related thereto are the exclusive property of SIMPLER, and are protected by United States of America and international copyright laws and treaties. Copyright © 2011 Simpler Consulting, L.P. All rights reserved. All copies of course materials, as allowed under the terms of this Agreement, shall include the foregoing copyright notice. Simpler®, and e-SENSEISM are trademarks of SIMPLER and You agree not to use these trademarks or other trademarks of SIMPLER without SIMPLER's written permission.

No Warranty

The Courses and the associated course materials are provided to You by SIMPLER on an "AS IS," "WHERE IS," and "WHERE AVAILABLE" basis. SIMPLER makes no representation or warranty of any kind, expressed or implied, to You regarding the courses, the associated materials or your use thereof.

SIMPLER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO THE COURSES AND ASSOCIATED COURSE MATERIALS OR YOUR USE OF THE COURSES AND ASSOCIATED COURSE MATERIALS, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

SIMPLER'S MAXIMUM LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID SIMPLER BY YOU FOR THE COURSE, REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT (INCLUDING, BUT NOT LIMITED TO, FAILURE OR DELAY IN PERFORMANCE OR DELIVERY DUE TO ANY CAUSE WHATSOEVER), TORT, (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. IN NO EVENT SHALL SIMPLER BE LIABLE TO YOU FOR LOSS OF PROFITS OR REVENUE OR FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, SPECIAL OR PUNITIVE DAMAGES.

You must be commenced any cause of action related to a course or the associated materials within one (1) year of the date You view the course.

Miscellaneous

This Agreement shall be deemed to have been made in the Commonwealth of Pennsylvania, United States of America. This Agreement shall be construed and enforced in accordance with and the validity and performance hereof shall be governed by, the laws of the Commonwealth of Pennsylvania, United States of America, without reference to its principles regarding conflicts of law. Any dispute relating in any way to your use of e-SENSEISM or your purchase, viewing or use of the associated courses or materials shall be submitted to confidential arbitration in Pittsburgh, Pennsylvania, United States of America except that, to the extent You have in any manner violated or threatened to violate SIMPLER's intellectual property rights, SIMPLER may seek injunctive or other appropriate relief in any state or federal court in Allegheny County, Pennsylvania, United States of America. You consent and submit to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

By accessing and viewing the applicable course, You certify that You have read and understand all of the terms set forth above and intend to form a binding agreement with SIMPLER on those terms. If You are accepting this Agreement on behalf of an organization, You certify that You have the authority of that organization to enter into this Agreement.

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