Where can I view the ASQ Testing Agreement?

IMPORTANT INFORMATION PLEASE READ: BY CHECKING THE "YES, I CONSENT" BOX AT THE END OF THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS CANDIDATE TESTING AGREEMENT ("AGREEMENT") AND ACKNOWLEDGE THAT YOU HAVE READ AND FULLY AGREE TO ACCEPT ALL TERMS OUTLINED IN THIS AGREEMENT. FAILURE TO ACCEPT THIS AGREEMENT WILL RESULT IN YOU NOT BEING PERMITTED TO TAKE A CERTIFICATION EXAM.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ASQExcellence ("ASQE"). BY ACCEPTING THIS AGREEMENT, YOU HEREBY AGREE THAT THE FOLLOWING TERMS AND CONDITIONS SHALL GOVERN YOUR PARTICIPATION IN THE ASQE APPLICATION PROCESS, THE CERTIFICATION EXAM ADMINISTRATION AND USE OF YOUR DATA. THE "EFFECTIVE DATE" OF THIS AGREEMENT SHALL BE THE DATE OF YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT OR CANNOT AGREE TO THE TERMS CONTAINED HEREIN, THEN DO NO ACCEPT THESE TERMS AND DO NOT CONTINUE WITH THE CERTIFICATION APPLICATION PROCESS AND CERTIFICATION EXAM ADMINISTRATION.

NON-DISCRIMINATION: ASQE CERTIFICATION EVALUATES ALL CANDIDATES WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, NATIONAL ORIGIN, ANCESTRY, AGE OR DISABILITY.

1. Terms and Conditions - Ownership and Content

1. Ownership. ASQE and its licensors and partners own this website ("Website"), and all images, graphics, artwork, texts, writings, surveys, catalogs, audio, videos, charts, reports, works of authorship and other content on the Website, and the exams, tests, questions, works of authorship and other documentation provided or made available to you by ASQE or its licensors and partners (collectively, the "Content"). Nothing in this Agreement grants to you any rights, title or interest in or to the Website or the Content.
2. Use of the Website and Content. You are prohibited from using the Website or the Content for any purpose other than the purposes for which it was expressly and intentionally made available to you by ASQE, its licensors or its partners. You may only use the Website and Content in compliance with applicable laws. You may not make or retain any copies of the tests or other Content. You may not modify, transfer or distribute the tests or other Content.
3. Trademarks. All registered and unregistered trademarks, service marks, logos, and names owned by ASQ/ASQE and its affiliates ("Mark(s)") are the sole and exclusive property of ASQ/ASQE, as between the parties. If you become certified through ASQ/ASQE, ASQ/ASQE may provide to you a specific Mark ("Specified Mark") which you may only use in strict accordance with the following terms:
   1. You shall only use the Specified Mark to indicate actual, current certifications received by ASQ/ASQE; You shall not use the Specified Mark to state or imply certifications that you have not actually received or which have been revoked, suspended or expired;
   2. Only you shall use the Specified Mark; You shall not permit anyone else to use the Specified Mark. You shall not transfer your use rights to use the Specified Mark to anyone else;
   3. The Specified Mark shall not be revised or altered in any way. The Specified Mark must be displayed in the identical form (font, color, size, look, appearance, etc.) as provided by ASQ/ASQE; Reproduction of the Specified Mark must be identical (font, color, size, appearance, etc.) to the way in which it was provided to you by ASQ/ASQE;
   4. You may only use the Specified Mark on business cards, stationary, letterhead, email footers or other similar documents on which your name (as the certified individual) is prominently displayed, including in social media forums.
   5. You shall not use the Specified Mark in any manner that brings ASQ/ASQE into disrepute, is misleading is unauthorized or is likely to cause confusion; and
   6. You shall not use the Specified Mark in any way that implies a connection between ASQ/ASQE and you, the certification or your company in a way that is misleading; You shall not use the Specified Mark in a way that implies or could lead the public to construe an endorsement, approval or sponsorship by ASQ/ASQE of you or your business, product or service.
   ASQ/ASQE may for any reason or no reason, in its sole discretion, immediately suspend or revoke your right to use its Specified Marks at any time upon notice to you. ASQ/ASQE may publicize any such actions and will not be liable to you for doing so. You will be responsible for any costs and expenses incurred by ASQ/ASQE in enforcing its rights under this Section. Aside from the use of the Specified Marks as set forth herein, you are prohibited from any other use of the Specified Marks or ASQ/ASQE's other Marks unless approved in writing by ASQ/ASQE in advance.
4. Feedback. You agree that if you provide any feedback (including answers) regarding the exams, tests, certifications, Website or Content, then ASQE is free to use such feedback, including any ideas, concepts, know-how, or techniques contained in such feedback, without payment to you, and any such feedback is not confidential to you.

2. Terms and Conditions - Compliance with Testing Requirements

You understand, acknowledge and agree to the following:

1. Identification. You must present acceptable photo, government-issued identification ("Identification Documents") for admission to the test center or exam site. ALL FORMS OF IDENTIFICATION BEING PRESENTED AT THE TESTING CENTER OR TO THE PROCTOR MUST MATCH YOUR NAME EXACTLY AS IT APPEARS ON THE SCHEDULING NOTIFICATION. Your Identification Documents must be current (not expired), in good condition, and cannot be bent, frayed, taped, cracked or otherwise damaged in any way. The Identification Documents must be the originals, and cannot be photocopies. You will not be permitted to test if the name on your Identification Documents does not exactly match the name on your scheduling notification, or if your Identification Documents are damaged. The following are acceptable forms of Identification Documents: 1) Valid driver's license, 2) Valid military ID, 3) Valid passport, or 4) Valid national identification card.
2. Third-Party Service Providers and Content. ASQE uses a third-party service provider, Prometric, Inc. ("Prometric"), to facilitate certain tests. When you use the Prometric website to schedule, reschedule or cancel your exam appointments or to take ASQE exams, the terms, conditions, and privacy policies of Prometric will govern your use of Prometric's website and use of your data by Prometric and its affiliates and service providers. ASQE does not control what happens to your data when you use the Prometric website so you should review any applicable Prometric terms and policies for more information. You must agree to the terms and conditions of the Prometric Non-Disclosure Agreement ("NDA") which is presented at the time of registration and before the exam, and any other terms and conditions required by Prometric and which will become a binding agreement(s) between you and Prometric.
   Once you leave the ASQE Website for a third-party website the terms, conditions and privacy policies of such third-party will govern your use of that website and your data. Links to third-party sites on the Website do not imply an affiliation with or endorsement of such third-party sites by ASQE.
   ASQE does not control what happens to your data or information when you leave the ASQE Website. You visit third-party sites and use third-party content at your own risk.
3. Application Process. The following generally describes the application process, which is provided for your informational purposes: (1) You apply through ASQE's Website for the applicable certification desired, and You provide all requested application materials; (2) ASQE and/or its agents review your application and make a determination, in its sole discretion, as to your eligibility to take the applicable exam for certification; this process may include contacting any references provided and other due diligence to determine your eligibility; (3) in the event ASQE determines you are eligible to sit for the applicable exam requested, ASQE or its agent will send you an email or letter containing a link to Prometric's scheduling website, where you may schedule your exam appointment; and (4) when you take your exam, you do so through Prometric's online platform or at a Prometric physical test site location.
4. Confidentiality. You understand, acknowledge and agree that ASQE's exams and all information provided to you or obtained by you related to the exams, including but not limited to the specific questions and the content, structure, and organization of the exams ("Confidential Information"), is the confidential and proprietary information of ASQE and its licensors and partners. Exams are made available to you, the examinee, solely for assessing your proficiency and the Confidential Information shall not be used by you for any other purpose. You are expressly prohibited from recording, copying, reproducing, disclosing to any other person or entity, publishing, or transmitting the Confidential Information, in whole or in part, including but not limited to any questions, answers, worksheets, computations, drawings, diagrams, or any communication, in any form or by any means, verbal or written, electronic or mechanical, for any purpose. You are not permitted to keep or use any copies of the exam or other Confidential Information, or make copies. The unauthorized use of phones, wearable technology, recording devices, glasses that contain cameras with recording capability or USBs and any other electronic devices is prohibited. You understand and agree that violation of the confidentiality provisions of this Agreement will cause irreparable harm to ASQE and as such, ASQE will be entitled to seek injunctive or other equitable relief for your violation or threatened violation of the terms of this Section, without the need to post bond or other security or the need to prove actual damages.
5. No Impersonation. Allowing someone to impersonate you to take an ASQE exam, or engaging in impersonation to take an exam for someone else, is strictly prohibited.
6. Suspension. ASQE may, without warning, suspend testing at any location where ASQE deems there is a security risk or integrity problem.
7. Test Invalidation or Revocation. ASQE reserves the right, for any reason in its sole discretion, to (1) cancel or invalidate any exam score, and/or (2) revoke or invalidate all ASQE certifications you may have earned and/or ban you from earning future ASQE certifications and decline to score or cancel any scheduled exam. Reasons any of the foregoing may occur include, but are not limited to:
   1. you breach this Agreement;
   2. you fail to comply with the requirements established by ASQE for maintaining your certification;
   3. you misrepresent your certification status;
   4. you misappropriate or disclose without authorization, any of ASQE's intellectual property or confidential information including, without limitation, any Confidential Information as identified in Section 2(d) above;
   5. you supplied false or misleading information in connection with your application for certification registration or in connection with maintaining your status;
   6. you fail to comply with any material term or condition of this Agreement; or
   7. if there is any reason to question the validity of your exam or upon discovery of irregularities of your exam such as: 1) evidence of prohibited behavior, 2) falsification of identity, 3) impersonation, 4) unusual similarities in the answers of test takers at the same testing location due to suspected collusion, 5) evidence of advance access to the exam content, 6) falsification of work experience or projects, 7) errors in reporting scores, or 8) evidence of disruptions that compromise the testing process.

3. Terms and Conditions - ASQE Retake Policy

1. Computer Based Testing. If you do not achieve a passing score on your computer based testing ("CBT") exam, you may reapply again to retake the CBT exam at the next available test window. You cannot retake the exam within the same testing window as your prior exam.
2. Paper and Pencil Testing. If you do not achieve a passing score on your initial paper exam after the first attempt, you can reapply again to retake the exam at the next available test date.
3. Post qualification. For lifetime certifications that do not require recertification, once a passing score is obtained, exam retakes are not permitted. For certifications that require recertification, once a passing score is obtained, exam retakes are not allowed for 2 years.
4. Exam Dates and Deadline. Please see asq.org/cert/ and click on "Exam Dates and Locations" to see additional information on exam dates, testing windows and application deadlines.

4. Terms and Conditions - ASQ Ethics

Fundamental Principles

As part of this Agreement, ASQE requires that you comply with this ASQ ethics policy for candidate testing and certification.

Be honest and transparent. Avoid conflicts of interest and plagiarism. Do not harm others. Treat them with respect, dignity, and fairness. Be professional and socially responsible. Advance the role and perception of the Quality professional.

Expectations of a Quality Professional

1. Act with Integrity and Honesty
   1. Strive to uphold and advance the integrity, honor, and dignity of the Quality profession.
   2. Be truthful and transparent in all professional interactions and activities.
   3. Execute professional responsibilities and make decisions in an objective, factual, and fully informed manner.
   4. Accurately represent and do not mislead others regarding professional qualifications, including education, titles, affiliations, and certifications.
   5. Offer services, provide advice, and undertake assignments only in your areas of competence, expertise, and training.
2. Demonstrate Responsibility, Respect, and Fairness
   1. Hold paramount the safety, health, and welfare of individuals, the public, and the environment.
   2. Avoid conduct that unjustly harms or threatens the reputation of the Society, its members, or the Quality profession.
   3. Do not intentionally cause harm to others through words or deeds. Treat others fairly, courteously, with dignity, and without prejudice or discrimination.
   4. Act and conduct business in a professional and socially responsible manner.
   5. Allow diversity in the opinions and personal lives of others.
3. Safeguard Proprietary Information and Avoid Conflicts of Interest
   1. Ensure the protection and integrity of confidential information.
   2. Do not use confidential information for personal gain.
   3. Fully disclose and avoid any real or perceived conflicts of interest that could reasonably impair objectivity or independence in the service of clients, customers, employers, or the Society.
   4. Give credit where it is due.
   5. Do not plagiarize. Do not use the intellectual property of others without permission. Document the permission as it is obtained.

5. Terms and Conditions - Your Data & Privacy

You understand, acknowledge and agree to the following:

1. PUBLICATION OF PASS LISTS AND EXAM REGISTRY. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO PERMIT ASQE UPON YOUR PASSING AN ASQE EXAM, TO PUBLISH YOUR FULL NAME, THE DATE CERTIFICATION WAS OBTAINED, AND DURATION OF ACTIVE CERTIFICATION AND/OR EXPIRATION DATE OF CERTIFICATION (IF APPLICABLE) IN PAPER FORM OR ON ASQE'S WEBSITE REGISTRY AND OR WEBSITE PUBLISHED PASSING LIST. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE FOREGOING INFORMATION ABOUT YOU WILL BE PUBLIC INFORMATION THAT CAN BE SEARCHED BY OTHER PARTIES, INCLUDING EMPLOYERS, POTENTIAL EMPLOYERS, CUSTOMERS AND OTHERS. ASQE uses reasonable efforts to ensure the accuracy of all such information that is published on its Website, but does not guarantee 100% accuracy. In the event you believe any information published on the Website about you is inaccurate, you may contact ASQE at the contact information listed in the "Notices" section below and ASQE will correct any verifiably inaccurate information.
2. Age of Majority. The exam and testing services offered in this Agreement are only intended for those over the age of majority in the state or country where they reside (typically this is eighteen (18) years old). By consenting to this Agreement, you agree that you are at least the age of majority where you live.
   ASQE does not knowingly collect Personal Information (defined below) from anyone under the age of majority in their place of residence; however, if you believe your child has provided ASQE Personal Information, please contact us as set forth in the Notices section, provide us with sufficient detail as to your request and the relevant information, and we will make reasonable efforts to delete any such information.
3. Your Information. ASQE collects both Personal Information, including Financial Information and Non-Personal Information when you use ASQE's candidate testing services.
   1. Personal Information. ASQE collects Personal Information from you that can be used to identify or contact you when you apply to take a certification exam, during the purchasing, examination and certification process, and when you communicate with ASQE. Personal Information includes your name, address, phone number (including business phone number), email address, employment history, employer(s), education history, reference information (including the names, addresses, phone numbers and employer of your references), verification of completed works relating to the certification application process, and other similar information about you. ASQE may also collect certain information pertaining to disabilities to which you provide ASQE notice of, when you request assistance pursuant to the American with Disabilities Act ("ADA"").
   2. Financial Information. When you make a purchase to take an exam through the Website, your financial information is processed by ASQE's third-party service provider PayPal and Personify and the payment processors they use through the Website. ASQE does not receive any financial information, such as your credit card number, credit card expiration date, or security code, when you make such purchases. ASQE may receive certain Personal Information necessary to finalize your order such as your name, address, phone number and email address.
   3. Non-Personal Information. ASQE may collect Non-Personal Information about you that does not identify you specifically, when you visit the Website, such as your test results, test responses, answers, test site location, what you click-on on the Website, what Website pages you visit, and your IP address. For clarification purposes, in the event ASQE de-identifies test results, test responses, answers, and test site location, so that they no longer contain Personal Information, then such information will be treated like Non-Personal Information.
4. Who ASQE May Share Your Personal Information With. ASQE may share your Personal Information with (1) its affiliates, (2) its service providers, (3) third-parties that provide services to ASQE such as our test provider(s) and administrator(s), or (4) other third-parties and vendors, including but not limited to: (i) those that purchase certification exams on behalf of their employees or other workers, (ii) ASQE's attorneys, accountants and other professional advisors, (iii) those that provide statistical and other analyses of testing, the Website and other customer data; and (iv) government and law enforcement officials if ASQE believes it is required to do so by law or is recommended to do so by its legal counsel. (When ASQE is required by law to release confidential information, the person concerned shall, unless prohibited by law, be notified as to what information will be provided.) ASQE uses Personify, Inc. ("Personify") to host its website and therefore Personify has access to certain aspects of your Personal Information and Non-Personal Information as described in this Agreement and to enable ASQE to provide the Website and other services to its customers. ASQE uses Prestige Technologies, Inc. ("Prestige") to provide certain maintenance of the candidate testing platform through the Website and therefore Prestige accesses and uses certain aspects of your Personal Information and Non-Personal Information as described in this Agreement and to enable ASQE to provide the Website and other services to its customers.
5. Use of your information. ASQE uses the information we collect to operate, improve, and personalize the products and services we offer, to manage your account, to review your application and perform due diligence follow-up on the information you have provided (including contacting references), and to provide the service(s) or carry out the transaction(s) you have requested or authorized. Information collected through ASQE certification may be combined with information collected through other ASQE services including but not limited to marketing and sales. Once you have earned ASQE certification we also may use the information to communicate with you with respect to changes to the certification program, re-certification or letting you know when you need to act to keep your certification active.

   You understand, acknowledge and agree that:

   1. ASQE and our test provider may share specific information with each other, including Personal Information, Non-Personal Information and exam data, to schedule and administer the exams, to improve the testing program and experience, to facilitate statistical analyses, and to determine if you passed the exam.
   2. ASQE may share your Personal Information, including pass and fail exam results, with other ASQE programs, affiliates and service providers to verify compliance with the program requirements.
   3. ASQE may share pass and fail exam result with third-party companies that purchase certification exams on behalf of their employees (full, part-time or contract).
   4. ASQE and the third-party service providers that administer the exams may use and share the Personal Information you provided regarding disabilities for the purposes of addressing your ADA request.
   5. ASQE's third-party service provider Personify and the relevant payment processors may use your Financial Information to process the purchases you make through the ASQ website. Such information may be furthered used, including Personal Information, to automatically charge your account processing fees, fees charged by the payment processors, other charges you incur under this Agreement and to pursue any other charges you owe to ASQ under this Agreement.
   6. ASQE may share exam results, at an aggregate level with individual identifiers removed, with other ASQE programs, entities, affiliates or partners for reporting or statistical analysis about the exam itself.
   7. ASQE may sell, use, share or transfer your Non-Personal Information to ASQE affiliates, service providers and other third parties for any ASQE business purposes.
   8. ASQE may use or share your Personal Information to address your violation of this Agreement and protect our interests and those of third parties.
   9. ASQE may use or share your Personal Information as required by law, in response to a request by law enforcement or other governmental agency, or as otherwise advised to by legal counsel.
   10. ASQE may use or share your Personal Information as requested or consented to by you.
6. California Privacy Rights. Under California Civil Code Section 1798.83, California residents have the right to obtain: (1) a list of all third parties to whom we may have disclosed their Personal Information within the past year for direct marketing purposes; and (2) a description of the categories of Personal Information disclosed. To obtain such information, please contact us per the Notices section below.
7. Security. ASQE has security measures in place and uses commercially reasonable efforts to protect your information against unauthorized use or disclose. However, no data transmission over the internet is 100% secure and therefore ASQE does not warrant that any information you transmit to ASQE is secure. You provide us information at your own risk.
8. Processing of Data in the United States. You understand and agree that your data will be collected and processed in the United States, regardless that certain other governmental authorities may not consider the level of protection of Personal Information in the United Stated equivalent with that of the European Union or other jurisdictions.
9. DO-NOT TRACK SIGNALS. We do not react to "do not track" signals at this time.

6. Terms and Conditions - Refunds, Reschedules, Cancellations and No Shows

You understand, acknowledge and agree to the following:

Computer Based Testing

1. Refunds: If your application is not approved, you will obtain a partial refund. A *$130 USD processing fee is non-refundable. Once the exam has been held, or you have taken the exam, no refunds will be granted.
2. Appointment Reschedule/Cancellation: If you wish to change your exam appointment date or time, you must do so at least 5 business days (or 120 hours) prior to your test appointment date using the Reschedule/Cancel option on Prometric's website, or by contacting Prometric's automated voice response system at 800-369-5949 (in North America) or Prometric's Regional Registration Center (outside North America). There is a *$130 USD fee for changing an appointment. No change may be made within 5 business days (or 120 hours) of your test appointment date without forfeiting the test fee and needing to re-register and repay the test fee.
3. Requests for Refund: If you have cancelled your exam appointment with Prometric (or if you have not scheduled your exam appointment) and wish to receive a refund on your exam application fees, you must contact the ASQE Certification Department at cert@asq.org. Requests for a refund must be received prior to the end of your exam eligibility period, which is one hundred eighty (180) days from the date of your initial application. Requests received after this date will not be accepted and you thereafter forfeit your right to a refund. A *$130 USD processing fee will be assessed for all cancellations. This refund policy may not be applicable for certain organizational partners in ASQE's sole discretion.
4. Absence: Failure to notify Prometric and ASQE at least five business days (or 120 hours) before your exam appointment date of absence and failure to meet a scheduled examination appointment will result in a no-show status. If you reach a no-show status, you forfeit the entire exam fee.

Paper and Pencil Testing

1. Refunds: If your application is not approved, you will obtain a partial refund. A *$130 USD processing fee is non-refundable. Once the exam has been held, or you have taken the examination, no refunds will be granted.
2. Reschedule: You are allowed only one opportunity to reschedule your initial exam or retake. The fee for rescheduling an exam is *$130 USD and is non-refundable. You may reschedule an exam date for up to one (1) year after the originally scheduled exam date. Reschedule requests must be made by either phone, fax, or e-mail, and made at least five (5) business days (or 120 hours) prior to the exam date. If you do not take the exam on your rescheduled date, you forfeit all fees and must reapply.
3. Cancellation: You must submit your request to cancel your exam to ASQE headquarters at the mailing address set forth in the "Notices" section below. Cancellation requests must be postmarked, faxed, telephoned or e-mailed to ASQE no later than five (5) business days (or 120 hours) prior to the exam date. If you have not used your one-time opportunity to reschedule, you will receive a refund minus a *$130 USD non-refundable processing charge.
4. Absence: Notification to reschedule or cancel the exam must be postmarked, faxed, telephoned, or e-mailed to ASQE no later than five (5) business days (or 120 hours) prior to the exam date or you will forfeit all fees and need to reapply.

Modifications in Price

1. Modifications. ASQE reserves the right to modify the prices charged for exams, as well as the cancellation, absence, and rescheduling and other fees charged. In the event that you reschedule your exam you will be notified about the updated prices and fees at the time you reschedule your exam, and if you do not agree to such updated pricing and terms, you may choose to not proceed with such rescheduling.

7. Terms and Conditions - Warranty Disclaimer, Indemnification and Limitation of Liability

You understand, acknowledge and agree to the following:

1. WARRANTY DISCLAIMER. THE WEBSITE, CONTENT, EXAMS AND CERTIFICATIONS ARE PROVIDED TO YOU "AS-IS". ASQE MAKES NO WARRANTIES TO YOU, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES THAT MIGHT ARISE FROM STATUTE, COURSE OF PERFORMANCE, COURSE OF DEALING, AND USAGE OF TRADE.
   ASQE DOES NOT WARRANT THAT THE WEBSITE OR EXAMS WILL RUN PROPERLY ON YOUR SYSTEMS OR HARDWARE, THAT THE EXAMS OR CERTIFICATIONS WILL MEET YOUR REQUIREMENTS, ANY SPECIFIC LEVEL OF COMPETENCY, OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES. A WARRANTY FOR THE LOSS OF DATA IS NOT IMPLIED.
2. INDEMNIFICATION. YOU AGREE TO DEFEND AT ASQE'S REQUEST, INDEMNIFY AND HOLD HARMLESS ASQE AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ("REPRESENTATIVES") FROM AND AGAINST ANY CLAIMS, SUITS, SETTLEMENTS, ACTIONS, ALLEGATIONS, VERDICTS, AND JUDGEMENTS, AND ANY RESULTING LOSS, LIABILITY, DAMAGE, COST, PENALTY, OR EXPENSE (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO: (1) ANY BREACH BY YOU OF THIS AGREEMENT, (2) YOUR VIOLATION OF APPLICABLE LAWS; (3) YOUR NEGLIGENCE, RECKLESSNESS, FRAUD OR WILLFUL MISCONDUCT; AND (4) YOUR USE OR MISUSE OF ASQE'S OR ANY THIRD-PARTY'S INTELLECTUAL PROPERTY OR CONFIDENTIAL INFORMATION INCLUDING BUT NOT LIMITED TO MISUSE OR UNAUTHORIZED DISCLOSURE OF EXAM MATERIALS.
3. EXCLUSION OF CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ASQE OR ITS REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR CLAIMS FOR LOST PROFITS, LOST TIME, LOST DATA, LOST REVENUE, LOSS OF USE, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY OTHER TYPES OF ECONOMIC LOSS, IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, THE CONTENT, THE EXAMS OR THE CERTIFICATIONS, REGARDLESS OF THE FORM OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
4. LIMITATION OF LIABILITY. IN NO EVENT SHALL ASQE'S LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, THE CONTENT, THE EXAMS OR THE CERTIFICATIONS EXCEED $100.00 U.S. DOLLARS. THIS LIMITATION SHALL APPLY EVEN IF THE PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

8. Terms and Conditions - General Terms and Conditions

1. Governing Law. This Agreement is governed by the laws of the state of Wisconsin, United States, without regard to conflict of laws principles. You irrevocably consent to jurisdiction and venue in the courts having jurisdiction in Milwaukee County, Wisconsin.
2. Assignment. You may not assign any of your rights or obligations under this Agreement, in whole or in part, without ASQE's prior written consent and any such assignment is void. ASQE may assign this Agreement, in whole or in part, without your consent.
3. Compliance with Laws. You agree to comply with all applicable laws.
4. Waiver. Neither party shall be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit signed, written waiver. No waiver of a breach of this Agreement by either party will constitute a waiver of any other breach of this Agreement.
5. Severability. Any provisions of this Agreement held invalid shall be severed and the remaining provisions shall continue in full force and effect.
6. Notices. To contact ASQE, please write, email or call us at:

   ASQExcellence
   Executive Director of Certification
   600 North Plankinton Avenue
   Milwaukee, WI 53203

   North America: 800-248-1946 (United States and Canada only)
   Mexico: Mobile/cell 001-877-442-8726; other phone; 001-882-442-8726
   All other locations: +1-414-272-8575
   Email: cert@asq.org

7. Entire agreement. This Agreement supersedes all prior and contemporaneous agreements, commitments or representations between the parties, whether oral or written, regarding this subject matter. With regard to any translations of this Agreement, the English language version of the Agreement shall control. This Agreement may only be amended by the signed written agreement of ASQE. For clarification purposes, "exam" and "test" are used interchangeably throughout this Agreement, as the context so requires.

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