Last Updated Date: 2025-03-18 

 

SECURE CONTROLS FRAMEWORK ASSESSOR & INSTRUCTOR CERTIFICATION ORGANIZATION (SAICO)

HTTPS://TRAINING.SECURECONTROLSFRAMEWORK.COM

 

SCF Assessor and Instructor Certification Organization (“SAICO”) is a brand owned by the Secure Controls Framework Council, LLC (“SCF Council”).

 

TERMS AND CONDITIONS

 

This Agreement (the “Agreement”, “Terms”, or “T&C”) is made between the Secure Controls Framework Council LLC (the “SCF Council”, “SAICO”, “Us”, “We” or “Ours”), a for profit organization, and the individual (the “Individual”, “You” or “Your”) identified as the purchaser of SAICO course materials (collectively known as “SAICO Courses”) from the SAICO Learning Management System Website (“SAICO LMS”, “Website” or “Site”) for mutual consideration, the receipt and adequacy of which are acknowledged by the SCF Council and the Individual, who agree as follows:

 

This Agreement is subject to change by the SCF Council without prior written notice at any time, in Our sole discretion. Any changes to these T&C will be in effect as of the "Last Updated Date" referenced on the SAICO LMS. You should review these T&C prior to purchasing SAICO Courses that are available through the SAICO LMS. Your continued use of the SAICO LMS after the "Last Updated Date" will constitute Your acceptance of and agreement to such changes. These Terms are an integral part of SAICO LMS T&C that apply generally to the use of the SAICO LMS. You should also carefully review Our Data Privacy Notice before placing an order for products or services through the SAICO LMS.

 

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE T&C REQUIRE THE USE OF ARBITRATION TO RESOLVE A PARTICULAR DISPUTE, RATHER THAN A JUDGE OR JURY TRIAL.

 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS(S) or SERVICES FROM THIS WEBSITE IF YOU:

a. DO NOT AGREE TO THESE TERMS;

b. ARE NOT THE OLDER OF:

    i. AT LEAST 18 YEARS OF AGE; OR

    ii. LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY; OR

c. ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY.

 

BY PLACING AN ORDER FOR SAICO COURSES FROM THE SAICO LMS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE T&C. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS. IF YOU ARE A THIRD-PARTY RESELLER, PURCHASING ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU AFFIRM THAT SUCH ORGANIZATION OR COMPANY IS AWARE OF AND AGREES TO COMPLY WITH THESE T&C. A VIOLATION OF THIS AGREEMENT MAY RESULT IN CLAIMS BY THE SCF COUNCIL AGAINST YOU FOR COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT OR OTHER LEGAL CLAIMS NECESSARY FOR THE COMPANY TO ENFORCE ITS RIGHTS.

 

1. Accessing SAICO LMS and Account Security

We reserve the right to withdraw or amend this Website, and any service or material We provide on SAICO LMS, in Our sole discretion without notice. We will not be liable if for any reason all or any part of SAICO LMS is unavailable at any time or for any period. From time to time, We may restrict access to some parts of SAICO LMS, or the entire Website, to users, including registered users. You agree that all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on SAICO LMS, is governed by Our Data Privacy Notice [https://training.securecontrolsframework.com/pages/privacy/], and You consent to all actions We take with respect to Your information consistent with Our Data Privacy Notice. You acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your username, password, or other security information. You agree to notify Us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion, for any or no reason, including if, in Our opinion, You have violated any provision of these T&C. You are responsible for making all arrangements necessary for You to have access to SAICO LMS and for ensuring that all persons who access SAICO LMS through Your internet connection are aware of these T&C and comply with them.

 

2. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the SCF Council. Its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to SAICO Courses or any content on SAICO LMS is transferred to You, and all rights not expressly granted are reserved by the SCF Council. Any use of SAICO LMS not expressly permitted by these T&C is a breach of these T&C and may violate copyright, trademark, and other laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our Website, except as follows:

  1. Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
  2. You may store files that are automatically cached by Your Web browser for display enhancement purposes.

 

3. Purchaser Responsibility to Evaluate Risks

Purchaser acknowledges and agrees that:

  1. No network, system, device, hardware, software, or component can be made fully secure;
  2. Purchaser has the sole responsibility to evaluate the risks and benefits of SAICO Courses to Your particular circumstances and requirements;
  3. The SCF Council does not assume any liabilities associated with Your use of SAICO Courses; and
  4. SAICO Courses and knowledge exams are only offered in the English language.

 

4. Defined Course Duration

SAICO Course have defined expiration dates, where unless indicated otherwise, your license to access and/or use SAICO Courses expires one hundred and eighty (180) days from the date of payment. Access to SAICO Courses may expire sooner if You successfully complete Your SAICO Courses by either

  1. Passing the knowledge exam; and/or
  2. Obtaining a certificate of completion.

 

In the event of Your SAICO Courses expires, Your right to access and use SAICO Courses terminates.

 

5. Purchases, Refunds, Cancellations & Exam License Fees

Subject to these T&C and payment for SAICO Courses, SAICO grants You, one (1) personal, restricted, time-limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access and use SAICO Courses where You acknowledge:

  1. Your obligation to pay for the product(s) ordered by placing an order;
  2. SAICO does not offer refunds, cancellations or exchanges; and
  3. SAICO Courses that include a knowledge exam to complete the course include one (1) exam license. If You fail a knowledge exam, You will be required to purchase an additional exam license for each knowledge exam attempt.

 

In the event You do not pass Your knowledge exam, you will have a period of ninety (90) days to retake that course’s knowledge exam:

  1. The time duration between knowledge exam retakes is no less than seven (7) days to provide You with the necessary time to review pertinent course materials for a successful outcome.
  2. Two (2) discounted knowledge exam retakes will be offered, but it is Your responsibility to pay for any knowledge exam retake license.
  3. If You fail three (3) subsequent knowledge exams in a row, You will be required to re-enroll in the course, at full cost (e.g., listed SAICO Courses pricing).

 

6. License

  1. The tradename SAICO, the word marks SAICO and SCF, and the design mark [SAICO logo] and all related or confusingly similar names, logos, product and service names, designs, and slogans are trademarks of the SCF Council, or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on the SAICO LMS are the trademarks of their respective owners.
  2. You acknowledge and agree that all right, title, and interest in SAICO Course all SCF-related Titles (e.g., SCF Practitioner, SCF Architect, SCF Assessor or SCF Trainer) and Logos (e.g., SAICO, SCF, SCF Practitioner, SCF Architect, SCF Assessor, SCF Trainer, etc.) are owned and controlled exclusively by the SCF Council, including but not limited to, all rights of copyright, patent, trademark, service mark, certification mark, and trade secret.  Upon successfully being granted a SCF-based certification, the SCF Council grants a limited, revocable, non-exclusive license to You to use, reproduce, display, and distribute the certification badge, including the associated SCF-related logo(s), in connection with Your professional and/or commercial endeavors subject to the terms and conditions of this Agreement including, without limitation, compliance by the SCF Conformity Assessment Program (the “SCF CAP”) Code of Professional Conduct.  You agree not to use SCF-related logos for any purpose other than the authorized purpose identified in this Agreement.

 

7. Period and Termination

The term of this Agreement to display a SCF-based certification is for one (1) year from the date the SCF-based certificate is issued.  Upon the expiration of the issued certification, the license for use of the Title and/or the Logo will also expire; and You will immediately cease any and all use of the Title and Logo.  During the term of this Agreement, the SCF Council may unilaterally terminate the Agreement and thereby cancel the license for You to use the Title and the Logo if You breach any of the terms and conditions of this Agreement including, without limitation, the SCF CAP Code of Professional Conduct.  Upon notice of termination of this Agreement by the SCF Council, You will immediately cease any and all use of the Title and Logo.

 

8. Relationship

Nothing in this Agreement creates an agency, partnership, employment, or joint venture relationship between You and the SCF Council.

 

9. Prices and Payment Terms

  1. All prices, discounts, and promotions posted on the SAICO LMS are subject to change without notice. The price charged for any product will be the price advertised on the SAICO LMS at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in Your order confirmation email. Price increases will only apply to orders placed after the time of the increase. We strive to display accurate price information, however We may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences; and
  2. Terms of payment are within Our sole discretion and, unless otherwise agreed by Us in writing, payment must be received by Us before Our acceptance of an order. We accept approved credit cards and other payment methods for all purchases. For credit card purchases, You represent and warrant that:
    1. The credit card information You supply to Us is true, correct and complete;
    2. You are duly authorized to use such credit card for the purchase; and
    3. Charges incurred by You will be honored by Your credit card company.

 

10. Restrictions on Use of the Products

Purchaser acknowledges and agrees that Purchaser may not:

  1. Sell, rent, lease, sublicense or otherwise transfer or exploit any rights to SAICO Courses in any way or for any purpose;
  2. Copy SAICO Courses and/or the SAICO LMS or any part thereof;
  3. Facilitate or otherwise aid other individuals or entities in violating these Agreement;
  4. Utilize SAICO course materials to create derivative works to sell and/or share with third-parties; and/or
  5. Upload SAICO course materials to a Large Language Model (LLM), or similar Artificial Intelligence (AI) technology, where SAICO Courses could be used to train the LLM.

 

11. Intellectual Property Rights in the Products

Purchaser acknowledges and agrees that:

  1. SAICO Courses are licensed to a single user and are prohibited from shared or used by more than one user.
  2. All uses on the SAICO LMS of the terms “sell,” “sale,” “resell,” “resale,” “purchase,” “price,” and the like mean the purchase or sale of a license. SAICO Courses are made available solely for license, not sale, to You and other prospective customers under these Agreement;
  3. Upon purchase of any SAICO Courses on SAICO LMS, Purchaser receives a non-exclusive, perpetual, worldwide, non-transferable, non-sublicensable license (“License”) for use of SAICO Courses by a single individual (e.g., student or adult human); such License does not transfer any title or ownership rights for intellectual property for SAICO Courses.
  4. The SCF Council remains the sole and exclusive owner and/or Licensee of all intellectual property rights in and to each product made available on the SAICO LMS and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under the product’s License. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through the SAICO LMS, or of any intellectual property rights relating to those products or services;
  5. Purchaser will comply with all T&C for SAICO Courses obtained through the SAICO LMS, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing, and transfer of SAICO Courses;
  6. SAICO Courses are considered Commercial Off The Shelf (COTS) products regarding Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS). There is no storage, transmission and/or processing of Federal Contract Information (FCI) and/or Controlled Unclassified Information (CUI) in the purchase of SAICO Products.

 

12. Disclaimer of Warranties

SAICO is providing products "as is" and "as available" without any representations, warranties, or covenants of any kind whatsoever regarding:

  1. The effect or lack of effect of SAICO Courses on the operation or the security of any network, system, software, hardware, or any component of any of them, and
  2. The accuracy, utility, reliability, timeliness, or completeness of the product; or
  3. The responsibility to make or notify Purchaser of any corrections, updates, upgrades, or fixes.

 

THE SCF COUNCIL MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO SAICO COURSES, INCLUDING ANY:

  1. GUARANTEE OF COMPETENCY OR CAREER ADVANCEMENT POTENTIAL.
  2. WARRANTY OF MERCHANTABILITY;
  3. WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE;
  4. WARRANTY OF TITLE; OR
  5. WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

13. Indemnification

You indemnify and hold harmless the SCF Council, its officers, directors, employees, contractors, subcontractors, or agents, from any and all suits, claims, damages, or losses, including reasonable attorneys’ fees and costs, resulting from any negligent, reckless, or intentional act or omission, breach of the terms and conditions of this Agreement by You or Your employees, contractors, subcontractors, or agents, or to use of SAICO LMS, including, but not limited to any use of SAICO Courses.

 

14. Limitation of Liability

  1. IN NO EVENT SHALL THE SCF COUNCIL, OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR OTHER SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, PROFIT, LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
  2. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR SAICO COURSES.

 

15. Governing Law and Jurisdiction

All matters relating to the SCF Council, SAICO, SAICO LMS, SAICO Courses, and/or these T&C, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule.

 

Any legal suit, action, or proceeding arising out of, or related to, these T&C, SCF Council, SAICO, SAICO LMS, SAICO Courses shall be instituted exclusively in the United States federal and state courts of the State of Wyoming, in each case located in the County of Sheridan, although We retain the right to bring any suit, action, or proceeding against You for breach of these Agreement in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

 

16. Arbitration

At the SCF Council’s sole discretion, it may require You to submit any disputes arising these T&C, SCF Council, SAICO, SAICO LMS, SAICO Courses, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in Wyoming applying Wyoming law. In such event, the arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules"). The arbitrator(s) will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

 

17. Assignment

You will not assign any of Your rights or delegate any of Your obligations under these T&C without Our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves You of any of Your obligations under these T&C.

 

18. Waiver and Severability

No waiver by the SCF Council of any term or condition set out in these Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the SCF Council to assert a right or provision under these Agreement shall not constitute a waiver of such right or provision.

 

If any provision of these Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

 

19. Force Majeure

The SCF Council shall not be liable or responsible to You, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, pandemics, epidemics; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; and (h) shortage of adequate power or transportation facilities.

 

20. Entire Agreement

The SCF Council’s Agreement, License, and Data Privacy Notice constitute the sole and entire agreement between You and The SCF Council, regarding SAICO LMS and SAICO Courses sold on SAICO LMS, supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding SAICO LMS or SAICO Courses sold on SAICO LMS.

 

21. No Reliance on Other Representations

You acknowledge and agree that no consideration, other than as provided for by these T&C, has been or will be paid or furnished and that You have freely and voluntarily purchased product without reliance on any representation of any third party.

 

22. Agreement Binding

This Agreement shall be binding upon and inure to the benefit of the SCF Council and its respective owners, shareholders, successors, affiliates, subsidiaries, officers, managers, members, directors, agents, heirs, successors, and assigns.