Please read this document very carefully. It contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This document contains a dispute resolution clause.
1.) PROFESSIONAL ADVICE.
The American Sport and Fitness Association LLC “ASFA” and the contributors to ASFA’s website are not engaged in rendering medical advice, and the contents of ASFA’s website are not intended to take the place of such advice. Please consult a physician or physical therapist before using any of the information, advice or any of the services on our website. This includes all resources on this website.
2.) NO ENDORSEMENT.
ASFA does not endorse or even imply any guarantee of the information or advice available throughout the website. ASFA does not endorse or hold any affiliation with the advertisers on this website. Users who post or respond to the postings at ASFA’s website are not employees nor are they agents of ASFA, and ASFA disclaims any responsibility or liability for such users who provide such advice or information.
3.) LIABILITY DISCLAIMER.
ASFA’s website and its contents are made available without warranties or guarantees of any kind. ASFA disclaims any liability for injury or damage resulting from the use of the ASFA website or any information, advice, services, or other resources that may be mentioned or made accessible through our website or by our instructors, trainers or representatives of ASFA. ASFA further disclaims any liability for injury or damage personal or otherwise resulting from the actions or advice of the instructors certified by ASFA in the performance of their duties. ASFA Instructors must carry their own professional liability insurance.
4.) JOB POSTINGS.
Job postings that are submitted to ASFA by individuals or companies for posting on ASFA’s website are posted for informational purposes only and are not affiliated with ASFA in any way. ASFA does not endorse, sponsor or guarantee any such posting. ASFA is not affiliated with the individuals or companies who have made such a posting nor the individuals who respond to the postings. No warranty of any kind is made by ASFA as to the job description accuracy, the job availability, the individual’s qualifications responding to the posting. All users of the Job postings at ASFA’s website are cautioned to undertake their own research of a potential employer or a potential employee as in the normal course of job seeking or employee hiring.
5.) FITNESS LINKS.
Providers of goods and services whose listings are submitted to ASFA for posting on ASFA’s Fitness Links page and elsewhere on the website are posted for informational purposes only. ASFA does not endorse or guarantee the accuracy or efficacy of any product or service in any such listing. Further, ASFA is not affiliated with the individuals or companies who have posted such listings. All users of the Fitness Links listings at ASFA’s website are cautioned to undertake their own research of a provider of goods and services.
6.) MESSAGE BOARD.
The listings posted to the Message Board are strictly the opinion of the individual submitting the listing only. ASFA does not endorse or guarantee any such postings as being accurate or valid. ASFA is not affiliated in any manner with the individuals who have submitted listings to this or any other board at ASFA’s website. All users of these listings at ASFA’s website are cautioned to undertake their own research of any information contained on the boards. ASFA’s reserves the right to edit or remove posted material on any of the boards at ASFA’s discretion. ASFA cannot and does not undertake to investigate or evaluate any such material prior to posting if it remains on the board.
7.) VIOLATION OF LAW.
ASFA strongly cautions all users of ASFA’s website against posting material that infringes upon the copyrights or trademarks or any third party, invades the privacy or infringes upon the rights of any third party, or is otherwise in violation of law, and all users agree to indemnify, defend and hold harmless ASFA and its officers, directors, employees and agents against any liability for such material.
8.) COPYRIGHTS AND TRADEMARKS.
ASFA reserves all rights under copyright, trademark and other applicable law in the contents of ASFA’s website and the trademarks and service marks of ASFA used at ASFA’s website. All content included on this Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of ASFA or its content suppliers and is protected by United States and international copyright laws.
10.) PRIVACY
Your information:
For customer service reasons, we must obtain some personal information to process your order and maintain accuracy in our product distribution. On some pages of the Site, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages include:
Name
Address
Phone number
Email address
Credit/Debit Card Information
IP address
This information is essential to maintain security and validity for those taking our tests.
Information Usage:
We use this information to verify and validate individuals taking our tests for security purposes. Also, we use this information for research development and marketing reasons. All clientele have the option to select if he/she would like to receive marketing emails from ASFA or the fitness industry or not. For any further questions, please contact ASFA at: customersupport@americansportandfitness.com
Submissions and Messages Policy
ASFA does not endorse or guarantee the accuracy of any submission. We do, however, reserve the right but do not assume the obligation to delete submissions and restrict or prohibit your use of our sites for legal or other reasons.
Data Security Policy
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect.
Children’s Privacy Policy
Protecting the privacy of the very young is especially important. For that reason, we do not authorize the certification of individuals under 18 years of age. If a person under this age has received a certification without our knowledge, that certification will not be considered valid as it is not in compliance with ASFA’s terms and conditions.
Export
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not any other person.
11.) CONTINUED EDUCATION AND OTHER RESPONSIBILITIES
By providing my electronic signature to these terms and conditions, I verify the following: that I am 18 years of age or older, that I (named in the shipping address) completed this test without the assistance of others, that I will complete certification in CPR/AED before training or working with any others in any fitness capacity, that I will attain a letter of consent from the personal physician of all clients under my care, that I will complete a full practicum/internship (minimum twenty-five hours) with a certified trainer before training individually, and that I will continually train and not let my continuing education lapse. Before becoming a water aerobics instructor, I will become certified as a lifeguard and attend rescue swimming class instruction before teaching aquatic classes. I verify that if I obtain a lifetime renewal the following stipulations apply to keep it active: I will not lapse more than one year as an instructor in my certified field, I will take no less than one continuing education class per year in my certified field, I will submit my continuing education class for pre-approval by ASFA, I will provide full documentation of instruction history and continuing education to any employer or certification body with whom I am affiliated per request. All continuing education credits must be submitted and pre-approved by ASFA and then documentation must be sent to ASFA upon completion to keep a lifetime renewal active. I understand that if I do not meet these stipulations my lifetime renewal will be nullified and I must retest to regain a current active certification.
I take full responsibility for my actions as a fitness professional and will remain in compliance with and laws in my country and/or state and regulations in my fitness facility. I will not hold ASFA responsible for any restrictions or actions imposed upon me by any authority or individual that is not affiliated with ASFA. As a certified ASFA professional I understand that: ASFA certifications are intended for niche marketing, continuing education, and as a resource for the fitness professional; ASFA certifications are not intended to be sole or primary certifications; ASFA certifications are not affiliated with national certification bodies; and ASFA is solely accredited by and affiliated with Elite Personal Training LLC and the Tactical Edge LLC.
12.) LIMITATION OF DAMAGES
ASFA is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. WWW.AMERICANSPORTANDFITNESS.COM is provided “as is,” without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, ASFA makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will ASFA, its suppliers, or any other party involved in creating, producing or delivering the Site’s content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site.
Any statements and opinions appearing on the Site are those of its authors, and ASFA assumes no responsibility for such statements and opinions. Neither ASFA nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site. Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Please consult a physician or health care professional before using any of the general information that you find on the Site. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by ASFA.
Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.
ASFA makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. ASFA will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
13.) INDEMNIFICATION
You agree to indemnify and hold ASFA and its subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
14.) NO REFUND POLICY
You agree that there has been no representation outside of this contract and these terms and conditions are binding. Due to the nature of the immediate electronic delivery of our certificates via email, ASFA does not offer refunds on purchases for any reason. All sales are final.
15.) HEADINGS
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from. If any provision of this Agreement is void or unenforceable, the remainder of this Agreement will remain in full force and will not be terminated. Neither party will be liable for any delay resulting from circumstances or causes beyond the party’s reasonable control.
16.) LANGUAGE
All parties confirm that it is their wish that this Agreement, as well as other documents relating to this Agreement, including all notices, have been and will be drawn up in the English language only.
17.) APPLICABLE LAW AND VENUE
All disputes, controversies, or claims arising out of or relating to the use of this site shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. All arbitration are to be conducted in St. Louis County, under state of Missouri law, and are governed by the Federal Arbitration Act (F.A.A.). In the case of any legal dispute including arbitration between elite and client, all fees and costs for ASFA will be borne by the client(s) and Missouri law applies. If for any reason arbitration does not or cannot apply, the venue for any litigation arising out of this contract, or any other dispute between ASFA and client(s) shall be in the Circuit Court of St. Louis County, Missouri.
Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or condition. Communications made through the Site’s e-mail and messaging system shall in no way be deemed to constitute legal notice to ASFA or any of its officers, employees, agents or representatives, such as where notice to ASFA is required by contract, or any federal, state or local laws, rules or regulations.
