Please read this document carefully. It contains important information about your rights and obligations, including binding terms of your contract with American Sport and Fitness Association LLC (" ASFA" hereinafter the Site). These Terms & Conditions also include an agreement that all disputes shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association.
By using the ASFA website, you agree to these Terms and Conditions. These Terms and Conditions shall be construed in accordance with the laws of the State of Missouri. In the event that any provisions of these Terms and Conditions of Use are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. These Terms and Conditions, together with any other agreements entered into between the user and ASFA, constitute the entire understanding between the parties pertaining to use of ASFA website, and any prior written or oral agreements between the parties are expressly canceled.
2. APPLICABLE LAW AND VENUE
Any controversy or claim arising out of or relating to this Agreement, or any breach hereof, shall be finally resolved by binding arbitration. The arbitration shall be conducted in metropolitan St. Louis, Missouri in accordance with the Commercial Arbitration Rules of the American Arbitration Association, including any rules regarding expedited procedures and emergency measures as applicable. Process may be given by sending written notice to each party's last known address. The parties agree to permit discovery proceedings of the type provided by the Federal Rules of Civil Procedure both in advance of, and during recess of, the arbitration hearings, and any disputes relating to such discovery will be resolved by the arbitrator(s). Three (3) arbitrators will be selected by agreement of the parties, or failing agreement on the selection, the arbitrators shall be selected in the manner determined by the American Arbitration Association. Notwithstanding the foregoing, in the event that any Party's claim is less than One Hundred Thousand Dollars ($100,000.00), exclusive of interest and attorneys' fees, there shall be only one arbitrator, selected as provided in the preceding sentence. The arbitrator(s) shall determine the matters in controversy in accordance with the internal Laws of the State of Missouri, without giving effect to the principles of conflict of laws thereof. The jurisdiction of the arbitrator(s) and the arbitrability of any issue raised by the parties shall be decided by the arbitrator(s) in the first instance. The arbitration will be conducted on an individual, not a class-wide basis. None of the parties to the arbitration will be entitled to consolidation of the arbitration proceedings with the proceedings of any third party, nor will the arbitrator or any court be empowered to order a consolidation of proceedings with any third party. The arbitrator(s) shall have no jurisdiction to award punitive damages. Any award in such arbitration shall be in writing specifying the factual and legal basis therefore and shall be final and binding upon the parties, absent manifest error, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator(s) shall award to the prevailing Party, if any, as determined by the arbitrator(s), all of its costs and fees. "Costs and fees" shall mean all reasonable pre-award expenses of the arbitration, including the fees of the arbitrator(s), administrative fees, travel expenses and court costs, expert witness fees, consultant fees and attorneys' fees.
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.Notwithstanding the foregoing, the obligation of this Section 2 to arbitrate will not be binding with respect to claims relating to AFSA's trademarks, service marks, patents or copyrights; claims relating to any lease or sublease of any real property between the parties or their affiliated entities; or requests by either party for temporary restraining orders, preliminary injunctions, permanent injunctions or other proceedings in a court of competent jurisdiction to obtain interim or permanent relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.
If you choose to access ASFA's Site from any territory where the content is illegal or is prohibited, you do so at your own risk. You are solely responsible for compliance with any and all applicable laws and regulations. You may not use or export any of ASFA's website materials in violation of U.S. export laws and regulations. Communications made through ASFA's website 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 where the character of such notice is otherwise provided by contract, or any federal, state or local laws, rules or regulations.
3. 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.
4. CONTINUED EDUCATION AND OTHER RESPONSIBILITIES
ASFA certifications are intended for professional specialization through continuing education and as a resource for the fitness professional. ASFA CERTIFICATIONS ARE NOT PERMITTED TO BE A FITNESS PROFESSIONAL'S SOLE OR PRIMARY CERTIFICATION. ASFA does not guarantee that ASFAcontinuing education specialty certificates will be accepted by all fitness industry employers. It is your responsibility to determine what is required by your employer, as well as what is required by any laws or regulations that apply to you.
By making a purchase from ASFA and providing your electronic signature to these terms and conditions, you verify that the following is true and correct: You are 18 years of age or older; that you (as named in the shipping address) completed this test without the assistance of others; that you will complete certification in CPR/AED before training or working with any others in any fitness capacity; that you recognize that ASFA certificates are solely e-delivered in .PDF format; that you will attain a letter of consent from the personal physician of clients under your care; that you will complete a full practicum/internship (minimum twenty-five hours) with a certified fitness professional before training individually in your certified field; that you will not let any required continuing education lapse while providing services as a fitness professional; that are covered under your own or your employer's professional liability insurance policy; and that you are in compliance with all federal, state, county and city ordinances regulating your certification status.
If you have purchased an ASFA water aerobics instruction certification, you agree that you will become certified as a lifeguard and attend rescue swimming class instruction before becoming a water aerobics instructor or teaching aquatic classes.
If you have purchased an ASFA personal training certification, you agree that you are already working or are eligible to work in the fitness industry be means of a primary qualification. If you are unsure if your educational or experiential background qualifies you, it is your responsibility to contact ASFA at email@example.com for approval prior to purchase.
If you have purchased an ASFA lifetime renewal, you agree to the following stipulations to keep that ASFA lifetime renewal active: You will not lapse more than one year as an instructor in your certified field; you will take no less than one continuing education class per year in your certified field; you will submit your continuing education class for pre-approval by ASFA; you will periodically check ASFA's terms and conditions for updates and remain in compliance with current terms. If you do not follow these requirements your lifetime renewal will be void and you will have to retest to obtain an active certification.
Your privacy, as well as the privacy of others, is important to ASFA. ASFA must obtain some personal information in order to answer customer requests, process customer orders, and accurately deliver items purchased. We use the information collected to verify and validate individuals taking our tests and for limited research and marketing purposes. To prevent unauthorized access of your information, ASFA has adopted physical, electronic and managerial policies and procedures. By making a purchase, you agree that ASFA may share your name and email address with affiliated fitness industry companies, unless you specifically check the box stating that you do not want any of your information shared.
ASFA does not certify anyone we actually know is under 18, and no part of this Site is structured to attract anyone under the age of 13. If a child has provided us with personal information, we ask that a parent or guardian of the child contact us at firstname.lastname@example.org if they would like the information submitted by a child deleted from our database. We will use all reasonable efforts to delete such information from our database as soon as practicable.
6. COPYRIGHTS AND TRADEMARKS
ASFA reserves all rights under copyright, trademark and other applicable law to the contents of ASFA's website and the trademarks and service marks of ASFA on this 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 and trademark laws. Trademarks owned by ASFA include: ASFA, American Sports and Fitness Association and ASFA - American Sports and Fitness Association.
7. DISCLAIMER OF WARRANTY
ASFA's website is provided "as is," without representations or warranties of any kind. Without limiting the foregoing, ASFA makes no warranty or representation of the accuracy of the information or advice contained on this website or in any of the materials available for purchase through this website, and makes no warranty or representation that access to or operation of the Site will be uninterrupted or error free. Use of the ASFA's 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 ASFA's site. 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.
8. LIMITATION OF LIABILITY
In no event will ASFA, its business partners, or any of its officers, directors, shareholders, employees or agents (collectively, "ASFA and its affiliates") be liable to you or any third party for any claims for personal injury or damage resulting from or related to the actions of anyone who has received or employed someone who has received any ASFA certificate. Nor will ASFA or its affiliates be liable to you or any third party for any claims for loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses, whether these be direct, incidental, indirect, special or consequential damages, arising out of your use of or inability to use the Site, including but not limited to any viruses or other contamination of your computer system or other device as a result of your use of the Site. Further, 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. 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.
You agree to indemnify and hold ASFA and its affiliates harmless from any claim or demand by you or any third person arising from your use of this Site, any breach by you of any representation, warranty or covenant set forth in these Terms & Conditions, or in any way relating to your ASFA certification. This means that in any such suit you will be responsible for paying ASFA and its affiliates reasonable attorneys' fees, the cost of arbitration and any judgment entered against ASFA or its affiliates.
10. COPYRIGHT INFRINGEMENT NOTIFICATION AND COPYRIGHT AGENT
The following is provided pursuant to the requirements of the DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") designating the Company's agent for the notification of claims of infringement pursuant to Section 512(c) of the Copyright Act, 17 U.S.C. §§ 101 et seq. If you believe that content available on or through the website infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail or email at the respective addresses below (each a "Notification" and collectively, "Notifications") providing the information for a Notification as described below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the website infringes your copyright, you should consider first contacting an attorney. All Notifications should include the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single Notification, a representative list of such works at that site; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity ("Infringing Material") and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company or other party identified in the Notification as a "service provider," as such term is defined under the DMCA, to locate the Infringing Material; (d) Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) A statement that the complaining party has a good faith belief that use of the Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications should be sent to the following: By mail: Copyright Agent c/o American Sport and Fitness Association LLC, 11628 Old Ballas Rd Ste 326, Saint Louis, Mo. By phone: (877)851-0283; By email: email@example.com. We have a policy of terminating access, usage or subscription to the website, as the case may be, for repeat infringers in appropriate circumstances.
THESE TERMS & CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE WHICH MAY BE ENFORCED BY THE PARTIES.
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