Terms & Conditions
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
All disputes, controversies, or claims arising out of or relating to the use of ASFA's Site shall be submitted to binding arbitration on an individual basis in accordance with the applicable rules of the American Arbitration Association then in effect. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. All arbitrations are to be conducted in St. Louis County, under the laws of the State of Missouri, and are governed by the Federal Arbitration Act. 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.
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 and 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
American Sport and Fitness Association LLC ("ASFA®") certifications are intended for professional specialization through continuing education and as a resource for the fitness professional. ASFA® certifications are not intended to be a fitness professional’s sole or primary certification. ASFA® does not guarantee that ASFA® continuing 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 that may include, but is not limited to: a two or four year college degree in an exercise and fitness related field, an advanced healthcare degree, a primary personal training certification or a minimum of a two year apprenticeship with a certified master level personal trainer. 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®. 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.
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 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.