These Terms and Conditions of Sale (“Terms”) apply to the purchase and sale of products and services through the ASFA - American Sports & Fitness Association® website at https://www.americansportandfitness.com (“Site”) operated by American Sport and Fitness Association LLC (“ASFA”, “us”, “Company”). These Terms, together with the Terms of Use and Privacy Policy for the Site, comprise the entire agreement (“Agreement”) between you (“Buyer”, “you”) and ASFA, and shall supersede any prior written or oral agreements or understandings between us. By using or placing an order on the Site, you accept and agree to be bound by the Agreement.
Changes to These Terms. These Terms may be updated and modified by ASFA from time to time, in its sole discretion. Any updated version of the Terms will be effective as of the “Last Updated” date posted on the Site. Review these Terms carefully each time you visit the Site and before submitting information or making a purchase. Your continued use of the Site after any updates are made shall constitute your acceptance of and agreement to the updated Terms.
Pricing, Availability and Payment Terms. All products and services, pricing, and promotions offered on the Site are subject to availability and subject to change at any time, in ASFA’s sole discretion. The amount charged for any purchase on the Site will be the advertised price at the time an order is placed, less any applicable discounts or promotions, and will be set out in the sales receipt. Stated prices do not include taxes, fees, duties or shipping or handling charges, which are Buyer’s sole responsibility. All payments shall be made in U.S. dollars. No cash, foreign currency or cryptocurrency payments are accepted. All transactions are subject to availability, validity of payment method, credit approval, and authorization terms. ALL SALES ARE FINAL.
ASFA reserves all legal rights and remedies, including under the Uniform Commercial Code and equivalent laws, for any failure to pay for products or services or other breach of these Terms by Buyer. ASFA may suspend delivery of products or services, or declare qualifications invalid in the event of, without limitation, non-payment, fraud, unlawful conduct, carrier unavailability or other force majeure event (as defined below), subject to applicable laws. Buyer may not withhold payment or any portion of the amounts due to ASFA, for any reason, including as a set-off, or by reason of default, bankruptcy or otherwise.
Coupons and Promotions. ASFA may offer promotions and coupons on the Site. Promotional offers are subject to availability and to other terms, conditions, and restrictions. Coupons and promotional offers have no cash value, may not be combined with other offers, and may not be redeemed or exchanged for cash. Coupons and promotional offers shall expire upon the stated expiration date.
BUYER’S REPRESENTATIONS AND WARRANTIES. BY PLACING AN ORDER ON THE SITE, YOU REPRESENT AND WARRANT THAT: (A) YOU ARE AT LEAST 18 YEARS OF AGE OR HAVE A HIGH SCHOOL EQUIVALENCY CERTIFICATE. IF YOU ARE SEEKING A CERTIFICATION FROM ASFA AND ARE UNDER THE AGE OF 18 AND DO NOT HAVE A HIGH SCHOOL EQUIVALENCY CERTIFICATE, PLEASE CONTACT ASFA AT CUSTOMERSUPPORT@AMERICANSPORTANDFITNESS.COM TO REQUEST APPROVAL; (B) ALL CREDIT CARD DATA AND OTHER INFORMATION YOU PROVIDE TO ASFA THROUGH THE SITE IS TRUE, ACCURATE, CURRENT, AND COMPLETE; (C) YOU ARE AUTHORIZED TO USE THE PAYMENT METHOD TENDERED; (D) FOR ANY ORDERS YOU PLACE ON BEHALF OF AN ORGANIZATION, COMPANY, OR ANOTHER INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU HAVE THE THIRD PARTY’S AUTHORIZATION TO DO SO AND FULL LEGAL AUTHORITY TO BIND THE THIRD-PARTY FINANCIALLY; AND (E) FOR ANY TESTS COMPLETED ON THE SITE, YOU COMPLETED THE ONLINE TESTS WITHOUT ASSISTANCE FROM OTHERS.
No Refund Policy. No refunds are available for purchases on the Site. Due to the nature of the electronic format and delivery of Certification certificates, no refunds on purchases of Certifications will be given.
ASFA Certifications; Annual and Lifetime; Buyer’s Responsibilities. All ASFA certifications are intended to supplement, not replace: (A) mandatory qualifications required by laws, regulations, ordinances, rules, and standards; and (B) other specialty, training, professional and competency requirements, including without limitation those established by industry governing bodies, trade and professional organizations, employers, and educational institutions. ASFA lifetime renewal certifications are intended for fitness professionals to keep an active certification without retesting yearly. After purchase of an ASFA lifetime renewal certification, it is your responsibility to (i) not lapse more than one year as an instructor in your certified field; and (ii) take no less than one continuing education class per year pertaining to your certified field; (iii) submit your continuing education class for pre-approval by ASFA; and (iv) provide proof of completion per request; and (v) 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 invalid, and you will have to retest to obtain an active certification.
Communications. By placing an order on the Site or communicating with us, you agree to receive communications from us and our affiliates, partners, vendors, and agents, at the email address, phone number, or other means of contact information you provide to us, subject to our Privacy Policy and any validly submitted opt-out requests. If you consent to receive or opt-in to receive SMS messages, message and data rates, fees, and other charges may apply. Communications made through the Site or by email or phone shall not constitute legal notice to ASFA or any of its officers, employees, agents or representatives.
If you have difficulty accessing the information on the site, contact us at: customersupport@americansportandfitness.com and we will make reasonable efforts to assist you.
Compliance with Laws. You agree to comply with all applicable U.S. and international laws, statutes, regulations, and ordinances, when using and making purchases on the Site and transacting with ASFA. You further agree to comply with all legal, professional, and continuing education requirements, in connection with your use of the Site and its content, and the use and display of certifications and certificates issued by ASFA.
Privacy. We respect your privacy and that of other users of the Site. Our Privacy Policy governs the processing of data, including personal information, credit card data, and other information collected from users of the Site. Please review our Privacy Policy carefully before using the Site or making a purchase through the Site. Privacy laws and regulations in the United States may not be as protective of personal information as laws and regulations in other countries and jurisdictions.
Force Majeure. ASFA shall have no liability for non-performance, in whole or in part, or delay in performance under these Terms when caused by or resulting from acts or circumstances beyond ASFA’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, pandemic, national emergency, revolution, insurrection, epidemic, lockouts, lockdowns, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, telecommunication issues, or power outage.
DISCLAIMER OF WARRANTY. YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED “AS IS”, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO WARRANTY OR REPRESENTATION AS TO THE AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE. WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS OR DAMAGE RESULTING FROM USE OF THE SITE AND FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH, DOWNLOADED FROM, OR OBTAINED BY MEANS OF THE SITE.
ALL PRODUCTS AND SERVICES OFFERED ON AND THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, CERTIFICATES, CERTIFICATIONS, EDUCATIONAL MATERIALS, TRAINING PROGRAMS AND MATERIALS, VIDEOS, AUDIO CONTENT, WEBSITE COPY, IMAGES, AUDIOVISUAL CONTENT, WRITTEN AND ELECTRONIC MATERIALS, AND THIRD-PARTY PRODUCTS, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES. USE OF THE PRODUCTS AND SERVICES ON OR AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO: (A) A BUYER’S LEVEL OF EXPERIENCE, PRIOR TRAINING, QUALIFICATIONS, EDUCATIONAL LEVEL, COMPETENCE, SKILL, ABILITY, OR GENERAL LEVEL OF KNOWLEDGE; (B) WHETHER ASFA EDUCATIONAL PROGRAMS AND MATERIALS, OTHER PRODUCTS AND SERVICES ON THE SITE, AND PARTICULAR CERTIFICATIONS ARE REQUIRED, SUITABLE OR APPROPRIATE FOR ANY GIVEN BUYER; AND (C) WHETHER AN ASFA CERTIFICATION OR CERTIFICATE WILL BE SUITABLE FOR ANY PARTICULAR ROLE, OCCUPATION OR PLACE OR TYPE OF EMPLOYMENT, OR WHETHER IT WILL BE RECOGNIZED, APPROVED, OR ACCEPTED BY, ANY THIRD PARTY, EMPLOYER, OR ORGANIZATION.
WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITE AND CONTENT, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
MEDICAL ADVICE DISCLAIMER. THE INFORMATION CONTAINED ON THE SITE INCLUDING, WITHOUT LIMITATION, TEXT, VIDEOS, IMAGES, GRAPHICS, AND OTHER MATERIAL, ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE SITE, AND PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, ARE NOT SUBSTITUTES FOR PROFESSIONAL MEDICAL TRAINING OR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS. INDIVIDUALS SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION OR TREATMENT AND BEFORE UNDERTAKING ANY NEW HEALTH CARE REGIMEN. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE OR ADVISE ANYONE ELSE TO DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES OR SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (“COMPANY PARTIES”) BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION, FOR PERSONAL INJURY, ILLNESS, INCAPACITY OR WRONGFUL DEATH ARISING FROM OR RELATED TO THE ACTIONS OF ANYONE WHO HAS USED THE SITE OR THE PRODUCTS OR SERVICES ON THE SITE OR HAS RECEIVED A CERTIFICATION FROM ASFA. COMPANY PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT DISPLAYED ON OR CONTAINED WITHIN THE SITE, OR PRODUCTS, SERVICES OR CERTIFICATIONS OFFERED ON OR THROUGH THE SITES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
ANY CLAIM UNDER THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED, AND ANY CLAIM IS SUBJECT TO THE LIMITATION OF LIABILITY SET FORTH ABOVE.
INDEMNIFICATION. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, PARTNERS, EMPLOYEES, AGENTS AND SUBSIDIARIES, FROM ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS, SUITS, PROSECUTIONS, PROCEEDINGS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF APPLICABLE LAW, AND ANY CLAIM INVOLVING ALLEGED BREACH OF CONTRACT, INFRINGEMENT, VIOLATION OR MISAPPROPRIATION OF THIRD-PARTY RIGHTS BY YOU. IF WE ARE OBLIGATED TO RESPOND TO A THIRD-PARTY SUBPOENA OR OTHER COMPULSORY LEGAL ORDER OR PROCESS, YOU WILL ALSO REIMBURSE US FOR REASONABLE ATTORNEYS’ FEES AND FOR COSTS AND EXPENSES INCURRED IN CONNECTION THEREWITH.
Governing Law. These Terms, and any disputes related to these Terms, the Site, the Site content, and the products and services offered on and through the Site, will be governed by and construed according to the laws of the State of Missouri, USA, without regard to conflicts of laws principles.
DISPUTE RESOLUTION AND BINDING ARBITRATION. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE PARTIES SHALL FIRST ATTEMPT IN GOOD FAITH TO RESOLVE ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT. JUDGMENT ON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
NOTWITHSTANDING THE FOREGOING, THE OBLIGATION TO ARBITRATE WILL NOT BE BINDING WITH RESPECT TO ANY CLAIMS OR DISPUTES RELATING TO ASFA’S INTELLECTUAL PROPERTY, REAL PROPERTY, OR REQUESTS FOR TEMPORARY RESTRAINING ORDERS, PRELIMINARY OR PERMANENT INJUNCTIONS, OR OTHER PROCEEDINGS IN A COURT OF COMPETENT JURISDICTION TO OBTAIN INTERIM OR PERMANENT RELIEF, SUCH AS WHEN DEEMED NECESSARY BY SAID COURT TO PRESERVE THE STATUS QUO OR PREVENT IRREPARABLE INJURY OR DAMAGE PENDING RESOLUTION BY ARBITRATION. THE ARBITRATOR(S) SHALL AWARD TO THE PREVAILING PARTY, IF ANY, AS DETERMINED BY THE ARBITRATOR(S), ALL OF ITS COST AND FEE. "COSTS AND FEES" SHALL MEAN ALL REASONALBE 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 PARTIES AGREE THAT THE VENUE FOR ANY DISPUTE OR CLAIM ARISING OUT OF THIS AGREEMENT SHALL BE IN THE STATE AND FEDERAL COURTS LOCATED IN ST. LOUIS COUNTY, MISSOURI.
CLASS ACTION WAIVER. TO THE EXTENT ALLOWED BY LAW, YOU AND ASFA AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, COURT OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND THAT NEITHER YOU NOR ASFA WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR ANOTHER THIRD PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND ASFA FURTHER AGREE THAT NO ARBITRATION PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO SUCH ARBITRATION OR PROCEEDING.
Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waiver. Any failure by ASFA to enforce any right or provision under these Terms, in whole or in part, will not constitute a waiver of future enforcement of that right or provision.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Entire Agreement. These Terms, together with our Terms of Use and Privacy Policy, shall constitute the entire agreement between you and ASFA, regardless of any prior oral or written representations or understandings to the contrary.
Notices. We will provide notices under these Terms by: (i) sending a message to the email address or other contact methods you provide to us; or (ii) by posting to the Site. It is your responsibility to keep your email address and contact information current and to take steps to keep your Site credentials confidential. Any notices you wish to provide to us shall be made as follows: by personal delivery, overnight courier, or registered or certified mail to ASFA at 11628 Old Ballas Rd., Ste. 326, St. Louis, Missouri 63141. We may update the address for notices to us by posting a notice on the Site.
Last Updated: 12-16-2024