AFPA Terms and Conditions

Please read this agreement prior to placing an order, purchasing an online product or offering, or enrolling in an examination, or course with AFPA American Fitness Professionals & Associates, Inc.

The terms and conditions set out below are a legal agreement (“agreement”) between you (“you,” “your”) and AFPA, and govern your use of AFPA products, offerings, material, and courses, whether delivered by shipment or accessed online, including, but not limited to, AFPA curriculum, books, course content, instructional and test materials, videos, tutorials, testing and assessment materials, use and access to websites and related AFPA resources and services (collectively referred to herein as “AFPA products”) made available to you by AFPA, including but not limited to, AFPA products and AFPA services are referred to herein as “AFPA materials.”  You must agree to these terms before establishing an account with AFPA, ordering or enrolling with AFPA.  By clicking “I accept", or by ordering, enrolling in an examination, or course with AFPA, you agree to be bound by the terms of this agreement. If you do not agree with the terms of this agreement, do not click "Confirm Order", "Submit Order", "I accept" and/or “I agree”.

GENERAL:
By purchasing any AFPA Materials, enrolling in an examination, course with or through AFPA you are legally bound to the following terms and conditions. Prices, terms and offerings on AFPA's website are subject to change at any time without notice.

YOUR AFPA ONLINE ACCOUNT:
Prior to creating an account with AFPA("Account"), you will be required to provide certain information. When establishing your Account, you agree to provide complete and accurate information to AFPA and to permit AFPA to store and use your registration data for use in maintaining your Account. You agree to protect your username and password, as well as any access codes and product codes provided by AFPA, and not share them with others or permit any unauthorized use of the AFPA Materials. By establishing an Account, you certify and represent that you will be the person enrolling, completing and taking the course(s) or assessment(s) for which you have registered and that any attestations which you are required to complete in connection with the foregoing will be completed only by you.

INTELLECTUAL PROPERTY:
You understand and agree that AFPA Materials constitute intellectual property and proprietary material that is owned by AFPA, its affiliates, or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by AFPA and its licensors. AFPA and other AFPA trademarks, service marks, graphics, and logos used in connection with the AFPA Materials are trademarks or registered trademarks of AFPA in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the AFPA Materials may be the trademarks of their respective owners. AFPA and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.

You agree to abide by all copyright notices and restrictions contained on www.afpafitness.com, on the AFPA Materials and in accordance with this Agreement. All AFPA Materials are provided for your own personal, non-commercial use. You may not alter the text or remove any trademark or other notice displayed on the AFPA Materials. All rights are reserved.

NO RESALE:
AFPA Materials are not provided for redistribution or resale under this Agreement.

LICENSE TERMS:
AFPA Materials made available to you by AFPA are licensed, and not sold, to you, subject to the terms of this Agreement and your timely payment of any fees due and payable by you to AFPA. Your license to use AFPA Materials is subject to your prior acceptance of this Agreement and you agree that these terms will apply to each AFPA Material, including any updates or enhancements thereto. You are not authorized to assign or transfer this license or your access code, username, or password to any other person or entity. Other than the rights granted to you in this Agreement, AFPA grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works of or based on the AFPA Materials (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the AFPA Materials). You agree to use AFPA Materials only as permitted under this Agreement and any terms delivered with the AFPA Materials. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your license to use AFPA Materials. If AFPA reasonably suspects that you have violated this Agreement, or if you have not paid fees any fees that are due and payable by you to AFPA, then, without notice to you, AFPA may terminate this Agreement, the license, and your Account and deny you further access to AFPA Materials. Upon termination of this license, you shall cease all use of the AFPA Materials and remain liable for paying all amounts that may be due and payable by you to AFPA. AFPA reserves the right to modify, suspend, remove, or disable access to any AFPA Materials at any time without notice and in no event will AFPA be liable for making any such changes.

ELIGIBILITY:
Certification
Candidates must be at least 18 years of age in order to be granted a certification. Enrollment fees and any applicable extension fees must be paid in full before candidates are eligible to take an exam.

AFPA CODE OF ETHICS:
All certified and non-certified professionals agree to adhere to the standards outlined in the AFPA Code of Ethics. AFPA may revoke or otherwise take action with regard to the certification or application of an individual who is in violation of the AFPA Code of Ethics.  In addition, AFPA may revoke or otherwise take action with regard to the certification or application of an individual who is or has been convicted of, plead guilty to, or plead nolo contendere (no content) to a felony or misdemeanor.  Misdemeanors may be appealed to AFPA by the candidate.

PAYMENT:
AFPA accepts payment in the form of personal or business checks, cash, money order, PayPal, Affirm, Visa, MasterCard and American Express or purchase order. The accepted methods of payment may be changed by AFPA at any time in its sole discretion. For orders placed from outside the United States, the only accepted forms of payment are by Visa, MasterCard or American Express. If for any reason payment is incomplete (returned check, declined credit card, etc.), the Account will be placed on hold and the member will be unable to access or complete any online material, quizzes or exams until full payment is received, processed and approved. AFPA has the right to reject any order and/or to limit quantities on any order, for any reason at its sole discretion.

RETURNS, REFUNDS, EXCHANGES:
Once you have agreed to the terms and conditions, and the enrollment policy, and your product(s) has been shipped there are no refunds under any circumstance.  For any errors in ordering or for transfer request contact AFPA within 24 hours of placing your order for approval.  Sales promotions and discounts coupons may not be combined, nor may they be applied after purchase/enrollment.  

AFPA CERTIFICATIONS:
Certification is available for the AFPA Certification programs only, listed under AFPA Personal Trainer Certification, Nutrition Certification and Fitness Certification headings.  You agree not to disclose any portion of the exam to any third party. Any unauthorized disclosure may subject you to civil and criminal penalties. AFPA reserves the right to pursue any and all legal action if you violate these terms. Certifications are valid for two years and must be renewed by submitting the AFPA Recertification Application, 16.0 approved Continuing Education Units (CECs), including CPR/AED certification where applicable, and the prevailing and applicable recertification fee. Certification for any AFPA Certification course will be awarded upon successful completion of the requirements of the course you are enrolled in, within the designated time period.  

AFPA RETEST POLICY:
AFPA certification candidates who do not successfully pass their examination may purchase a retest. Candidates may purchase multiple retests provided that the original version of the examination is currently available. Candidates who purchase retests have 30 days from the date of purchase to attempt the examination.

RECERTIFICATION:
All AFPA certifications must be renewed every two years. 16.0 CECs from AFPA and/or an AFPA approved provider must be completed before the certification expiration date, or within 30 days of the expiration date to avoid a late fee(s).  Late fees apply if past 30 days.  Certifications will not be renewed is expired greater than 1 year.  

Specific Certification Renewal Requirements can be found here.

PROMOTIONS AND DISCOUNTS:
For Corporate pricing and bulk enrollment discounts for courses please contact AFPA at 1-800-494-7782 for more details. Discounts, promotions and credits may not be combined with other offers. Additional restrictions may apply.

SHIPPING:
In-stock items normally ship within 24 business hours for orders placed before 12 noon EST, Monday through Friday, excluding holidays. 

INTERNATIONAL SHIPPING:
International orders (placed from outside the United States) must be paid for by credit card. International orders are shipped FED EX.  If shipping charges exceed $100, you will be contacted for approval. Customer will be responsible for any customs fees that may be associated with the shipment to his/her country.

CONFIDENTIALITY POLICY:
Except as permitted by this Agreement and the AFPA website Privacy Policy, no member of AFPA, AFPA faculty, AFPA employees, shall divulge confidential examination candidate or certified member information without express written consent from those individuals. All member inquiries will be conducted only with enrolled candidates other than as allowed by AFPA's Privacy Policy or the candidate's opt-in elections and currently certified members. Certified member information and confidential information consists of your application status, your raw certification examination scores, your phone number(s), your email address(es), and your residential address(es). You acknowledge and agree that your certification status is not confidential information and that AFPA may disclose your current certification status, including expiration dates, to third parties. Exam questions and content are not available for review. AFPA will not discuss exam questions or content with the candidate or any third party.

COMPLIANCE WITH LAWS; EXPORT:

You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of AFPA Materials. You will not use the AFPA Materials in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export the AFPA Materials except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. AFPA Materials may not be exported into any U.S. embargoed countries or to anyone on the U.S. Government's list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.

USE OF LINKS:
AFPA may include material from third parties or include links to third party websites in its AFPA Materials. Such material is provided as a convenience to you and AFPA assumes no liability or responsibility for such third party materials or websites. Please note that these third party websites may have privacy policies that differ from AFPA's and AFPA encourages you to carefully read those policies. The AFPA Privacy Policy applies only to information collected by the AFPA website.

DISCLAIMER OF WARRANTIES:
AFPA materials, including but not limited to, AFPA courses, services, and related materials and products, are provided to you "as is" and "as available", without warranty of any kind, and AFPA hereby disclaims all warranties with respect to all AFPA materials and services, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, satisfactory quality or title, quiet enjoyment, and non-infringement. No oral or written statement by any AFPA employee or representative shall create a warranty or modify this section. Certain jurisdictions do not permit the exclusion of implied warranties, so the foregoing exclusion may not apply to you.

You expressly agree that your use of, or your inability to use, AFPA materials and services is at your sole risk. AFPA does not warrant for the accuracy or completeness of any information, text, graphics, links or other items contained within AFPA materials or for any errors, omissions, or any outcomes related to your use of AFPA materials. AFPA takes precautions to protect AFPA, but makes no warranties respecting any harm that may be caused by the transmission of a computer virus, or other such computer program. AFPA does not guarantee or warrant that your use of AFPA materials or services will be error-free or uninterrupted. AFPA materials and services are provided to you with the understanding that AFPA is not rendering to you any medical, legal, accounting, or other professional service or advice. If such advice or other expert assistance is required, the service of a competent professional should be sought.

LIMITATION OF LIABILITY:
In no event will AFPA, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, special, incidental, punitive, or consequential damages, including but not limited to, lost profits, loss of data, or business disruption, arising out of or in connection with this agreement or your use of the AFPA materials, including without limitation services, including but not limited to, any errors or omissions in any materials or any loss or damage of any kind, even if advised of the possibility of such loss or damage. Certain jurisdictions do not permit the exclusion of consequential or incidental damages, and in such jurisdictions, AFPA’s liability shall be limited to the extent permitted by applicable law.

INDEMNIFICATION:

By accepting this Agreement and using the AFPA Materials, you agree that you will indemnify and hold AFPA, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless in connection with any claim arising out of your breach of the terms of this Agreement, your use of the AFPA Materials, or any action taken by AFPA to protect its intellectual property, including, but not limited to, suspension or termination of your access to AFPA.

TRADEMARKS:
AFPA's logos, trademarks, and service marks ("Marks") are owned by AFPA. You may not use the Marks without the prior written approval of AFPA.

MISCELLANEOUS:
AFPA reserves the right to update and modify the terms of this Agreement without advance notice to you and such changes will be effective immediately when posted on this site and will govern your continued use of AFPA Materials.

Your access to online course AFPA Materials will expire.

This Agreement is governed by the laws of the State of New Jersey, U.S.A., without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the State of New Jersey, U.S.A. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement. No AFPA employee or representative has any right or authority to modify, whether orally or in writing, the terms of this Agreement, unless such modification is in a written agreement signed by an authorized representative of each party.

This Agreement is the entire and exclusive agreement between AFPA and you regarding your use of AFPA Materials and replaces any prior agreements between you and AFPA regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. AFPA's failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. AFPA is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of AFPA's control. This Agreement, and the license rights granted herein, are not assignable by you and any attempt to do so is of no force and effect.

AFPA reserves the right to take steps AFPA believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that AFPA has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as AFPA believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to AFPA's right to cooperate with any legal process relating to your use of the Services and/or Materials, and/or a third-party claim that your use of the Services and/or Materials is unlawful and/or infringes such third party's rights).

PRIVACY STATEMENT & TERMS OF USE:
Your use of AFPA’s Materials is subject to the AFPAs Privacy Statement 
and AFPA Enrollment Agreement and AFPA Terms & Conditions.