Afpafitness.com and its associated websites, mobile applications, and web applications (collectively, the “Site” or “Service”) is owned and operated by American Fitness Professionals & Associates LLC (“AFPA”). By visiting the Site or using any of the AFPA Products (as defined below), you agree these Terms of Service (the “Agreement”) in full and without modification.
This Agreement forms a binding contract between you“”“” and AFPA and governs your use of the Site and AFPA’s products and services, including (but not limited to) offerings, materials, and courses, whether delivered by shipment or accessed online, including, without limitations, 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, “AFPA Products”) made available to you by AFPA.
In addition to your agreement by using the AFPA Products, you must also affirmatively assent to this Agreement before establishing an account with AFPA, ordering, or enrolling with AFPA. By clicking “I accept” or ordering, registering 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,” or “I agree.”
Prices, terms, and offerings on AFPA's Site are subject to change without notice.
THE SERVICE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” AFPA ASSUMES NO RESPONSIBILITY FOR TIMELINESS OF THE SERVICE, ERRORS IN CONTENT CONTAINED THEREON, PERIODS OF INACTIVITY OR INABILITY TO USE THE SERVICE, FAILURE TO STORE ANY PARTICULAR INFORMATION, COMMUNICATION, OR WRITING. ADDITIONALLY, AFPA PROVIDES THE SERVICE ITSELF, AND ANY AND ALL INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE AFPA IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF SUCH CONTENT OR INFORMATION.
Unless explicitly stated otherwise, any newly added features which may augment or enhance the Service, including without limitation the release of new AFPA Products, are subject to the then current Agreement.
All users must abide by the Agreement. AFPA may, at any time and for any reason whatsoever, discontinue said user’s ability to use the Service at any time, and for any reason. In addition, AFPA has the right, but not the obligation, to adjust, edit, or delete any materials, data, links, posts, or comments which AFPA may find objectionable in its sole discretion.
You may only use the Service for purposes expressly permitted by this Agreement.
You alone are solely responsible for any activity that takes place on the Service under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify the AFPA immediately. It is up to you to maintain the confidentiality of your password and username at all times.
You understand that you may receive business-related communications from AFPA such as Service announcements and account administrative notices, and you agree that these communications are not “unsolicited commercial email advertisements” and thus, subject to all applicable laws, you agree to receive such communications. You may unsubscribe from the receipt of such email communications at any time by sending an email requesting such un-subscription and/or cancellation to an email address that shall be designated specifically for receipt of such requests, however, the fulfillment of this request may affect the functionality of the Service and its ability to perform as intended. Additionally, even in the event that you unsubscribe from the marketing emails, if you are registered with an account or have requested that the AFPA contact you about certain services, you authorize the AFPA to send you important notices about such services and any pending transactions relating to these services, to any email address you have provided to AFPA throughout the registration process, or at any other time thereafter. It is your sole responsibility to ensure that the email address on file remains up to date to be sure that important emails sent to you are not blocked or re-routed to spam folders.
YOUR AFPA ONLINE ACCOUNT:
Before creating an account with AFPA (“Account”), you will be required to provide certain information. When establishing your Account, you agree to permit AFPA to store and use your registration data to maintain your Account. You agree to protect 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) and that any attestations which you are required to complete in connection with the previous will be completed only by you.
In order to use certain aspects of the Service you may be required to register for an account. AFPA refers to registered users as “members.” Members agree to each of the following additional terms:
RULES OF BEHAVIOR:
You understand and agree that AFPA Materials constitute intellectual property and proprietary material that AFPA, its affiliates, or its licensors are protected under intellectual property laws in the United States and other countries, including, but is not limited to, copyright. AFPA and its licensors reserve all rights not expressly granted to you under this Agreement. 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 other countries. Other trademarks, service marks, graphics, and logos used in connection with the AFPA Materials may be their respective owners' trademarks. AFPA and its licensors do not grant you any right or license connected with any of the other 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 by 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.
AFPA respects the intellectual property of others and AFPA requires that you do the same. In certain circumstances and at its discretion, AFPA may, but is not obligated to, disable, suspend and terminate the Accounts of members who may be infringing on the rights of others. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact AFPA as soon as practically possible with the following information:
Upon receiving a sufficient and proper notification of alleged copyright infringement as described above, AFPA will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to AFPA by mail or email as set forth below:
You agree not to, without the express prior written consent of AFPA in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Service or content or other information or materials of any kind that you do not own.
NO CO-BRANDING OR FRAMING:
You may not use or authorize any party to co-brand or frame the Service without the express prior written permission of an authorized representative of AFPA, as applicable, in each instance. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute any materials associated with the Service, in whole or in part, and/or any content accessible within the Service. For purposes of this Agreement, “framing” refers to displaying any AFPA associated Service within a bordered area of another website, regardless of whether the address of the originating Site is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from AFPA.
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 to it. 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 are 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 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 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. In no event will AFPA be liable for making any such changes.
ELIGIBILITY FOR CERTIFICATION:
Certification Candidates must be at least 18 years of age 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 reserves the right to set and modify the criteria for certification at any time.
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 concerning the certification or application of an individual who violates the AFPA Code of Ethics. Also, AFPA may revoke or otherwise take action concerning the certification or application of an individual who is or has been convicted of, plead guilty to, or plead nolo contendere (no contest) to a felony or misdemeanor. Misdemeanors may be appealed to AFPA by the candidate.
AFPA accepts payment in the form of personal or business checks, cash, money order, PayPal, Affirm, Amazon Pay, Visa, MasterCard, and American Express or purchase order. AFPA may change the accepted methods of payment at any time in its sole discretion. If payment is incomplete, such as a returned check or declined credit card, 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 limit quantities on any order, for any reason, at its sole discretion.
Depending on the Services sought or the subscription enrolled in, the Services and corresponding fee structure you select, may automatically renew in the case of a subscription, at the end of each billing cycle, if the Services are not cancelled prior to the last business day before the next scheduled billing date. In order to make said payments required for the Services offered, you may be asked to input personal and/or business banking information, including but not limited to, credit card information, billing addresses, bank account information, or account information for other payment Services offered, such as PayPal or other similar payment methods made available at that time.
RETURNS, REFUNDS, EXCHANGES:
Once you have agreed to the terms and conditions and the enrollment policy and your product(s) have been shipped, there are no refunds, exchanges, or transfers under any circumstance. If an error occurs in fulfillment, 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 education, training, and certification course enrollment, course fees, course materials, and shipping fees are non-reusable and non-returnable. No exceptions. All students have the opportunity to complete the course they have enrolled in a set time frame. There are no refunds if you choose not to complete the AFPA program that you have registered. AFPA does not guarantee any job placement or employment upon completion of certification programs.
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 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, within the designated time.
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. Candidates must retest within two months of the first testing attempt.
All AFPA certifications must be renewed every two years. 16.0 CECs from AFPA 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 of the expiration date. Certifications will not be renewed if expired greater than one year.
Specific Certification Renewal Requirements are located 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.
After payment is authorized, in-stock items usually ship or are electronically delivered within 24-48 business hours for orders placed before noon EST, Monday through Friday, excluding holidays. Exceptions may apply.
International orders that include physical materials such as textbooks are shipped FED EX. The customer will be responsible for customs fees and any other associated fees for shipment to their country.
DISCLOSURES REQUIRED BY LAW:
AFPA hereby reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. AFPA reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing AFPA to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the Agreement. AFPA, may but is not obligated to, use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that AFPA shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD AFPA HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AFPA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER AFPA, OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.
TCPA AND ELECTRONIC COMMUNICATIONS:
Through the use of the Service, users also hereby expressly consent and agree to receive electronic communications from AFPA or other users with whom users connect with through the Service, which may come in the form of email or SMS text messages. The ways in which the AFPA shall communicate with users may include but not be limited to mediums in the form of emails, SMS text messages, posts, notices, or alterations on the Website, or through other electronic communication mediums. Users hereby consent and agree that all agreements, notices, disclosures and other communications that AFPA provides to users electronically shall suffice to satisfy any and all legal requirement that such communications are made in writing. AFPA may send users electronic newsletters through email, and may send users emails on behalf of third-parties containing promotional offers or sales which AFPA may determine may interest you. Users may unsubscribe from the receipt of such emails at any time by sending an email requesting such un-subscription and/or cancellation to an email address that shall be designated specifically for receipt of such requests, however, the fulfillment of this request may affect the functionality of the Service and its ability to perform as intended. Additionally, even in the event that a user unsubscribes from the marketing emails, if said user is registered with an Account or have requested that AFPA contacts user about certain services, user thereby authorizes AFPA to send user important notices about such services and any pending transactions relating to these services, to any email address user has provided to AFPA throughout the registration process, or at any other time thereafter. It is user’s sole responsibility to ensure that the email address on file remains up to date to be sure that important emails sent to user are not blocked or re-routed to spam folders. Users hereby agree and acknowledge that through the use of the Services, said user’s contact information may be shared with other users. Users hereby agree and acknowledge that AFPA shall have no liability for any damages, costs, or other losses which may be incurred by user or any third-party as a result of the sharing of such contact information. AFPA hereby disclaims any and all liability or responsibility with respect to any potential TCPA or CAN-SPAM claims, or alleged violations thereof, which may result from the sharing of any contact information of any user, through the use of the Services.
PERSONALLY IDENTIFIABLE INFORMATION:
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:
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 any kind of warranty. AFPA 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 above exclusion may not apply.
You expressly agree that your use of, or your inability to use, AFPA materials and services are at your sole risk. AFPA does not warrant the accuracy or completeness of any information, text, graphics, links, or other items contained within AFPA materials or 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 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 for entertainment purposes only, with the understanding that AFPA is not rendering to you any medical, legal, accounting, or other professional service or advice. If such information or additional expert assistance is required, a competent professional's service should be sought immediately.
No advice or information, whether oral or written, obtained by you from AFPA or through or from the Service, shall create a warranty not expressly stated in this Agreement.
LIMITATION OF LIABILITY:
You expressly understand and agree that AFPA will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, other intangible losses, costs, fees, monetary losses, or losses of other benefits, even if AFPA has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Service itself, or the content or information offered through the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third-party including advertisers on the Service, the cost of procurement of substitute goods or services resulting from any materials, goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, and/or any other matter relating to the Service or your use thereof. In no event will AFPA be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind. You hereby acknowledge and agree that when engaging in the use of the Service, you shall follow and strictly abide by any and all applicable laws and regulations pertaining to such use, and that AFPA shall in no way, shape, or form be liable for any damages, fines, or other unintended consequences resulting from any violation of such applicable laws or regulations. You shall be solely responsible for your use of the Service, and you hereby agree to indemnify, defend, and hold AFPA, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any damages or fines resulting from your violation of any applicable laws and regulations, through the use of AFPA’s Service.
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.
The Service does not contain medical advice, nor does AFPA provide the same. The content of the Service, such as text, graphics, images and other material are intended for entertainment purposes only and not for the purpose of rendering medical advice of any sort. The content of the Service is not intended to be a substitute for professional medical advice, diagnosis or treatment. Although AFPA makes efforts to keep information on the Site updated, AFPA cannot guarantee that the information on AFPA’s Site reflects the most up-to-date research.
Please consult your physician for personalized medical advice. Always seek the advice of a physician or other qualified healthcare provider with any questions regarding a medical condition. Never disregard or delay seeking professional medical advice or treatment because of something you have read on AFPA’s Site.
Before engaging in any activity, using any products, taking any medications, over-the-counter drugs, supplements or herbs, always consult a physician for a thorough evaluation. The AFPA does not endorse any activities or exercise programs, products, medications, remedies, vitamins or herbs of any kind. A qualified physician should make a decision based on each person's medical history and current prescriptions. The product or medication summaries provided do not include all of the information important for any person to use and should not be used as a substitute for professional medical advice. A licensed physician should be consulted concerning any questions that you have.
In a medical emergency call 911 immediately. AFPA does not recommend or endorse any specific activity, workout routine, test, physician, product, procedure, opinion or any other information provided on its Site. Reliance on any information provided by AFPA, its employees, any third-parties, or any other visitors to the Site, is solely at your own risk.
AFPA owns AFPA's logos, trademarks, and service marks (“Marks”). You may not use the Marks without the prior written approval of AFPA.
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. They will govern your continued use of AFPA Materials.
This Agreement is governed by the laws of the State of Florida, U.S.A., without affecting its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the State of Florida, 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 power 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. It 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 remain in full force and effect. AFPA's failure to enforce any right under this Agreement will not constitute a waiver of such a right or any other right under this Agreement. AFPA is not responsible for failing to fulfill its obligations hereunder for reasons 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 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 account information to law enforcement authorities, government officials, and a third party, as AFPA believes is reasonably necessary or appropriate to enforce and 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 Materials, and a third-party claim that your use of the Services and Materials is unlawful and infringes such third-party's rights).
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