Terms and Conditions
Welcome to this NASM or AFAA website (“Site(s)”), which are owned and
operated by the Assessment Technologies Institute, LLC, through its
division located at 1750 E. Northrop Blvd., Suite 200, Chandler, AZ, 85286,
USA (the “Company”).
PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL AGREEMENT ("AGREEMENT")
BETWEEN YOU AND THE COMPANY, AND GOVERNS YOUR ACCESS TO AND USE OF THIS
WEBSITE AND THE PRODUCTS, SERVICES, MATERIALS, COURSES, AND ASSESSMENT
(REFERRED TO HEREIN AS “PRODUCTS AND/OR SERVICES”) OFFERED ON THIS WEBSITE.
BY ACCESSING OR USING THIS WEBSITE OR BY ORDERING THE PRODUCTS AND SERVICES
OFFERED HERE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. GETTING STARTED
1.1 By purchasing any Products or Services or registering for an account,
examination, course, or membership with or through this Site, you are
legally bound to the following terms and conditions. Prices, terms and
offerings on the Sites are subject to change at any time without notice.
In order to participate in workshops or other live events or to sit for a
2.1 You must possess a high school diploma or the equivalent, such as the
General Education Development (GED) test (for more detailed information,
please see the Candidate Handbook); and you must obtain and maintain Adult
CPR and AED certifications from an approved CPR/AED provider, such as the
American Red Cross, American Heart Association, the Emergency Care &
Safety Institution (please contact Member Services to confirm that any
other provider has been approved and please note that online providers are
not acceptable). All CPR/AED courses must have a hands-on training
2.2 Candidates for an Advanced Specialization (PES or CES) must hold either
a bachelor's degree in a health and fitness field or have a current NCCA
accredited CPT certification. Candidates may also petition for advanced
specialization eligibility if they hold a bachelor's degree in a field
other than health and fitness and they have extensive health and fitness
2.3 Candidate Handbooks. In addition to these Terms and
Conditions, (a) candidates for the NASM Certified Personal Trainer
("NASM-CPT"), CPT Certified Professionals, and those who take or have taken
NASM Advanced Specializations and (b) candidates for AFAA Certified Group
Fitness Instructor (AFAA-CGFI”) certification and CGFI Certified
Professionals are subject to the policies and procedures set forth in the
relevant Candidate Handbook.
Before purchasing any of these products or before the Return Period
expiration, you should review the Candidate Handbook
that is relevant to you.
2.4 In the Candidate Handbooks, you will find essential information about
policies and procedures for CPT/CGFI candidates, CPT/CGFI Certified, as
well as important information about registering for a certification
examination, special programs offered for candidates, information about
guarantees, continuing education and recertification requirements for
Certified Professionals, and other terms and conditions.
All Candidates and Certified Professionals are required to review the
Candidate Handbook related to their field (either the NASM Candidate
Handbook for CPT or the AFAA Candidate Handbook for CGFI) prior to
examination and recertification.
3. YOUR ACCOUNT
In creating an account with NASM or AFAA ("Account"), you will be required
to provide certain information. Upon establishing an Account with the
Company, you will be provided with a username, access code or product code. When establishing your Account, you agree to:
3.1 Provide complete and accurate information to the Company and to permit
the Company to store and use your registration data for use in maintaining
3.2You agree to protect your username and password, as well as any access
codes and product codes provided by the Company, and not share them with
others or permit any unauthorized use of the Products and Services.
3.3 You certify and represent that you will be the person using the
Products and Services 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.
3.4 Purchases made under your account are nontransferable.
4. EXAM REGISTRATION
4.1 Along with establishing your account, you may be required to separately
register for an examination date, depending on the products you select. The
Company recommends that examination candidates register for their exam at
least sixty (60) days prior to an anticipated examination date to better
able to select his/her preferred date and to allow time for receipt of
materials and self-study. All examination registrations, including
registrations from bulk purchases, are nontransferable.
PRODUCT AND SERVICES TERMS
5. PURCHASING OPTIONS; PAYMENTS
These Terms and Conditions apply to all purchases unless specifically
modified by contract agreement. All fees are expressed in U.S. dollars.
Most products and services are sold on a direct to consumer basis. Full
payment is typically made at the time of sale.
5.1 Purchasing Options
Promotions and Discounts
. Periodically, the Company offers promotions or discounts that, if entered
at the time of purchase, will be immediately reflected in the purchase
price. Most promotions and discounts are offered with specific terms and
conditions, including eligibility conditions, so customers are advised to
reviews these terms and conditions in advance of purchase. Please note that promotions and discounts are not
stackable – only one promotion or discount can be applied to an order and
that, after the initial purchase, adjustments to the purchase price for
promotions or discounts will only be honored if presented to Customer
Service within 28 days of the original purchase
Corporate pricing for products and services may be available for certain
business accounts. Please contact a Sales Associate for more details.
Corporate discounts and credits may not be combined with other offers and
are not transferable. Additional restrictions may apply. In order for a
corporate discount to apply, the person making the purchase must be
employed by the corporate entity, and have proof of employment, on the date
of the purchase. A corporate discount presented within 28 days of the
initial purchase will be honored provided that the employment requirements
. Bulk purchases may be available for certain business accounts. Please
contact a Sales Associate for more details.
5.2 Payment Options
The Company accepts the following credit and debit card types: American
Express, Discover Card, Visa, and MasterCard. Additional forms of payment
with business checks, cashier’s checks or money order are accepted for paid
in full non-installment orders and orders placed within the United States.
For orders placed from outside the United States and when paying by
installments (not available for all Products and Services), the only
accepted forms of payment are by credit card or debit card. If for any
reason payment is incomplete or untimely (returned check, declined credit
card, etc.), your account will be placed on hold and you (or, if you are a
fitness or educational partner, your students or employees) will be unable
to access or complete any online material, quizzes or exams until full
payment of the then due amount, plus any fees, is received, processed and
approved. The Company has the right to reject any order and/or to limit
quantities on any order, for any reason at its sole discretion.
For some Products and Services, the Company offers installment payment
plans. There are two types of plans: the RIC Plan, which is a traditional,
longer term payment plan and the Web Installment Plan
1. RIC Plan: To obtain a RIC Plan, you must contact the Company by
phone. The RIC Plan is not available for all Products and Services. The RIC
Plan is an interest-free payment plan of up to twelve installments. You and
the Company will execute a Retail Installment Contract (RIC), the terms and
conditions of which will apply and govern your payment plan. Please note
that the RIC may include terms that are inconsistent with this policy but,
in all such cases, the terms of the RIC will supersede the terms set forth
herein. In order to enter into and maintain an installment plan, a valid
form of payment must be provided to the Company and, should the payment
form subsequently be cancelled, you must immediately provide another valid
form of payment to the Company.
Cancellation of a payment form does not excuse you from your
obligations under the RIC.
Nonpayment will jeopardize your access to Company products and services,
your certification status and your ability to recertify.
2. Web Installment Plan: The Web Installment Plan may be selected at
the time of an online purchase for certain Products and Services (it is not
available for all Products and Services). The Web Installment Plan is an
interest-free, four-payment plan of equal amounts – the initial payment is
made at the time of purchase and each of the three remaining payments will
be automatically processed against your credit card a monthly basis for the
following three months.
Web Installment Plan Terms:
In addition to all of the Terms and Conditions set forth in this document,
if you select the Web Installment Plan, the following terms apply:
· In order to enter into and maintain an installment plan, a valid form of
payment must be provided to the Company and, should the payment form
subsequently be cancelled, you must immediately provide another valid form
of payment to the Company.
Cancellation of a payment form does not excuse you from your
obligations under this plan.
Nonpayment will jeopardize your access to Company products and services,
your certification status and your ability to recertify.
· In order to enter into the Web Installment Plan, you will acknowledge
that (i) you affirmatively authorize the Company to charge the initial
transaction and three subsequent transactions the debit/credit card you;
(ii)t you will hold the Company harmless with respect to the authorization
to charge your debit/credit card for these transactions; (iii) you were
informed about the transaction split and I will not claim any transaction
back made by NASM/AFAA for the authorized amount; and (iv) you read this
Terms and Conditions document, including these Web Installment Plan terms
and, the Refund Policy below, and you agree to all of the Terms and
· By selecting the Web Installment Plan, you agree that you are liable to
the Company for payment of all amounts due under the plan and you promise
to pay us the amount financed, plus other fees and charges, in the time,
manner, and amounts due. You also authorize us to charge the initial
payment and each subsequent payment to the credit/debit card you provide
and that at all times you will ensure that a valid form of payment is made
available to the Company. You may prepay the amount owed on the plan in
full or in part at any time, without penalty. You agree that the Company is
not liable to you for any reason related to the fees or charges your
financial institution may assess in connection with any plan payments that
are made or attempted to be made (such as over limit fees, non-sufficient
funds fees, or returned payment fees).
· Except to the extent restricted by applicable law, the Company may
declare your plan to be in default if: (a) we are unable to process a
payment when due and you do not then make the full amount of such payment
within five (5) business days of the scheduled due date; or (b) any event
occurs that, in our reasonable judgment, significantly impairs the prospect
of performance of your payment obligations. If we determine an event of
default has occurred, we may, immediately and without advance notice,
suspend or terminate your ability to have continued or future access to the
Products and Services, to revoke your certification, if any, and refuse to
recertify you. We also reserve the right, after we provide any notice and
wait any time period required by law, to refer your account for collection
by a third-party collection agency, report your nonpayment to credit
bureaus, initiate actions to collect all amounts owed, and/or exercise any
other remedies available under law. Our rights and remedies under the
Contract are cumulative.
Fitness and Education Partnerships.
Customized packages are available for educational institutions and health
clubs that meet certain criteria. Pricing is based on volume and level of
commitment. If, pursuant to the agreement between the Company and the
partner, a customized package does not require upfront payment in full,
failure by the partner to make complete and timely payments will result in
the partner’s account being placed on hold and a suspension of access to
the Company’s products and services for the partner’s students or employees
until full payment of the then due amount, plus any fees, is received,
processed and approved. Please contact a Sales Associate for more details.
5.3 Refund Policy
This policy is applicable to all Products and Services, including
continuing education. Please note that any previously
published policies concerning returns, refunds or cancellation have been
replaced by the policies stated herein and all such earlier policies are no
To obtain a refund, the following conditions and rules apply:
· All sales are final twenty-eight (28) days
after the date of purchase (the “Return Period”). In other words, as of the
29th day following the date of purchase, the Company will not provide
refunds or accept returns.
o Please note:
§ NASM offers a 14-day free trial of its NASM-CPT program. The free trial offers buyers an opportunity to preview the product before purchase.
§ Typically, access to online products is available immediately following
purchase, but may take up to two days to be activated.
§ It is not necessary to wait for shipped products to be delivered – you
can start your online program without the textbook. Shipped products
typically ship within two days of purchase.
· You must contact the Member Services department within the Return Period
to request a refund.
· If you have attempted the final test, exam or proctored exam associated
with the product or service you purchased, you will not be entitled to a
· A 10% administration fee is applied to all refunds and is based upon the
“Product Price”, which is the total purchase price including applicable
taxes minus all Standard Fees charged at the time of purchase.
· The following Standard Fees are non-refundable: Shipping and/or Handling,
Application, Administration, Test Extension, Late Cancellation, Retest,
Workshop Transfer, Program Extension, Petition, Recertification, and
Recertification Late Fees.
· Refunds are available only for the Product Price, and then only for the
portion of the Product Price that has been paid to the Company at the time
of the refund request. In other words, if you are making installment
payments and you timely seek a refund, the maximum refund would be the
amount you had paid to date (excluding any amount paid for Standard Fees),
minus the 10% administration fee applied to all refunds.
· Often products are sold as packages (e.g., hardcopy book, online program
and final exam). Refunds are not available for individual items within a
Product Package. If an item within a Product Package is defective, you can
request an exchange of that item by contacting the Member Services
department within the Return Period.
· All refunds are issued in the same form as the original payment, except
if you elected an installment plan. For example, if a credit card was used
for the original full-payment purchase, the refund will be made back to
that credit card. Alternatively, if you elected to use an installment plan,
the refund will be made to the form of payment you used to make you most
recent installment plan payment. Please note, however, that if the rules of
the credit card company do not permit a refund be issued to the card
(typically because the date of the original transaction is outside the
credit card company’s permitted refund period), the Company instead will
issue a check.
Refunds for Guarantee Programs.
Candidates for the NASM-CPT optionally may purchase a package that includes
the Exam Prep Guarantee and candidates for the NASM-CPT and the AFAA-CGFI
may purchase a Job Guarantee programs (to learn more, please consult the
Candidate Handbook). The 10% administration fee will not be applied to
guarantee refunds. The guarantee refund will be issued in the same form as
your original payment except, if you are making installment payments, the
guarantee refund will first be applied to the outstanding balance of your
installment plan, if any, and any remaining guarantee refund monies will be
returned to you in the same form you used to make you most recent payment
on the installment plan.
6. WORKSHOPS OR OTHER LIVE EVENTS
The purpose of a workshop is to provide participants with a live, practical
application of the subject matter. Participation in a workshop is not
required and does not guarantee improved performance on the exam.
· You are responsible for scheduling your own workshop within at least one
week prior to the desired date using the registration invitation received
· Only those participants who are enrolled in a workshop through the
scheduling portal may attend the workshop.
· Participants are responsible for their own travel and hotel
6.2 Workshop Policy
· If a workshop offers Continuing Education Units ("CEUs"), the CEUs are
only awarded to attendees (a) who already hold a current certification and
(b) who attend the entire workshop.
· Multi-day workshops days must be taken concurrently and no refunds or
CEUs will be awarded for incomplete attendance.
· The purchase of a workshop expires 18 months from date of purchase.
· You may request to cancel or reschedule your workshop registration by
contacting the Member Services Department at least seven (7) days before
the date of the scheduled workshop (excluding the date of the workshop) at
no additional charge.
· The Company, in its sole discretion, may allow an exchange outside the
seven (7) day period when it deems the circumstances warrant an exception.
You will be required to pay the Late Workshop Transfer Fee.
· Failure to attend a workshop will result in the forfeiture of the cost of
the workshop. A replacement workshop will be charged at full price.
· Under no circumstances, will a return for refund or an exchange be made
if sought on or after the date of the scheduled workshop.
6.3 Cancellation of a Workshop or other Live Event
In the event that the Company cancels a workshop or other live event, you
will be notified as soon as practical under the circumstances using the
contact information you provided at time of registration. In such case, you
will be entitled to a full refund, less any merchandise you may choose to
keep and any standard fees associated with the merchandise you choose to
keep. Under no circumstances will the Company be liable for reimbursement
of expenses incurred by you, if the Company notifies you or makes
reasonable effort in good faith to notify you prior to the date of the
workshop or live event. Before incurring additional expenses, you should
verify the event at: http://www.nasm.org or http://www.afaa.com.
Notwithstanding the foregoing, if the Company cancels or postpones a
workshop or live event due to inclement weather, force of nature or any act
of God, the Company reserves the right to reschedule another, similar
workshop or event at a convenient venue to the original location, within
twelve (12) months from the date of such cancellation or postponement and,
in such circumstances, no refund will be due and the Company will not be
liable for any consequential loss resulting from such cancellation or
7. NASM ADVANCED SPECIALIZATIONS
that NASM offers both Advanced Specializations and Specializations. This
section concerns only the Advanced Specialization which are the Performance
Enhancement Specialization (PES) and the Corrective Exercise Specialization
7.1 Candidates for an Advanced Specialization must hold either a bachelor’s
degree in a health and fitness field or have a current NCCA accredited CPT
certification. You may also petition for eligibility with a bachelor’s
degree in field other than health and fitness if they have extensive health
and fitness industry experience.
7.2 You must be current on any financial obligations you have with the
Company, including any payment plans or outstanding fees for prior
purchases, to be eligible for an Advanced Specialization. Additionally, the
exam registration and any applicable fees must be paid in full before you
are eligible to take an Advanced Specialization exam.
7.3 The exam for an Advanced Specialization must be completed within one
year (365 days) of the original purchase date. If you do not take your test
within the one-year period, you may still schedule your exam at any time
after your testing period has expired but you will be subject to a Test
Extension Fee. Advanced specialization credentials do not expire and do not
7.4 Advanced Specializations Retest Policy. If you do not
successfully pass your Advanced Specialization exam, you may contact NASM
one or more business days after the date on which you took the exam to
purchase a retest. You will have 365 days from the retest purchase date to
take the exam.
8. AFAA PROGRAMS AND CONTINUING EDUCATION REQUIREMENTS
8.1 The Certified Group Fitness Instructor (an accredited certification)
and the Primary Group Exercise Instructor and Personal Fitness Trainer
(credentialing programs) each require the completion of a prescribed
learning program and passing of an examination within a designated
enrollment period. The Certified Group Fitness Instructor certification
exam must be completed within 180 days of your registration date. The
Personal Fitness Trainer and Primary Group Exercise exams must be completed
within one (1) year of your registration date.
8.2 Your certification or credentials must be renewed every two years. In
order to recertify or renew your credentials, you must earn at least 15
approved hours of continuing education (1.5 CEUs) and at least 2 hours (0.2
CEUs) must be from AFAA continuing education courses. You can select to
earn your remaining CEUs by taking additional AFAA courses or courses
offered by AFAA-approved providers. If you take coursework that is not
pre-approved, you must fill out a
for AFAA’s review and, at AFAA’s sole discretion, approval of the course.
If approved, AFAA will determine the number of CEUs to award for the
course. Your CPR/AED certification must be current in order to recertify or
9. PROFESSIONAL CONDUCT
Each person who holds a credential or certification issued by the Company
must comply with all legal requirements of their credentialed profession.
In practicing the credentialed role, each person must:
· Provide optimal professional service and demonstrate excellent client
care in their practice;
· Conduct themselves in a manner that merits the respect of the public and
· Treat each client with the utmost respect and dignity;
· Respect the confidentiality of all client and employer information;
· Practice with honesty, integrity, and lawfulness, obeying all local,
state, federal and provincial laws, regulations and professional rules;
· Accept complete responsibility for their actions; and
· Respect and uphold all copyright, trademark and intellectual property
rights and laws.
The Company reserves the right to discipline a credential holder who
engages in illegal, threatening or unprofessional behavior in violation of
the conduct rules above. The Company also reserves the right to discipline
a credentialed person who is convicted of or who pleads guilty or nolo
contendere (no contest) to a felony or misdemeanor or who is found through
legal process to have been negligent or responsible for injury or harm in
performing his/her credentialed role or has misrepresented his/her
qualifications to provide services, including opinions or advice, to the
public. Discipline may include revoking the credential or reporting
unprofessional conduct to concerned third parties, including employers,
school, inquiring consumers of the credentialed person’s services, or any
regulatory, licensing body or law enforcement.
that the above guidelines for professional conduct do not apply to those
holding the NASM-CPT, CES or PES or the AFAA-CGFI credentials, each of whom
are required to comply with the Code of Professional Conduct and the other
rules and requirements set forth in the relevant Candidate Handbook.
10. ADA ACCOMMODATIONS
Special accommodations for candidates with documented disabilities pursuant
to the American with Disabilities Act (ADA) are available for certification
examinations. The Company will provide reasonable testing accommodations to
candidates whose documented disabilities or other qualifying medical
conditions hinder their ability to take an examination under standard
conditions. The Company reserves the right to determine the reasonableness
of the accommodation requested and accommodation will be granted only to
the extent that such accommodation does not fundamentally alter the
examination or cause an undue burden to the Company or the testing center.
The cost of excessive accommodation requirements is to be borne by the
candidate (i.e., electronic communication equipment, etc.). Your request
for an accommodation must be submitted at least 30 days prior to the
examination date using the form available at
11. SHIPPING; DELIVERY
11.1 In-stock items normally ship in 2 business days for orders placed
before 12:00 p.m. (noon) PST, Monday through Friday, excluding holidays.
Access to online courses may take 2 business days to process.
11.2 International Shipping
International orders (placed from outside the United States) must be paid
for by credit card or wire transfer. Due to the variance of international
shipping rates, the Company will add the exact shipping charge to your
purchase order. If shipping charges exceed $100, you will be contacted for
on this Site and any opt-in elections you have made, no Company employees,
committees or panels shall divulge confidential information about you
without your express written consent, except that certification status,
once earned, will be made available to the public as required by the
Company’s accreditor or state law. 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 the Company may de-identify and aggregate
your learning data, as kept within its online products, your examination
scores and your product usage data with the same data of others and to use
that aggregated data as the Company deems appropriate. You acknowledge and
agree that your certification status is not confidential information and
that the Company may disclose your current certification status, including
Site for more information about the protection and use of data.
13. NONDISCRIMINATION POLICY
NASM and AFAA do not discriminate against any individual because of age,
disability, gender, national origin, race, religion, sexual orientation,
veteran status or any other protected class. NASM and AFAA endorse and
adhere to the principles of equal opportunity.
14. LICENSE TERMS
Products and services made available to you by the Company 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 the Company. Your
license to use Company’s products and services is subject to your prior
acceptance of this Agreement and you agree that these terms will apply to
each Company’s product and service, 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, the Company 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 or translations of or based on the Company’s products and
services (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 Company’s
products and services). You agree to use the Company’s products and
services only as permitted under this Agreement and any terms delivered
with the Company’s products and services. 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 the Company’s products
and services. If the Company reasonably suspects that you have violated
this Agreement, or if you have not paid the fees that are due and payable
by you to the Company, then, without notice to you, the Company may
terminate this Agreement, the license, and your Account and deny you
further access to the Company’s products and services. Upon termination of
this license, you shall cease all use of the Company’s products and
services and remain liable for paying all amounts that may be due and
payable by you to the Company. The Company reserves the right to modify,
suspend, remove, or disable access to any Company products or services at
any time without notice and in no event will the Company be liable for
making any such changes.
15. INTELLECTUAL PROPERTY
15.1 You understand and agree that the Company’s products and services
constitute intellectual property and proprietary material that is owned by
the Company, 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 the Company and its
licensors. The Company names and acronyms, including NASM® and AFAA®, and
other Company trademarks, service marks, graphics, and logos used in
connection with the Company’s products and services are trademarks or
registered trademarks of the Company in the United States and/or other
countries. Other trademarks, service marks, graphics, and logos used in
connection with the Company’s products and services may be the trademarks
of their respective owners. The Company 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.
15.2 You agree to abide by all copyright notices and restrictions contained
on this or any website of the Company, on the Company’s products and
services and in accordance with this Agreement. You may not copy,
distribute, enter into a database, display, perform, create derivative
works, translate, or transmit any content contained in the Company’s
products or services, except that you may download one copy of any Company
materials accessible online so long as you comply with the terms of this
Agreement. All Company products and services 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 Company’s products or services.
All rights are reserved.The Company's logos, trademarks, and servicemarks
(together, "Marks"), are owned by the Company. You may not use the Marks
without the prior written approval of the Company.
16. NO RESALE
The Company’s products and services are not provided for redistribution or
resale under this Agreement.
17. 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 the Company’s products or services. You will not
use the Company’s products or services 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 Company’s products or services except as
is permitted under U.S. laws and the laws of the jurisdiction where you
reside. Neither the Company’s products nor its services may 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.
18. GOVERNMENT USE
The Company’s products and services were developed using private funds and
are "Commercial Items" as defined in 48 C.F.R. §2.101, consisting of
"Commercial Computer Software" and "Commercial Computer Software
Documentation." Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1
through 227.7202-4, as applicable, such Commercial Computer Software and
Commercial Computer Software Documentation are being licensed to the U.S.
Government solely as Commercial Items and only with those restricted rights
granted to all other end-users pursuant to the terms of this Agreement.
Unpublished-rights reserved under the copyright laws of the United States.
19. USE OF LINKS
The Company may include material from third parties or include links to
third party websites in its products and services. Such material is
provided as a convenience to you and the Company 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 those
of the Company and the Company encourages you to carefully read those
collected by this or other Company websites.
20. DISCLAIMER OF WARRANTIES
THE COMPANY’S PRODUCTS AND SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS
AVAILABLE", WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS
ALL WARRANTIES WITH RESPECT TO ALL PRODUCTS 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 Company employee or representative shall create a warranty or modify
this section. Certain jurisdictions do not permit the exclusion of implied
warranties, so the forgoing exclusion may not apply to you.
YOU EXPRESSLY AGREE THAT your use of, or your inability to use, the
Company’s products or services is at your sole risk. The Company does not
warrant for the accuracy or completeness of any information, text, graphic,
links or other items contained within the Company’s products or services or
for any errors, omissions, or any outcomes related to your use of the
Company’s products and services. The Company takes precautions to protect
itself against, but makes no warranties respecting, any harm that may be
caused by the transmission of a computer virus, worm or other system or
network infection or attack. The Company does not guarantee that your use
of the Company’s products or services will be error-free or uninterrupted.
You and those with whom you work or provide exercise advice should always
review the instructions and recommendations of the manufacturer of any
exercise equipment before use, even equipment that appears in any Company
product, as the manufacturer’s instructions and recommendations may have
changed since the publication of the Company product. YOU EXPRESSLY AGREE
that the Company is not responsible for harm that may arise from the use or
misuse of any exercise equipment by you or any person to whom you provide
exercise advice or instruction.
DISCLAIMER: NO PROVISION OF PROFESSIONAL ADVICE; NO GUARANTEE
The Company, its licensors and contributors are not engaged in rendering
medical, legal or other professional advice of services and the content of
the Company’s products or services or its websites and marketing materials
are not intended to take the place of such advice. If such advice or other
expert assistance is required, the service of a competent professional
should be sought. Please consult a physician or other appropriate
professional before using any of the information, services, products or
other resources you may find in the content of the Company’s products or
services or the Company’s websites and marketing materials, or other
resources mentioned or made accessible through the Company’s websites. The
Company does not endorse, sponsor or guarantee any of the information of
others, including advertisers, providers or partners, that may be
accessible or made available on its websites or in its marketing materials
or posted by any users who are not officers, directors, employees,
representatives or agents of the Company. Except as specifically stated in
the Candidate Handbooks, the Company does not guarantee that the use of any
of its CPT and/or CGFI study or preparation materials or tools guarantees
success on the certification exam or of future employment. Use of the
Company’s CPT and/or CGFI study or preparation materials or tools is not
required to sit for the certification examination.
22. DISCLAIMER: NO ENDORSEMENT OR AFFILIATION
Without limiting the forgoing, the Company makes no representations or
warranties and assumes no liability regarding the background, suitability
or qualifications who may participate in Workshops or other live events,
whether as providers (independent contractors who serve as instructors or
trainers, staff of the facility or other non-employees of the Company
present at such events) or as recipients of the Company’s products or
services. Participants are solely responsible for making their own
inquiries regarding the suitability of such individuals.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, 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 PRODUCTS AND SERVICES, 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, THE
COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE
In no event shall the Company's total liability to you for all damages
exceed the amount of one hundred dollars ($100.00). The foregoing
limitations will apply even if the above stated remedy fails its essential
By using the Company’s products and services and this Site, you accept this
Agreement and you agree that you will indemnify and hold the Company and
its parent companies and affiliated entities, its and their respective
directors, officers, employees, agents, contractors, principals, and its
licensors and suppliers and their respective parent companies, affiliated
entities, directors, officers, employees and agents harmless in connection
with any claim arising out of your breach of the terms of this Agreement,
your use of the Company’s products and services, or any action taken by the
Company to protect its intellectual property, including, but not limited
to, suspension or termination of your access to the Company’s products and
24.1 The Company reserves the right to update and modify these Terms and
Conditions without advance notice to you and such changes will be effective
immediately when posted on this site and will govern your continued use of
the Company’s products and services.
24.2 If you are current on all financial obligations to the Company, your
access to Company products or services typically will expire 180 days from
the initial purchase date (provided the version of the purchased Company
products or services is still available) unless you purchase a program
extension. This period may vary if your access is through a NASM Academic
Partner, in which case access is typically aligned with your school’s
program start and end dates. The Company reserves the right to disable
access to its products and services temporarily, until all late payments
and fees have been made, and permanently for default on payment
obligations. The access period described here will not be extended to make
up any time lost due to a period of disabled access.
24.3 This Agreement is governed by the laws of the State of Kansas, 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 Kansas, 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 Company 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.
24.4 This Agreement is the entire and exclusive agreement between the
Company and you regarding your use of the Company’s products and services
and replaces any prior agreements between you and the Company 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. The Company'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. The Company is not responsible for failing to fulfill its
obligations hereunder for reasons that are outside of the Company'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.
24.5 The Company reserves the right to take steps it believes are
reasonably necessary or appropriate to enforce and/or verify compliance
with any part of this Agreement. You agree that the Company 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 the Company believes is reasonably necessary or appropriate
to enforce and/or verify compliance with any part of this Agreement
(including but not limited to the Company's right to cooperate with any
legal process relating to your use of the Company’s products or services,
and/or a third-party claim that your use of the products or services is
unlawful and/or infringes such third party's rights).
25. PRIVACY STATEMENT; TERMS AND CONDITIONS
this Site and these Terms and Conditions.
Last updated November 2017