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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
All Terms and Conditions herein apply to all Products and Services purchased in the United States directly from
NASM/AFAA. The following terms do not apply do not apply to purchases made from third-parties outside of the United
States: Subsections 2.1-2.3 of the Eligibility Section; Section 5 (Purchasing Options; Payments), including
subsection 5.3 concerning refunds; Section 6 (Workshops or Other Live Events); and Section 11 (ADA Accommodations).
1. GETTING STARTED
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.
2.1 NASM-CPT Candidates; AFAA-CGFI Candidates and all Workshops or other Live Events participants:
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 component.
2.2 Certified Nutrition Coach Candidates: You must have obtained or be within no more than 90 days
of successful completion of all requirements needed to obtain a high school diploma or the equivalent, such as the
General Education Development test (GED).
2.3 NASM-PES and NASM-CES Advanced Specialization: You 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 industry experience.
2.4 Candidate Handbooks. In the Candidate Handbooks, you will find essential information about
policies and procedures for the accredited certifications (NASM-CPT and AFAA-CGFI), as well as the Advanced
Specializations, PES and CES, offered by NASM.
- In addition to these Terms and Conditions, candidates for the accredited NASM Certified Personal Trainer
("NASM-CPT"), CPT Certified Professionals, and those who take or have taken NASM Advanced Specializations are
subject to the policies and procedures set forth in the NASM Candidate Handbook. The Handbook also includes
other, essential information
- In addition to these Terms and Conditions, candidates for the accredited AFAA Certified Group Fitness Instructor
(“AFAA-CGFI”) and CGFI Certified Professionals are subject to the policies and procedures set forth
in the AFAA Candidate Handbook. The Handbook also includes other, essential information.
- Before purchasing any of these products or before the Return Period expiration, you should review
the Candidate Handbook that is relevant to you.
- All Candidates and Certified Professionals are required to review the Candidate Handbook related to
their field) 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
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.
The Company and its partners need to use and store your data in order to provide the Products and Services and
related material to you. You understand that the data that the Company collects from you or you provide in
your Accounts and when using the Products and Services is stored on systems and data storage operating in the U.S.
In providing any data in respect to the Products and Services, you agree to the transfer of your data to the
Company and its partners, and the processing and storage of your data by the Company and its partners in the U.S. in
order to provide the Products and Services to you in accordance with these terms and conditions. If
you do not agree to the transfer and storage of your data to the U.S., do not use the Company’s Products
4. EXAM REGISTRATION FOR NASM-CPT AND AFAA-CGFI
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 Discounts. 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. 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.
Installment Plans. 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
- Flexible Installment Plan: To obtain our Flexible Installment
Plan (“Flex Plan”), you must contact the Company by phone. The Flex Plan is not available for all Products and
Services. The Flex 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 terms set forth in these Terms and Conditions 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.
- Web Installment Plan: The Web Installment Plan is for web-based
purchases only and 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, payment plan of
either (a) four or (b) 12 payments of equal amounts (the final installment may be a smaller amount). The initial
payment is made at the time of purchase and each of the remaining payments will be automatically processed
against your credit card a monthly basis for either the following three or eleven months. 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 terms set forth in these
Terms and Conditions 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.
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 only to all Products and Services, including continuing education, purchased in the United
States directly from NASM/AFAA, excluding the cancellation by
Company of workshops or live events (see Section 6.3 below). If you purchased NASM/AFAA Products or Services outside
of the United States from a distributor, please contact the distributor about its refund policy. 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 longer applicable.
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.
- Please note:
- NASM offers a 7-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 refund.
- 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
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 after purchase.
- 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 accommodations.
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
- 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
- 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
6.3 Cancellation of a Workshop or other Live Event
There are no refunds for failing to attend 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 postponement.
7. NASM ADVANCED SPECIALIZATIONS
Please note that NASM offers both Advanced Specializations and Specializations. This section
concerns only the Advanced Specializations which are the Performance Enhancement Specialization (PES) and the
Corrective Exercise Specialization (CES).
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
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
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 require renewal.
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. NASM NUTRITION COACH CERTIFICATON AND RENEWAL REQUIREMENTS
8.1 The Certified Nutrition Coach (NASM-CNC) credentialing program requires the completion of a prescribed learning
program and passing of an examination within a designated enrollment period. The Certified Nutrition Coach
exam allows three attempts and must be completed within one year of your registration date.
8.2 Your certification must be renewed every two years. To renew your credential, you must purchase and pass
the NASM-CNC renewal exam. The CNC Renewal Exam will offer three exam attempts and will have an enrollment duration
of 365 days. The CNC Renewal Exam will recertify the credential for another two years from the new completion date.
8.3 The NASM-CNC is not an accredited certification program.
9. AFAA PROGRAMS AND CONTINUING EDUCATION REQUIREMENTS
9.1 The Certified Group Fitness Instructor (an accredited certification) and the Primary Group Exercise Instructor
and Personal Fitness Trainer (each an unaccredited credentialing program) 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
9.2 Your certification or credentials must be renewed every two years. To recertify or renew your credentials,
you must earn at least 15 approved hours of continuing education (15 CEUs) and at least 2 hours 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 petition application 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 renew.
10. 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 other colleagues;
- 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.
Please note 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.
11. 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 http://www.nasm.org/become-a-personal-trainer/personal-trainer-certification-exam
12. SHIPPING; DELIVERY
12.1 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.
12.2 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 approval.
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
protection and use of data.
14. 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.
15. 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.
16. INTELLECTUAL PROPERTY
16.1 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.
16.2 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
service marks (together, "Marks"), are owned by the Company. You may not use the Marks without the prior written
approval of the Company.
17. NO RESALE
The Company’s products and services are not provided for redistribution or resale under this Agreement.
18. 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.
19. 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.
20. 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 policies. The
21. 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.
22. 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.
23. 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
24. 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 LAW.
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 purpose.
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 services.
We recognize the importance of protecting the privacy and safety of children. Our Services are not intended for
children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are
under 13, do not use the Services and do not send any information about yourself to us. If we learn we have
collected or received personal information from a child under 13 without verification of parental consent, we will
delete that information. If you believe we might have any information from or about a child under 13, please contact
27. BREACH OF THESE TERMS
If you violate any of these Terms, the Company reserves the right to terminate or suspend, in whole or in part,
without notice, your access to our Sites, Services and Content.
28. INFORMATION YOU PROVIDE OR POST ON OUR SITES
Except for information which the Company expressly agrees to treat confidential, any communication, material or
information that you transmit or post to our Sites (“User Content”) will be deemed non-confidential. If
you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to
post, upload to, transmit, distribute, store, create or otherwise publish through this or our other Sites any of the
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive,
harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights
of any party, or that would otherwise create liability or violate any local, state, national or international
law, including, without limitation, the regulations concerning privacy;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or
proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or
- Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political
campaigning, advertising, or solicitations, hyperlinking off of the Sites, or collecting names and emails
addresses for the purpose of sending unsolicited emails;
- Private information of any third party, including, without limitation, addresses, phone numbers, email
addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any
other person from using or enjoying the Sites, or which may expose the Company or its users to any harm or
liability of any type.
This list of prohibitions provides examples and is not complete or exclusive.
By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce
such User Content. Any use of our Sites, Services or Content in violation of these Terms, including the
foregoing, may result in, among other things, termination or suspension of your rights to use our Sites, Services or
Also, by posting any information or material on our Sites, Services or Content you grant NHA a perpetual,
royalty-free license to use, display, reproduce, distribute, modify, and make publicly available such material or
information for any commercial or non-commercial use.
29. OUR USE OF PERSONAL INFORMATION
by link at the bottom of this page, and any Additional Terms provided during registration with NASM or AFAA or in
connection with any NASM or AFAA product, which are incorporated by reference into these Terms.
our Sites and Services.
30.1 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.
30.2 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.
30.3 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.
30.4 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.
30.5 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).
30.6 If you are in Canada, the Company and you confirm that it is their wish that this document and all other related
documents be drawn up in English. (Translation in French: ATI et vous reconnaissent avoir exigé la
rédaction en anglais du présent document ainsi que tous les documents qui s’y rattachent.)
31. PRIVACY STATEMENT; TERMS AND CONDITIONS
For European Visitors and Customers: EU-U.S. and SWISS-U.S. Privacy Shield Additional Notice
We participate in the EU-U.S. and Swiss-U.S. Privacy Shield with
respect to the personal data of users of our Services
who are residents of the European Union (“EU”), European Economic Area (“EEA”) and Switzerland. We certify that we
adhere to the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access, and
enforcement (hereinafter, “Privacy Shield Principles”) for personal data of users of our Services in participating
European countries. You can find our listing of the Privacy Shield certification here under Assessment Technologies
Institute, LLC. We may also process personal data submitted relating to individuals in Europe via other compliance
mechanisms, including use of the European Union Standard Contractual Clauses.
Last updated May 2019