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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 355 E. Germann Road, Suite 201, Gilbert, AZ 85297, 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.

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. ELIGIBILITY

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 American Safety Training Institute (ASTI), 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. All CPR/AED courses must have a hands-on training component. During COVID, however, hands-on training has been suspended and likely will be reinstated and required once COVID restrictions are fully lifted. Please see below for information about the ASTI CPR/AED course that is accessible through NASM, AFAA or NASM Connected.

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.

2.5 ASTI CPR/AED Course and Exam

As noted above, persons interested in NASM-CPT, AFAA-GGFI or Workshops and Live Events are required to have current CPR/AED certification. You can access an approved CPR/AED course and exam offered by the American Safety Training Institute (ASTI) or renew your ASTI CPR/AED certification, directly from NASM, AFAA or NASM Connected.

  • Purchase. If you are a NASM Connected member, the cost of the ASTI CPR/AED or a renewal of your CPR/AED certification is included in your membership. All other users will be required to pay the then-current rate charged by ASTI for the course and exam, whether it is the initial certification or a subsequent renewal. Retakes of the exam will be pursuant to the rates in effect at the time of the exam retake.
  • Refunds. Refunds for an ASTI CPR/AED course purchased through NASM/AFAA will be pursuant to the Refund Policy found below.
  • Certificate. Upon successful completion of the ASTI exam, you will receive a digital certificate from ASTI. Please note that although the certificate has been issued, it may take up to a month for your certification to appear on ASTI’s verification page.

The content of the ASTI CPR/AED course and exam is owned and copyrighted by ASTI. The ASTI CPR/AED course is provided through NASM/AFAA for your convenience. NASM/AFAA is not responsible for any of the content in the course or exam nor any liabilities or damages that may arise due to the ASTI content. Also, please note that if you access the ASTI CPR/AED course or exam through NASM, AFAA or NASM Connected, you agree to the transfer of certain personal information to ASTI. Such personal data will then be subject to the privacy policies of ASTI and NASM shall not be responsible for any misuse of the data held by ASTI.

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 your account and as provided in the Privacy Policy.

3.2 You 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 and Services.

4. EXAM REGISTRATION FOR NASM-CPT AND AFAA-CGFI

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.

4.2 Remote Proctoring. The NASM-CPT and AFAA-CGFI certification exams are proctored exams, whether proctored in-person at an approved test cite or through remote proctoring technology. If you have elect to use remote proctoring services during the administration of the NASM-CPT or AFAA-CGFI, you agree to allow NASM/AFAA and the remote proctor providers to monitor you by webcam, microphone, browser, desktop, or any other means necessary to uphold NASM’s test security and integrity. This may include recording of video, images, audio, and/or screen activity, and a scan of your surroundings and computer display. The information from the test session, including without limitation recordings, images, audio and other information and data will be available to and viewable by authorized personnel of NASM/AFAA and their respective remote proctor providers.

You agree to have your identity verified by the remote proctoring vendors using the methodology that is most currently employed by them. NASM/AFAA and its providers will only use your identifiable information for test security purposes. You give NASM/AFAA a worldwide, royalty-free right to use, transmit, display and disclose your information and recordings as described herein. You understand that through your use of NHA assessment being remotely proctored, you consent to the collection and forwarding (as set forth herein) of this information. In providing the remote proctoring services, we may need to provide you with certain communications, such as technical support messages. These communications are considered part of NASM/AFAA’s remote proctoring services, which you may not be able to opt-out from receiving. You are prohibited from photographing, or recording, by video or sound, any part of remote proctoring services for any purpose.

Some NASM/AFAA test takers are sponsored by a school or employer (“Sponsoring Institution)”. NASM/AFAA may need to share the recording or a snapshot from the program with your Sponsoring Institution. For example, your employer may request a snapshot to confirm your identity as the test taker. You authorize NASM/AFAA to share the recordings of your test session or snapshots taken from such recordings with your Sponsoring Institution. Because of this possibility, NASM/AFAA recommends that you dress and maintain the surroundings for your test in a manner you would find acceptable to be viewed by your Sponsoring Institution.

You understand and agree that, if you behave in an unacceptable or offensive manner during remote proctoring of any test administration, NASM/AFAA and its remote proctoring vendors reserve the right to immediately stop the test and report your behavior to your Institution. Unacceptable behavior includes, but is not limited to, behavior that amounts to cheating or is offensive, vulgar, criminal, obscene or otherwise unprofessional or inappropriate. NASM/AFAA reserves the right to disqualify any NASM/AFAA assessment for any of the foregoing, or if NASM/AFAA identifies any suspicious behavior, cheating, or test misconduct during the test administration.

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

A. 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.

B. 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 are satisfied.

C. Subscriptions. Some NASM offerings are subscription based. For these products, NASM offers two types of subscriptions, depending on the product: auto-renewing and manual renewals. Please refer to the product descriptions on our website or herein to determine the type of subscriptions available for the product.

  1. Auto-renewing subscriptions: Auto-renewing subscriptions will renew automatically for monthly subscriptions on the same day of each month as the day of the month you made your initial purchase. For example, if you purchased your subscription on 8th of the month, it would renew on the 8th of each subsequent month. If you purchase an auto-renewing yearly subscription, the subscription will automatically renew on the anniversary of your subscription.
  2. Manual Subscriptions: Manual subscriptions will expire at the end of the month (based on the day of the month of the initial purchase), on the anniversary of a yearly subscription, or on the date provided when your purchase the product. When your subscription expires, you need to repurchase a subscription. Depending on the product, your manual renewal may be replaced with an auto-renewal subscription upon repurchasing.
  3. To cancel a subscription, the subscription must be cancelled prior to your next renewal date. Your subscription will then expire at the end of that monthly or annual term. You will continue to have access to the product until the subscription expires. If you change your mind after cancelling, you can reactivate your subscription up until the end of the term. If you let your subscription expire, you will need to repurchase a subscription: your subscription will not auto-renew once cancelled.

D. Bulk Purchases. Bulk purchases may be available for certain business accounts. Please contact a Sales Associate for more details.

5.2 Payment Options

A. 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.

B. Installment Plans. For some Products and Services, the Company offers installment payment plans. There are two types of plans: the Flex Plan, which is a traditional, longer term payment plan and the Web Installment Plan.

  1. 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, depending on the product or bundle purchased, eighteen installment payments of equal amounts (the final installment may be a smaller amount). 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; you are required to make all payments unless you cancel within the 28-day Refund Period (see Section 5.3 below). Nonpayment will jeopardize your access to Company products and services, your certification status and your ability to recertify. We reserve the right to report nonpayment or late payments to credit reporting bureaus. We reserve the right to communicate with you about your Flex Plan pursuant to the Communications Consent set forth in the RIC.
  2. 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, (b) 12 or (c), for selected products or bundles, 18 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; you are required to make all payments unless you cancel within the 28-day Refund Period (see Section 5.3 below). Nonpayment will jeopardize your access to Company products and services, your certification status and your ability to recertify. We reserve the right to report nonpayment or late payments to credit reporting bureaus.

Please note our “Not in Good Standing” status. We offer customers the opportunity to purchase its products and services using a payment plan. The payment plan option is a privilege and not a right. If you have an outstanding balance on a payment plan, you are required to make timely payments pursuant to your payment plan agreement even if you have completed your program or have stopped using the products or services. Without waiving any of our rights set forth in the RIC, if you fail to make a payment on time, we have the right to put you in a “Not in Good Standing” status and to suspend your access to our products and services. While in a Not in Good Standing status, you will not be able to purchase any other products or services from NASM or AFAA and you will not be permitted to recertify. We reserve the right to report to concerned third parties, including employers, your customers who inquire about you, your school, credit bureaus, or any regulatory or licensing body you’re Not in Good Standing status. If you remain in a Not in Good Standing status for a total of ninety (90) days, even if not consecutive, your certification or advanced specialization (NASM-CPT, CNC, PES or CES, AFAA-CGFI or PTAG-CPT) will be subject to revocation. Both NASM and AFAA have an online credential verification tool, which allows employers and the general public to verify the status of a fitness professional’s credentials. We reserve the right to indicate a Not in Good Standing status in the online credential verification tools. In order to clear a Not in Good Standing status, you must contact Member Services to arrange to bring your payment plan current.

C. 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 free demo of its NASM-CPT program. The free demo 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.
      • If you elect to use an installment plan for your purchase, the Return Period starts on the date of purchase regardless of the date set for the first payment.
  • 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 a check.

Refunds for Guarantee Programs.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. Please note that the Exam Prep Guarantee program was discontinued on November 15th, 2019. NASM will honor all purchases made before that date, including refunds as described in this paragraph.

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.

6.1 Registration

  • You are responsible for scheduling your own workshop at least one-week prior to the desired workshop date.
  • Only those participants who purchased and are enrolled in a workshop through the scheduling portal may attend the workshop.
  • Participants are responsible for their own travel and hotel accommodations, where applicable.
  • Please note you must attend your workshop within the Enrollment Period for the workshop, which is 18 months from your date of purchase. The end date of the Enrollment Period for any product you purchase is displayed in your course. If your Enrollment Period has ended, you can extend the Enrollment Period by paying a Workshop Extension Fee.

6.2 Workshop Policy

In-Person Workshops:

  • If a workshop offers Continuing Education Units ("CEUs"), the CEUs are only awarded to attendees (a) who held a current certification at the time of the workshop and (b) who complete the workshop. To “complete” an in-person workshop you must attend the entire workshop.
  • Multi-day workshops must be taken on concurrent days and no refunds or CEUs will be awarded for “incomplete attendance”. As used here, “incomplete attendance” means less than 8 hours of the in-person workshop.
  • You may request to cancel or reschedule your workshop registration by contacting Member Services 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 a cancellation or reschedule outside the seven (7) day period when it deems the circumstances warrant an exception. You must contact the Member Services Department to make this change whether you are scheduled for an in-person workshop or a virtual workshop. You will be required to pay the Late Workshop Transfer Fee.
  • Please note: Failure to attend or complete (as described above) a scheduled workshop that has not been cancelled or rescheduled (as described above or pursuant to Section 6.3 below) 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.
  • The purchase of a workshop expires 18 months from date of purchase. You must schedule and complete your workshop within the Enrollment Period. If you want to “Extend” your workshop beyond the 18 month Enrollment Period, you will need to purchase the extension and pay the Extension Fee prior to the expiration of the Enrollment Period. Please note: If you schedule a workshop and fail to attend or complete (as described above) the workshop, having not cancelled or rescheduled (as described above or pursuant to Section 6.3 below) the workshop, you will not be allowed to Extend your workshop.

Virtual Workshops:

  • If a workshop offers Continuing Education Units ("CEUs"), the CEUs are only awarded to attendees (a) who held a current certification at the time of the workshop and (b) who complete the workshop. To “complete” a virtual workshop you must complete all of the required coursework.
  • Multi-day workshops must be taken on concurrent days and no refunds or CEUs will be awarded for “incomplete attendance”. As used here, “incomplete attendance” means less than 6 hours of the virtual workshop and/or incomplete coursework.
  • You may request to cancel or reschedule your workshop registration from within your NASM Student portal 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 must contact the Member Services Department to make this change. You will be required to pay the Late Workshop Transfer Fee.
  • Please note: Failure to attend or complete (as described above) a scheduled workshop that has not been cancelled or rescheduled (as described above or pursuant to Section 6.3. below) 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.
  • The purchase of a workshop expires 18 months from date of purchase. You must schedule and complete your workshop within the Enrollment Period. If you want to “Extend” your workshop beyond the 18 month Enrollment Period, you will need to purchase the extension and pay the Extension Fee prior to the expiration of the Enrollment Period. Please note: If you schedule a workshop and fail to attend or complete (as described above or pursuant to Section 6.3 below) the workshop, having not cancelled or rescheduled (as described above) the workshop, you will not be allowed to Extend your workshop.

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 SPECIALIZATIONS

Please note that NASM offers both Advanced Specializations and Standard Specializations.

7.1 Advanced Specialization. This section 7.1 concerns only the Advanced Specializations which are the Performance Enhancement Specialization (PES) and the Corrective Exercise Specialization (CES). Each Advanced Specialization package comes with online self-study materials and an online exam.

  • 7.1(a) Eligibility. 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.
  • 7.1(b) 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.
  • 7.1(c) 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.
  • 7.1(d) 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. You are allowed up to three (3) attempts to pass your exam.
  • 7.1(e) Upon successful completion of the Advance Specialization, you will receive a certificate and you will be offered continuing education units that can be applied used in recertifying your NASM or AFAA certifications, if any. Advanced specialization credentials do not expire and do not require renewal.

7.2 Standard Specializations. This section 7.2 concerns standard Specializations such as Behavior Change, Virtual Coaching, Weight Loss, and others (please see our website for a full list of standard Specializations at www.nasm.org). Each Specialization package comes with online self-study materials and an online exam. Unlike the Advanced Specializations, the standard Specializations do not have eligibility requirements.

  • 7.2(a) 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 a standard Specialization.
  • 7.2(b) The exam 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.
  • 7.2(c) If you do not successfully pass your Standard 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. You are allowed up to three (3) attempts to pass your exam.
  • 7.2(d) Upon successful completion, you will receive a certificate and you will be offered continuing education units that can be applied used in recertifying your NASM or AFAA certifications, if any. Standard Specializations credentials do not expire and do not require renewal.

8. NASM NUTRITION COACH PROGRAMS AND NASM WELLNESS COACH PROGRAM

8.1 NASM offers two credemtialling programs for nutrition coaching: the Certified Nutrition Coach (NASM-CNC) and Certified Sports Nutrition Coach (NASM-CSNC) programs. NASM also offers the Certified Wellness Coach program (NASM-CWC). These credentialing programs require the completion of a prescribed learning program and the passing of an examination within a designated enrollment period. The exams for the CNC, CSNC and CWC each allow three attempts and must be completed within one year of your registration date.

8.2 Your NASM-CNC, NASM-CSNC or NASM-CWC certification must be renewed every two years.

  • 8.2(a) NASM-CNC Renewal. To renew your NASM-CNC 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. For more information about the recertification process, please see Certified Nutrition Coach Renewal Guidelines.
  • 8.2(b) NASM-CSNC or NASM-CWC Renewal. To renew your NASM-CSNC or NASM-CWC credential, you must earn at least 19 approved hours of continuing education (1.9 CEUs). CEUs can be obtained from NASM-approved continuing education providers. Continuing education opportunities can be found on the NASM website, www.nasm.org. The cost, length and CEUs awarded for continuing education courses vary, so you should review carefully the information about each course before enrolling. For more information about approved CEUs and the recertification process, please see NASM-CSNC or NASM-CWC Renewal Guidelines, posted on our website.

8.3 The NASM-CNC and the NASM-CSNC are not accredited certification programs.

9. AFAA CREDENTIAL PROGRAMS AND SPECIALIZATIONS

NASM Connected is a subscription based-product, with annual subscription terms. To learn more about subscriptions, please see Section 5(C), above.

9.1 AFAA Credential Programs: AFAA offers the following Credential Programs: Personal Fitness Trainer and Indoor Cycling Instructor.

  • 9.1(a) Each Credential Program requires the completion of a prescribed learning program and passing of an examination within one (1) year of your registration 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. If you do not successfully pass your 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. You are allowed up to three (3) attempts to pass your exam. Upon successful completion, you will receive a certificate evidencing your new credential and you will be offered continuing education units that can be applied when recertifying your NASM or AFAA certifications, if any. The Credential Programs are not accredited.
  • 9.1(b) Renewal. Your credentials must be renewed every two years. To 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 renew.

9.2 AFAA Specializations: This section 9.2 concerns AFAA’s Specializations such as Sunrise Yoga, Group Personal Training, and others (please see our website for a full list of standard Specializations at www.afaa.com). Each Specialization package comes with online self-study materials and an online exam.

  • 9.2(a) 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 AFAA Specialization.
  • 9.2(b) The exam 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.
  • 9.2(c) If you do not successfully pass your AFAA 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. You are allowed up to three (3) attempts to pass your exam (please note that some specializations allow unlimited exam attempts, so please consult our website or contact Member Services).
  • 9.2(d) Upon successful completion, you will receive a certificate and you will be offered continuing education units that can be applied when recertifying your NASM or AFAA certifications, if any. AFAA Specializations credentials do not expire and do not require renewal.

10. NASM CONNECTED

NASM Connected is a subscription based-product, with annual subscription terms. To learn more about subscriptions, please see Section 5(C), above.

10.1 CE Courses. The NASM Connected platform that provides members access to a library of free-with-subscription Continuing Education materials, each with an assigned number of CEUs. Not all continuing education materials in NASM Connected can be applied to recertification of NASM-CPT, AFAA-CGFI or PTAG-CPT or certifications offered by other providers. To determine if an outside provider course is approved by NASM or AFAA, please visit the Approved Providers list on our site. If your certification is with another provider, please confirm that a specific continuing education offering awards CEUs that are applicable to your certification by visiting your certification provider’s website. For more information about our NASM Connected click here. For the purpose of clarity, your NASM Connected subscription does not include Recertification Fees or Recertification Late Fees.

10.2 Access. To access NASM Connected, you will use your NASM login through the NASM portal. When you complete a course on NASM Connected, you are able to download a certificate of completion that will list the organization that developed the course. If you need additional details beyond the course overview, outline, and objectives found on the course page in your account, please contact the organization that developed the course directly. Please note that if you hold the NASM-CPT, AFAA-CGFI or PTAG-CPT certifications, there may be overlap between the Continuing Education offerings available through your NASM and AFAA Accounts and those available through NASM Connected. If you take the same CE course twice, once through your Account and again through NASM Connected, you will only receive credit for the purpose of recertification once – you will not get double credit for repeated coursework.

10.3 Recertification. Your Connected CE Courses will not transfer automatically to your NASM/AFAA Recertification portal at this time. There are two options to apply them to your recertification:

  • If the courses are on the Approved Provider lists, you can search the courses in the Recertification portal in order to add them to your CEUs for renewal.
  • If the courses are not on the Approved Provider lists, you can petition the courses for approval. For more information, please reference the NASM-CPT or AFAA-CGFI Recertification pages of the Candidate Handbook (PTAG-CPT users should reference the NASM Candidate Handbook).

11. PTAG PROGRAMS

In 2020, NASM acquired certain assets of PTA Global, including its certified personal trainer offering that is accredited by the NCCA (PTAG-CPT), other credentials offered by PTAG and continuing education courses.

(a) PTAG-CPT Certification Holders. Although the PTAG-CPT is no longer available for purchase, NASM continues to support the PTAG-CPT certification holders. To maintain your PTAG-CPT credentials you must recertify every two years (on or before the anniversary of the issuance of your original certification). Recertification requires 20 contact hours of continuing education (or 2.0 CEUs) and a current CPR/AED certification (please see the “Certification Eligibility” Section of the NASM Candidate Handbook at page 11 for more information). CEUs can be obtained from NASM-approved continuing education providers. Continuing education opportunities can be found on the NASM website, www.nasm.org. You must complete 2.0 CEUs approved by NASM (see “Continuing Education” tab on the NASM website). The cost, length and CEUs awarded for continuing education courses vary, so you should review carefully the information about each course before enrolling. For more information about approved CEUs and the recertification process, please see the “Recertification” section of NASM Candidate Handbook at pages 26-29.

If you purchased the “Lifetime Certification” option that had been offered by PTA Global, NASM will waive your bi-annual recertification fees for as long as you maintain your certification. Please note, however, that if you do not complete your recertification by the expiration date and you use the 90 day grace period, notwithstanding your purchase of the Lifetime Certification, you will be required to pay the Extension Fee described on page 28 of the NASM Candidate Handbook.

Please see the following sections of the NASM Candidate Handbook for information concerning:

  • "Getting Started” for setting up your profile
  • “Certification Eligibility”, second bullet for CPR/AED requirements
  • “Suspension or Revocation of Credentials” and Section 12 below concerning disciplinary actions
  • “Appeals” for recertification exception request

Please note that if you are a PTAG-CPT certification holder but you have defaulted on payments you owe NASM on any purchase you have made from NASM, you will not be entitled to the above offering unless you bring you NASM account current. Please contact Member Services to resolve this issue.

12. PROFESSIONAL CONDUCT

Each person who holds a credential or certification issued by the Company (“Credentialed Professional”) must comply with all legal requirements of their credentialed profession.

In practicing the credentialed role, each Credentialed Professional 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.

At all times, each Credentialed Professional must behave professionally and not in a manner that undermines the Company’s reputation and the reputation of other NASM, AFAA or PTAG Credentialed Professionals. The Company reserves the right to suspend or revoke credentials for any of the following reasons:

  • Acts of dishonesty, misrepresentation, or fraud;
  • Behavior that disregards the dignity, safety, or privacy of the client or anyone under the Credentialed Professional’s fitness or training oversight;
  • Unlawful activity, particularly such activity that jeopardizes the life, safety or health of others or calls into question the Credentialed Professional’s ability to practice as a competent fitness professional;
  • Conduct that is discriminatory or harassing, including acts of sexual harassment;
  • Denial or revocation of licensure, registration, or approval by a state board or agency or membership organization with oversight responsibilities for the profession on grounds of gross misconduct, gross negligence of duties, misrepresentation or fraud;
  • Unauthorized use of the Company’s proprietary content or materials or any infringement activities with regards to any of the Company’s intellectual property rights, including its copyrighted materials, its trademarks, its trade names, including those of any of its products, whether in long name, short name or acronym form, its logos, its trade dress or its science, including the OPT Model; and
  • Material misrepresentation or fraud in any statement to the Company, including, but not limited to, statements made to assist oneself or another candidate or Professional to apply for, obtain, or retain certification or in applying for, entering into or failing to meet the obligations of a payment plan with the Company.

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, the AFAA-CGFI or PTAG-CPT 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.

13. 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 or https://www.afaa.com/exam-information

GENERAL TERMS

14. SHIPPING; DELIVERY  

14.1 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.

14.2 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.

15. CONFIDENTIALITY  

Except as permitted by this Agreement, the Company’s Privacy Policy posted 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 expiration dates, to third parties. Please reference the Privacy Policy on this Site for more information about the protection and use of data.

16. 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.

17. 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.

18. INTELLECTUAL PROPERTY  

18.1 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.

18.2 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.

19. NO RESALE

The Company’s products and services are not provided for redistribution or resale under this Agreement.

20. 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.

21. 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.

22. 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 Company’s Privacy Policy applies only to information collected by this or other Company websites.

23. 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.

24. DISCLAIMER OF THIRD-PARTY CONTENT

NASM/AFAA makes no representations or warranties and assumes no liability regarding the background, suitability or qualifications of the authors of who provide content, including continuing education or other coursework, such as the ASTI CPR/AED course and exam, that is hosted by or access through NASM/AFAA (“Third-Party Content”). Your use of Third-Party Content is at your sole risk. NASM/AFAA does not warrant for the accuracy or completeness of any information, text, graphic, links or other items contained within the Third-Party Content or for any errors, omissions, or any outcomes related to your use of such Third-Party Content.

25. 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.

26. 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.

27. 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.

28.  INDEMNIFICATION

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.

29. CHILDREN

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, pl9.

30. 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.

31. 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 following:

  • 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 objectionable;
  • 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 entity;
  • 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 Content.

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.

32. OUR USE OF PERSONAL INFORMATION

The Company’s collection and use of personal information is governed by the NASM/AFAA Privacy Policy, available 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.

If you do not consent to these Terms, NASM/AFAA Privacy Policy or any Additional Terms, please do not continue to use our Sites and Services.

33. MISCELLANEOUS  

33.1 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.

33.2 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.

33.3 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.

33.4 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.

33.5 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).

33.6 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.)

34. PRIVACY STATEMENT; TERMS AND CONDITIONS
Your use of the Company’s products and services is subject to the Company’s Privacy Policy found on this Site and these Terms and Conditions.

For European UK Visitors and Customers: Privacy Shield Notice

We acknowledge the July 2020 ruling by the European Court of Justice, striking down the EU-U.S. and Swiss-U.S. Privacy Shield as a mechanism for transferring the personal data of users of our Services who are residents of the European Union (“EU”), European Economic Area (“EEA”) and Switzerland. The U.S. Department of Commerce continues to administer the Privacy Shield Program and as such, NASM will continue to 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 European countries. We may also process personal data submitted relating to individuals in Europe via other compliance mechanisms, including your consent to the transfer and processing of your data in the United States. For more information about our policies with respect to our EU and UK data privacy policies refer to our Privacy Policy found on this Site.

 

 

Last updated November 2021