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.
2.1 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.
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:
3.2You 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 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 NHA 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.
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 RIC 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 twelve
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.
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 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; 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:
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.
6.2 Workshop Policy
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 experience.
7.2 You must be current on any financial obligations you have with the Company, including any payment plans or outstanding fees for prior purchases, to be eligible for an Advanced Specialization. Additionally, the exam registration and any applicable fees must be paid in full before you are eligible to take an Advanced Specialization exam.
7.3 The exam for an Advanced Specialization must be completed within one year (365 days) of the original purchase date. If you do not take your test within the one-year period, you may still schedule your exam at any time after your testing period has expired but you will be subject to a Test Extension Fee. Advanced specialization credentials do not expire and do not 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. NASM CONNECTED
NASM Connected is a subscription based-product, with annual subscription terms. To learn more about subscriptions, please see Section 5(C), above.
9.1 U.S. only. NASM Connected is only available to purchasers in the US.
9.2. 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.
9.3 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.
9.4 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:
Your NASM Connected subscription does not include Recertification Fees or Recertification Late Fees.
10. AFAA PROGRAMS AND CONTINUING EDUCATION REQUIREMENTS
10.1 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 date.
10.2 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.
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:
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:
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:
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 .
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.
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
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: 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.
25. 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.
26. 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, pl9 . 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.
30. 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:
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.
31. OUR USE OF PERSONAL INFORMATION
32.1 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.
32.2 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.
32.3 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.
32.4 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.
32.5 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).
32.6 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.)
33. 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 April 2021
Welcome to this NASM or AFAA webpage. This website is owned and operated by National Academy of Sports Medicine (“NASM”) and/or Athletics and Fitness Association of America (AFAA) (together, “NASM/AFAA”, “we”, “us” and “our”), a division of Assessment Technologies Institute, LLC (“ATI”), with its principal place of business located at The Reserve at San Tan, Building 6, 355 East Germann Road, Gilbert, Arizona 85297, USA.
If your use of our Services is in connection with a school, employer, institution or other organization (your “Institution”) who is a customer of NASM/AFAA, information about you may be shared with your Institution.
Commitment to Privacy
NASM/AFAA is committed to respecting your privacy. We help people reach their career goals by providing professional certifications, specialized certificate programs, exam preparation and study tools and analytic reporting. We may work with you directly or through your school or employer, or through another organization you use, such as a training center.
Our privacy practices may vary among the states, countries and regions in which we operate in order to comply with applicable legal requirements. We are committed to compliance with the EU-U.S. and SWISS-U.S. Privacy Shield.
NASM/AFAA is dedicated to protecting the privacy of all personal information collected through this website and our Services. We may collect information from you (directly or through third party vendors we retain) or from a third party who is authorized by you or otherwise permitted by applicable law to share information with us (for example, your school or employer) in situations such as the following:
We also may collect information about you from other sources. We work closely with third parties (for example, business partners, service providers, sub-contractors, educational institutions, analytics providers, search information providers, fraud protection services) and may receive information about you from them. We may also collect and process information about you that your employer or any educational, professional, governmental, oversight or other organization with which you are, or previously were, affiliated provides to us. We may also collect and process information about you that we receive from other sources including organizations that are our customers (which might be your employer or educational organization, for example), organizations that provide our products or services by way of a co-branded or private-labeled platform, product, service, website or application, and organizations that sponsor surveys or programs in connection with our Services. If you use our Services through a third party, please contact that third party first if you have any questions about the data they collect from you and share with us. If they do not address your concerns, please contact us.
To the extent permitted by applicable law, we may collect data in an automated manner and make automated decisions, including using machine learning algorithms, about users of our Services in order to provide or optimize the Services offered and/or delivered, for security or analytics purposes, and for any other lawful purpose. Our Services may collect certain information by automated means when you access or use our Services. This information may include, but is not limited to, usage details, Internet Protocol ("IP") address, browser type, browser language, devices you use, access times, the sites linked from, pages visited, applications downloaded or accessed, links and features used, content viewed or requested, information collected through cookies and other such information. We generally collect this information to improve our Services for our users, to learn about our users’ interests and enhance the Services we provide, for security and analytics purposes, and for other lawful purposes. To learn more, please see our “Cookies and Similar Technologies” section below.
Educational Records (FERPA)
Medical Records (HIPAA)
In providing our Services, we are not directly covered by the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). However, to the extent we are required to do so by contract with your Institution, and to the extent that such personal information provided to us is subject to HIPAA or an equivalent law or regulation for your state or country of residence, we will comply with such applicable law as required by such contract.
How We May Use Your Information.
We use your information to provide you, either directly or through a third party, with our Services. We also may use your information to support our business functions, such as fraud prevention, marketing, analytics and legal functions.
We may use your information:
We also may use, process, transfer, and store any data about you in an anonymous, aggregated manner. We may combine personal information with other information, collected online and offline, including information from third party sources.
We may also use information in other ways with your consent or as permitted by applicable law.
We also may share information to fulfill any other purpose for which you have provided information to us; for any other purpose disclosed by us or the third party with whom you are interacting when you provide the information; to enforce our rights arising from any contracts; for billing and collection; or as otherwise permitted under applicable law.
Security of your personal information is of the utmost importance to us. We use administrative, technical and physical safeguards to protect the security of your personal information from unauthorized disclosure. We take reasonable security measures to secure your personal information against unauthorized access, loss, use, disclosure, or alteration by third parties and unauthorized employees. We use Secure Sockets Layer (SSL) encryption, the industry standard for secure online transmissions.
If information is transmitted to us using a means that is outside our systems, or if you transmit information to a third party, we cannot guarantee the security of information during transmission. Any such unsecured transmission is at your own risk. We recommend that you use appropriate security measures to protect your information.
Correction of Your Personal Information
Accuracy is a top priority for us. You can ensure that any contact data is up-to-date and can correct, update or delete inaccuracies to that information by either logging into your account to review and maintain your information or by contacting customer service. In certain situations, you may need assistance from customer service in making a change. For example, if you received a certification and then realized that your name was misspelled, we may need to take certain steps to verify your identity before making the change, ensure that your name change is linked to all of your certification records and, in some states or countries, that the oversight agency receives the correction. We will respond to your request to make changes to your records as soon as reasonably possible.
We will attempt to answer all requests that we correct your data if it is inaccurate or, where required by law, to delete it. Please note that we are not able to delete your data if we are required to retain it by law, contract or for other legitimate business purposes.
In addition, to protect your privacy, we may require you to prove your identity before granting access to, or agreeing to update, correct or delete your personal information.
Not all information about you can be changed. For example, we may have records about how much time you spent working in a training module. Although this information is linked to you, it may not be changed and, in certain instances, it may be subject to government or regulatory oversight. Similarly, learning data, assessment scores and certification status kept in NASM/AFAA systems may not be changed by you, although you should contact us if you believe such data is not accurate.
Cookies and other Tracking Devices
We may use the following types of cookies and similar technologies:
Most internet browsers accept cookies by default. You can block cookies by activating the setting on your browser that allows you to reject all or some cookies. The help and support area on your internet browser should have instructions on how to block or delete cookies. Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or to alert you to when a cookie is placed on your computer, tablet or mobile device. Although you are not required to accept cookies, if you block or reject them, you may not have access to all of the features available through our Services, such as tests, trainings or other activities.
For more information, visit the help page for your web browser or see http://www.allaboutcookies.org or visit www.youronlinechoices.com which has further information about behavioral advertising and online privacy.
We may use third party analytics such as Google Analytics or similar analytics services. For information on how Google processes and collects your information regarding Google Analytics and how you can opt-out, please see https://tools.google.com/dlpage/gaoptout.
Cross Device Tracking. When you use your mobile device to interact with us or our Services, we may receive information about your mobile device, including a unique identifier for your device. We and our service providers and third parties we collaborate with, including ad networks, may use cross-device/cross-context tracking. For example, you might use multiple browsers on a single device, or use various devices (such as desktops, smartphones, and tablets), which can result in your having multiple accounts or profiles across these various contexts and devices. Cross-device/cross-context technology may be used to connect these various accounts or profiles and the corresponding data from the different contexts and devices.
Our Sites or Services may contain links or other connections to other third-party websites, platforms, products, services or applications that are independent of our Services. The information collection practices and privacy policies of these third parties may differ from ours. NASM/AFAA provides links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by NASM/AFAA of any site or any information contained therein.
To the extent permitted by applicable law, we may retain your information for as long as your account is active, for at least twenty-four (24) months thereafter, or as long as is reasonably necessary to provide you with our Services or as needed for other lawful purposes. We may retain cached or archived copies of your information. We may be required to retain some of your data for a longer period of time because of various laws and regulations or because of contractual obligations. We also will retain your information as long as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements
Telephone Consumer Protection Act Notice
We may use your information to make business, informational and collections calls relating to our Services to all telephone numbers, including cellular numbers or mobile devices, you choose to provide on your account or in registering for any of our Services. You agree such calls may be pre-recorded messages or placed with an automatic telephone dialing system. In addition, you agree that we may send service or account related text messages to cellular phone numbers you provide to us, and you agree to accept and pay all carrier message and data rates that apply to such text messages. If you choose to provide an email or other electronic address on your account, you acknowledge and consent to receive business and informational messages relating to our Services at such address, including collections messages, and you represent and warrant that such address is your private address and is not accessible or viewable by any other person.
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 us as set forth below.
California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit our Privacy Notice for California Residents. The Notice supplements and is incorporated in this Policy.
The California Consumer Privacy Act (“CCPA”) provides consumers with certain rights, including the right to access your “personal information” (a term defined by the law) we may have about you and to know how we use and disclose this data, the right to have your data deleted under certain conditions and the right not to be discriminated against for having exercised your other rights. One of the main objectives of CCPA is to give consumers control over the sale of their data. NASM/AFAA does not sell, rent, lease or otherwise provide personal information to others for monetary or other valuable consideration. Your rights and other CCPA concepts are more fully described in our Privacy Notice for California Residents.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Websites who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To obtain this information, please email NASM by email at [email protected] or AFAA at [email protected] with “Request for California Privacy Information” in the subject line of your message. Please include sufficient information so that we can process your request, including name, mailing address, and email address if you want to receive a response by email. We reserve the right to confirm your identity before processing any requests.
If you are a California resident under age 18 and are a registered user of any of our Services, then you may request that we remove any content or information that you posted on our Websites, online services, online applications, or mobile applications ("User Content"). To request removal of your User Content, please send a detailed description of the specific User Content you want us to remove to the email or regular mail address set forth above. We reserve the right to request that you provide information that will enable us to confirm that the User Content that you want removed was posted by you.
We will make a good faith effort to delete or remove your User Content from public view as soon as reasonably practicable. Please note, however, that your request that we delete your User Content does not ensure complete or comprehensive removal of your User Content. Your User Content may remain on backup media, cached or otherwise retained by us for administrative or legal purposes or your User Content may remain publicly available if you or someone else has forwarded or re-posted your User Content on another website, online service, online application or mobile application prior to its deletion. We may also be required by law or other legal obligation to not remove (or allow removal) of your User Content.
Class Action Waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Employees and Contractors; Job Applicants
Job Applicants: In connection with a job application or inquiry, you may provide us with data about yourself, including your educational background or résumé and other information, including your ethnicity where required or permitted by law. We may share this information with our parent corporations and their affiliates for the purpose of employment consideration. We may keep the information for future consideration unless you direct us not to do so.
FOR EUROPEAN VISITORS AND CUSTOMERS:
EU-U.S. and SWISS-U.S. Privacy Shield Additional 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, Ascend 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 use of the European Union Standard Contractual Clauses.
Processing of Personal Data, Purposes and Legal Basis
“Personal Data” means any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of such natural person.
“Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Sensitive Data” means data indicating racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sex life, or sexual orientation, or for any genetic data or biometric data.
Please note that, in certain circumstances, you may be required to provide the requested Personal Data by contract or law, and your failure to provide such Personal Data may mean we are unable to provide you with our Services.
Our legal bases for the Processing of Personal Data are: 1) consent and/or 2) any other applicable legal bases, such as our legitimate interest in engaging in commerce, offering products and services of value to users of our Services, preventing fraud, ensuring information and network security, direct marketing, processing Personal Data for internal administrative purposes, and complying with industry practices.
Your Additional Rights as an European Resident
As a resident of the European Union or a country that follows similar regulations for the protection of Personal Data, you may have the following additional rights:
Consent: We may be required to obtain your consent for certain Processing of your Personal Data, such as Processing of Sensitive Data.
Access: You may request a copy of the Personal Data we have collected from and about you by contacting us. Please be advised that our personnel may have a limited ability to identify and access an individual user’s Personal Data if such information was submitted to us by their school, employer or another organization with whom they are affiliated. Thus, if you wish to request access, to limit use, or to limit disclosure of your Personal Data, we may first refer your request to the school, employer or other organization that submitted your Personal Data to us, and we will support them as appropriate in responding to your request.
Rectification & Erasure: You may request that we rectify or delete any of your Personal Data that is incomplete, incorrect, unnecessary or outdated.
Objection: You may object, at any time, to your Personal Data being Processed for direct marketing purposes.
Restriction of Processing: You may request restriction of Processing of your Personal Data for certain reasons, such as, for example, if you consider your Personal Data collected by us to be inaccurate or you have objected to the Processing and the existence of legitimate grounds for Processing is still under consideration.
Data Portability: You may request and receive the Personal Data we have collected on you in a commonly used and machine-readable form.
Right to Withdraw Consent: Where your Personal Data is Processed solely based on your consent and not for any other legitimate interest, you have the right to withdraw your consent at any time, without affecting the lawfulness of our Processing based on such consent before it was withdrawn, including Processing related to existing contracts for our products and services.
Swiss users whose Personal Data is within the scope of the Privacy Shield certification may also have rights to access certain Personal Data we hold about them and to obtain its correction, amendment or deletion.
To exercise any of the rights listed above, please contact us as set forth below. We will process any requests in accordance with applicable law and within a reasonable period of time. We may require that you establish your identity and provide a clear and precise description of your request. Please note that in some cases, especially if you wish us to delete or cease the Processing of your Personal Data, we may no longer be able to continue to provide our Services to you.
Third Parties with Whom We May Share Data
We may use third-party providers to assist us in providing the Services to our users. Such third-party providers may perform technical operations such as database monitoring, data storage and hosting services and customer support software tools. Such third parties may access, process or store Personal Data in the course of providing these services.
To the extent permitted under applicable law, we may share information about your enrollment and participation in our Services, including your Personal Data, with your employer, governmental agencies, oversight organizations, professional organizations, certification or accreditation organizations, educational institutions, and industry self-regulatory organizations.
We may also share information, including your Personal Data, with third parties for marketing, advertising, promotions, contests, or other similar purposes, with your consent or to the extent permitted under applicable law.
If we receive Personal Data that is subject to our certification under the Privacy Shield and then transfer it to a third-party, we may have certain liability under the Privacy Shield if (i) the third-party Processes the Personal Data in a manner inconsistent with the Privacy Shield and (ii) we are responsible for the event giving rise to the damage, or to the extent we are otherwise liable under applicable law or the Privacy Shield Principles.
International Data Transfers
Our Services may be provided using resources and servers located in various countries around the world, including the United States and other countries. Therefore, your Personal Data may be transferred and Processed outside the country where you use our Services, including to countries outside the EU, EEA or Switzerland, where the level of data protection may not be deemed adequate by the European Commission.
To the extent permitted by applicable law, your use of our Services is your consent to the transfer of your information outside of your country or geographic region, including transfer to the United States, and to processing of your information in the United States by us or by a third party acting on our behalf.
If you wish to know more about international transfers of your Personal Data, please contact us.
Questions or Complaints – Europe
If you are a resident of a European country participating in the Privacy Shield, you may direct any questions or complaints concerning our Privacy Shield compliance to our Privacy Shield and Data Protection Contact. We will work with you to resolve your issue.
If you consider our Processing of your Personal Data to be inconsistent with the applicable data protection laws, you may lodge a complaint with your local supervisory Data Protection Authority responsible for data protection matters.
Dispute Resolution and Arbitration
If you are a resident of a European country participating in the Privacy Shield and you have not received timely response to your concern, or we have not addressed your concern to your satisfaction, you may seek further assistance, at no cost to you, from JAMS, which is an independent dispute resolution body in the United States. For information about JAMS, please see https://www.jamsadr.com/eu-us-privacy-shield.
We also will cooperate with competent EU data protection authorities (DPAs) with regard to human resources data transferred from a European country participating in the Privacy Shield in the context of the employment relationship.
You may also be able to invoke binding arbitration for unresolved complaints but prior to initiating such arbitration, a resident of a European country participating in the Privacy Shield must first: (1) contact us and afford us the opportunity to resolve the issue; (2) seek assistance from JAMS; and (3) contact the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and afford the Department of Commerce time to attempt to resolve the issue. If such a resident invokes binding arbitration, each party shall be responsible for its own attorney’s fees.
US Federal Trade Commission Enforcement
Our Privacy Shield compliance is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC). For information about Privacy Shield, please see https://www.privacyshield.gov/welcome.
Privacy Shield and Data Protection Contact
Your Privacy Shield and Data Protection Contact for the personal information you provide in connection with our sites or Services is:
ATTN: Chief Compliance Officer/Data Privacy Officer – NASM/AFAA European Privacy Contact
Ascend Learning, LLC
5 Wall Street, Burlington, MA 01803, USA
Please provide your identification information, a detailed description of the nature of your request, the name of or Services you use, and your country of residence.