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.
TERMS AND CONDITIONS
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.
In order to participate in workshops or other live events or to sit for a certification examination:
2.1 You must possess a high school diploma or the equivalent, such as the General Education Development (GED) test (for more detailed information, please see the Candidate Handbook); and you must obtain and maintain Adult CPR and AED certifications from an approved CPR/AED provider, such as the American Red Cross, American Heart Association, the Emergency Care & Safety Institution (please contact Member Services to confirm that any other provider has been approved and please note that online providers are not acceptable). All CPR/AED courses must have a hands-on training component.
2.2 Candidates for an Advanced Specialization (PES or CES) must hold either a bachelor's degree in a health and fitness field or have a current NCCA accredited CPT certification. Candidates may also petition for advanced specialization eligibility if they hold a bachelor's degree in a field other than health and fitness and they have extensive health and fitness industry experience.
2.3 Candidate Handbooks. In addition to these Terms and Conditions, (a) candidates for the NASM Certified Personal Trainer ("NASM-CPT"), CPT Certified Professionals, and those who take or have taken NASM Advanced Specializations and (b) candidates for AFAA Certified Group Fitness Instructor (AFAA-CGFI”) certification and CGFI Certified Professionals are subject to the policies and procedures set forth in the relevant Candidate Handbook. Before purchasing any of these products or before the Return Period expiration, you should review the Candidate Handbook that is relevant to you.
2.4 In the Candidate Handbooks, you will find essential information about policies and procedures for CPT/CGFI candidates, CPT/CGFI Certified, as well as important information about registering for a certification examination, special programs offered for candidates, information about guarantees, continuing education and recertification requirements for Certified Professionals, and other terms and conditions. All Candidates and Certified Professionals are required to review the Candidate Handbook related to their field (either the NASM Candidate Handbook for CPT or the AFAA Candidate Handbook for CGFI) prior to examination and recertification.
3. YOUR ACCOUNT
In creating an account with NASM or AFAA ("Account"), you will be required to provide certain information. Upon establishing an Account with the Company, you will be provided with a username, access code or product code. When establishing your Account, you agree to:
3.2 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
4.1 Along with establishing your account, you may be required to separately register for an examination date, depending on the products you select. The Company recommends that examination candidates register for their exam at least sixty (60) days prior to an anticipated examination date to better able to select his/her preferred date and to allow time for receipt of materials and self-study. All examination registrations, including registrations from bulk purchases, are nontransferable.
PRODUCT AND SERVICES TERMS
5. PURCHASING OPTIONS; PAYMENTS
These Terms and Conditions apply to all purchases unless specifically modified by contract agreement. All fees are expressed in U.S. dollars. Most products and services are sold on a direct to consumer basis. Full payment is typically made at the time of sale.
5.1 Purchasing Options
Promotions and Discounts. Periodically, the Company offers promotions or discounts that, if entered at the time of purchase, will be immediately reflected in the purchase price. Most promotions and discounts are offered with specific terms and conditions, including eligibility conditions, so customers are advised to reviews these terms and conditions in advance of purchase. Please note that promotions and discounts are not stackable – only one promotion or discount can be applied to an order and that, after the initial purchase, adjustments to the purchase price for promotions or discounts will only be honored if presented to Customer Service within 28 days of the original purchase
Corporate 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.
Bulk Purchases. Bulk purchases may be available for certain business accounts. Please contact a Sales Associate for more details.
5.2 Payment Options
The Company accepts the following credit and debit card types: American Express, Discover Card, Visa, and MasterCard. Additional forms of payment with business checks, cashier’s checks or money order are accepted for paid in full non-installment orders and orders placed within the United States. For orders placed from outside the United States and when paying by installments (not available for all Products and Services), the only accepted forms of payment are by credit card or debit card. If for any reason payment is incomplete or untimely (returned check, declined credit card, etc.), your account will be placed on hold and you (or, if you are a fitness or educational partner, your students or employees) will be unable to access or complete any online material, quizzes or exams until full payment of the then due amount, plus any fees, is received, processed and approved. The Company has the right to reject any order and/or to limit quantities on any order, for any reason at its sole discretion.
Installment Plans. For some Products and Services, the Company offers installment payment plans. There are two types of plans: the RIC Plan, which is a traditional, longer term payment plan and the Web Installment Plan
RIC Plan: To obtain a RIC Plan, you must contact the Company by phone. The RIC Plan is not available for all Products and Services. The RIC Plan is an interest-free payment plan of up to twelve installments. You and the Company will execute a Retail Installment Contract (RIC), the terms and conditions of which will apply and govern your payment plan. Please note that the RIC may include terms that are inconsistent with this policy but, in all such cases, the terms of the RIC will supersede the terms set forth herein. In order to enter into and maintain an installment plan, a valid form of payment must be provided to the Company and, should the payment form subsequently be cancelled, you must immediately provide another valid form of payment to the Company. Cancellation of a payment form does not excuse you from your obligations under the RIC. Nonpayment will jeopardize your access to Company products and services, your certification status and your ability to recertify.
Web Installment Plan: The Web Installment Plan may be selected at the time of an online purchase for certain Products and Services (it is not available for all Products and Services). The Web Installment Plan is an interest-free, four-payment plan of equal amounts – the initial payment is made at the time of purchase and each of the three remaining payments will be automatically processed against your credit card a monthly basis for the following three months.
Web Installment Plan Terms: In addition to all of the Terms and Conditions set forth in this document, if you select the Web Installment Plan, the following terms apply:
● In order to enter into and maintain an installment plan, a valid form of payment must be provided to the Company and, should the payment form subsequently be cancelled, you must immediately provide another valid form of payment to the Company. Cancellation of a payment form does not excuse you from your obligations under this plan. Nonpayment will jeopardize your access to Company products and services, your certification status and your ability to recertify.
● In order to enter into the Web Installment Plan, you will acknowledge that (i) you affirmatively authorize the Company to charge the initial transaction and three subsequent transactions the debit/credit card you; (ii)t you will hold the Company harmless with respect to the authorization to charge your debit/credit card for these transactions; (iii) you were informed about the transaction split and I will not claim any transaction back made by NASM/AFAA for the authorized amount; and (iv) you read this Terms and Conditions document, including these Web Installment Plan terms and, the Refund Policy below, and you agree to all of the Terms and Conditions herein.
● By selecting the Web Installment Plan, you agree that you are liable to the Company for payment of all amounts due under the plan and you promise to pay us the amount financed, plus other fees and charges, in the time, manner, and amounts due. You also authorize us to charge the initial payment and each subsequent payment to the credit/debit card you provide and that at all times you will ensure that a valid form of payment is made available to the Company. You may prepay the amount owed on the plan in full or in part at any time, without penalty. You agree that the Company is not liable to you for any reason related to the fees or charges your financial institution may assess in connection with any plan payments that are made or attempted to be made (such as over limit fees, non-sufficient funds fees, or returned payment fees).
● Except to the extent restricted by applicable law, the Company may declare your plan to be in default if: (a) we are unable to process a payment when due and you do not then make the full amount of such payment within five (5) business days of the scheduled due date; or (b) any event occurs that, in our reasonable judgment, significantly impairs the prospect of performance of your payment obligations. If we determine an event of default has occurred, we may, immediately and without advance notice, suspend or terminate your ability to have continued or future access to the Products and Services, to revoke your certification, if any, and refuse to recertify you. We also reserve the right, after we provide any notice and wait any time period required by law, to refer your account for collection by a third-party collection agency, report your nonpayment to credit bureaus, initiate actions to collect all amounts owed, and/or exercise any other remedies available under law. Our rights and remedies under the Contract are cumulative.
Fitness and Education Partnerships. Customized packages are available for educational institutions and health clubs that meet certain criteria. Pricing is based on volume and level of commitment. If, pursuant to the agreement between the Company and the partner, a customized package does not require upfront payment in full, failure by the partner to make complete and timely payments will result in the partner’s account being placed on hold and a suspension of access to the Company’s products and services for the partner’s students or employees until full payment of the then due amount, plus any fees, is received, processed and approved. Please contact a Sales Associate for more details.
5.3 Refund Policy
This policy is applicable to all Products and Services, including continuing education. Please note that any previously published policies concerning returns, refunds or cancellation have been replaced by the policies stated herein and all such earlier policies are no 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 14-day free trial of its NASM-CPT program. The free trial offers buyers an opportunity to preview the product before purchase.
◾ Typically, access to online products is available immediately following purchase, but may take up to two days to be activated.
◾ It is not necessary to wait for shipped products to be delivered – you can start your online program without the textbook. Shipped products typically ship within two days of purchase.
● You must contact the Member Services department within the Return Period to request a refund.
● If you have attempted the final test, exam or proctored exam associated with the product or service you purchased, you will not be entitled to a 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 optionally may purchase a package that includes the Exam Prep Guarantee and candidates for the NASM-CPT and the AFAA-CGFI may purchase a Job Guarantee programs (to learn more, please consult the Candidate Handbook). The 10% administration fee will not be applied to guarantee refunds. The guarantee refund will be issued in the same form as your original payment except, if you are making installment payments, the guarantee refund will first be applied to the outstanding balance of your installment plan, if any, and any remaining guarantee refund monies will be returned to you in the same form you used to make you most recent payment on the installment plan.
6. WORKSHOPS OR OTHER LIVE EVENTS
The purpose of a workshop is to provide participants with a live, practical application of the subject matter. Participation in a workshop is not required and does not guarantee improved performance on the exam.
● You are responsible for scheduling your own workshop within at least one week prior to the desired date using the registration invitation received after purchase.
● Only those participants who are enrolled in a workshop through the scheduling portal may attend the workshop.
● Participants are responsible for their own travel and hotel accommodations.
6.2 Workshop Policy
● If a workshop offers Continuing Education Units ("CEUs"), the CEUs are only awarded to attendees (a) who already hold a current certification and (b) who attend the entire workshop.
● Multi-day workshops days must be taken concurrently and no refunds or CEUs will be awarded for incomplete attendance.
● The purchase of a workshop expires 18 months from date of purchase.
● You may request to cancel or reschedule your workshop registration by contacting the Member Services Department at least seven (7) days before the date of the scheduled workshop (excluding the date of the workshop) at no additional charge.
● The Company, in its sole discretion, may allow an exchange outside the seven (7) day period when it deems the circumstances warrant an exception. You will be required to pay the Late Workshop Transfer Fee.
● Failure to attend a workshop will result in the forfeiture of the cost of the workshop. A replacement workshop will be charged at full price.
● Under no circumstances, will a return for refund, even if still within the Return Period, or an exchange be made if sought on or after the date of the scheduled workshop.
6.3 Cancellation of a Workshop or other Live Event
In the event that the Company cancels a workshop or other live event, you will be notified as soon as practical under the circumstances using the contact information you provided at time of registration. In such case, you will be entitled to a full refund, less any merchandise you may choose to keep and any standard fees associated with the merchandise you choose to keep. Under no circumstances will the Company be liable for reimbursement of expenses incurred by you, if the Company notifies you or makes reasonable effort in good faith to notify you prior to the date of the workshop or live event. Before incurring additional expenses, you should verify the event at: http://www.nasm.org or http://www.afaa.com.
Notwithstanding the foregoing, if the Company cancels or postpones a workshop or live event due to inclement weather, force of nature or any act of God, the Company reserves the right to provide an alternative, 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 Specialization 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. AFAA PROGRAMS AND CONTINUING EDUCATION REQUIREMENTS
8.1 The Certified Group Fitness Instructor (an accredited certification) and the Primary Group Exercise Instructor and Personal Fitness Trainer (credentialing programs) each require the completion of a prescribed learning program and passing of an examination within a designated enrollment period. The Certified Group Fitness Instructor certification exam must be completed within 180 days of your registration date. The Personal Fitness Trainer and Primary Group Exercise exams must be completed within one (1) year of your registration date.
8.2 Your certification or credentials must be renewed every two years. In order to recertify or renew your credentials, you must earn at least 15 approved hours of continuing education (1.5 CEUs) and at least 2 hours (0.2 CEUs) must be from AFAA continuing education courses. You can select to earn your remaining CEUs by taking additional AFAA courses or courses offered by AFAA-approved providers. If you take coursework that is not pre-approved, you must fill out a 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.
9. PROFESSIONAL CONDUCT
Each person who holds a credential or certification issued by the Company must comply with all legal requirements of their credentialed profession. In practicing the credentialed role, each person must:
● Provide optimal professional service and demonstrate excellent client care in their practice;
● Conduct themselves in a manner that merits the respect of the public and other colleagues;
● Treat each client with the utmost respect and dignity;
● Respect the confidentiality of all client and employer information;
● Practice with honesty, integrity, and lawfulness, obeying all local, state, federal and provincial laws, regulations and professional rules;
● Accept complete responsibility for their actions; and
● Respect and uphold all copyright, trademark and intellectual property rights and laws.
The Company reserves the right to discipline a credential holder who engages in illegal, threatening or unprofessional behavior in violation of the conduct rules above. The Company also reserves the right to discipline a credentialed person who is convicted of or who pleads guilty or nolo contendere (no contest) to a felony or misdemeanor or who is found through legal process to have been negligent or responsible for injury or harm in performing his/her credentialed role or has misrepresented his/her qualifications to provide services, including opinions or advice, to the public. Discipline may include revoking the credential or reporting unprofessional conduct to concerned third parties, including employers, school, inquiring consumers of the credentialed person’s services, or any regulatory, licensing body or law enforcement.
Please note that the above guidelines for professional conduct do not apply to those holding the NASM-CPT, CES or PES or the AFAA-CGFI credentials, each of whom are required to comply with the Code of Professional Conduct and the other rules and requirements set forth in the relevant Candidate Handbook.
10. ADA ACCOMMODATIONS
Special accommodations for candidates with documented disabilities pursuant to the American with Disabilities Act (ADA) are available for certification examinations. The Company will provide reasonable testing accommodations to candidates whose documented disabilities or other qualifying medical conditions hinder their ability to take an examination under standard conditions. The Company reserves the right to determine the reasonableness of the accommodation requested and accommodation will be granted only to the extent that such accommodation does not fundamentally alter the examination or cause an undue burden to the Company or the testing center. The cost of excessive accommodation requirements is to be borne by the candidate (i.e., electronic communication equipment, etc.). Your request for an accommodation must be submitted at least 30 days prior to the examination date using the form available at http://www.nasm.org/become-a-personal-trainer/personal-trainer-certification-exam or https://www.afaa.com/exam-information.
11. SHIPPING; DELIVERY
11.1 In-stock items normally ship in 2 business days for orders placed before 12:00 p.m. (noon) PST, Monday through Friday, excluding holidays. Access to online courses may take 2 business days to process.
11.2 International Shipping
International orders (placed from outside the United States) must be paid for by credit card or wire transfer. Due to the variance of international shipping rates, the Company will add the exact shipping charge to your purchase order. If shipping charges exceed $100, you will be contacted for approval.
13. NONDISCRIMINATION POLICY
NASM and AFAA do not discriminate against any individual because of age, disability, gender, national origin, race, religion, sexual orientation, veteran status or any other protected class. NASM and AFAA endorse and adhere to the principles of equal opportunity.
14. LICENSE TERMS
Products and services made available to you by the Company are licensed, and not sold, to you, subject to the terms of this Agreement and your timely payment of any fees due and payable by you to the Company. Your license to use Company’s products and services is subject to your prior acceptance of this Agreement and you agree that these terms will apply to each Company’s product and service, including any updates or enhancements thereto. You are not authorized to assign or transfer this license or your access code, username, or password to any other person or entity. Other than the rights granted to you in this Agreement, the Company grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works or translations of or based on the Company’s products and services (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the Company’s products and services). You agree to use the Company’s products and services only as permitted under this Agreement and any terms delivered with the Company’s products and services. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your license to use the Company’s products and services. If the Company reasonably suspects that you have violated this Agreement, or if you have not paid the fees that are due and payable by you to the Company, then, without notice to you, the Company may terminate this Agreement, the license, and your Account and deny you further access to the Company’s products and services. Upon termination of this license, you shall cease all use of the Company’s products and services and remain liable for paying all amounts that may be due and payable by you to the Company. The Company reserves the right to modify, suspend, remove, or disable access to any Company products or services at any time without notice and in no event will the Company be liable for making any such changes.
15. INTELLECTUAL PROPERTY
15.1 You understand and agree that the Company’s products and services constitute intellectual property and proprietary material that is owned by the Company, its affiliates, or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by the Company and its licensors. The Company names and acronyms, including NASM® and AFAA®, and other Company trademarks, service marks, graphics, and logos used in connection with the Company’s products and services are trademarks or registered trademarks of the Company in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Company’s products and services may be the trademarks of their respective owners. The Company and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.
15.2 You agree to abide by all copyright notices and restrictions contained on this or any website of the Company, on the Company’s products and services and in accordance with this Agreement. You may not copy, distribute, enter into a database, display, perform, create derivative works, translate, or transmit any content contained in the Company’s products or services, except that you may download one copy of any Company materials accessible online so long as you comply with the terms of this Agreement. All Company products and services are provided for your own personal, non-commercial use. You may not alter the text or remove any trademark or other notice displayed on the Company’s products or services. All rights are reserved. The Company's logos, trademarks, and servicemarks (together, "Marks"), are owned by the Company. You may not use the Marks without the prior written approval of the Company.
16. NO RESALE
The Company’s products and services are not provided for redistribution or resale under this Agreement.
17. COMPLIANCE WITH LAWS; EXPORT
You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of the Company’s products or services. You will not use the Company’s products or services in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export the Company’s products or services except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. Neither the Company’s products nor its services may be exported into any U.S. embargoed countries or to anyone on the U.S. Government's list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.
18. GOVERNMENT USE
The Company’s products and services were developed using private funds and are "Commercial Items" as defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of this Agreement. Unpublished-rights reserved under the copyright laws of the United States.
20. DISCLAIMER OF WARRANTIES
THE COMPANY’S PRODUCTS AND SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ALL PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. No oral or written statement by any Company employee or representative shall create a warranty or modify this section. Certain jurisdictions do not permit the exclusion of implied warranties, so the forgoing exclusion may not apply to you.
YOU EXPRESSLY AGREE THAT your use of, or your inability to use, the Company’s products or services is at your sole risk. The Company does not warrant for the accuracy or completeness of any information, text, graphic, links or other items contained within the Company’s products or services or for any errors, omissions, or any outcomes related to your use of the Company’s products and services. The Company takes precautions to protect itself against, but makes no warranties respecting, any harm that may be caused by the transmission of a computer virus, worm or other system or network infection or attack. The Company does not guarantee that your use of the Company’s products or services will be error-free or uninterrupted.
You and those with whom you work or provide exercise advice should always review the instructions and recommendations of the manufacturer of any exercise equipment before use, even equipment that appears in any Company product, as the manufacturer’s instructions and recommendations may have changed since the publication of the Company product. YOU EXPRESSLY AGREE that the Company is not responsible for harm that may arise from the use or misuse of any exercise equipment by you or any person to whom you provide exercise advice or instruction.
21. DISCLAIMER: NO PROVISION OF PROFESSIONAL ADVICE; NO GUARANTEE
The Company, its licensors and contributors are not engaged in rendering medical, legal or other professional advice of services and the content of the Company’s products or services or its websites and marketing materials are not intended to take the place of such advice. If such advice or other expert assistance is required, the service of a competent professional should be sought. Please consult a physician or other appropriate professional before using any of the information, services, products or other resources you may find in the content of the Company’s products or services or the Company’s websites and marketing materials, or other resources mentioned or made accessible through the Company’s websites. The Company does not endorse, sponsor or guarantee any of the information of others, including advertisers, providers or partners, that may be accessible or made available on its websites or in its marketing materials or posted by any users who are not officers, directors, employees, representatives or agents of the Company. Except as specifically stated in the Candidate Handbooks, the Company does not guarantee that the use of any of its CPT and/or CGFI study or preparation materials or tools guarantees success on the certification exam or of future employment. Use of the Company’s CPT and/or CGFI study or preparation materials or tools is not required to sit for the certification examination.
22. DISCLAIMER: NO ENDORSEMENT OR AFFILIATION
Without limiting the forgoing, the Company makes no representations or warranties and assumes no liability regarding the background, suitability or qualifications who may participate in Workshops or other live events, whether as providers (independent contractors who serve as instructors or trainers, staff of the facility or other non-employees of the Company present at such events) or as recipients of the Company’s products or services. Participants are solely responsible for making their own inquiries regarding the suitability of such individuals.
23. Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall the Company's total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails its essential purpose.
By using the Company’s products and services and this Site, you accept this Agreement and you agree that you will indemnify and hold the Company and its parent companies and affiliated entities, its and their respective directors, officers, employees, agents, contractors, principals, and its licensors and suppliers and their respective parent companies, affiliated entities, directors, officers, employees and agents harmless in connection with any claim arising out of your breach of the terms of this Agreement, your use of the Company’s products and services, or any action taken by the Company to protect its intellectual property, including, but not limited to, suspension or termination of your access to the Company’s products and services.
We recognize the importance of protecting the privacy and safety of children. Our Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Services and do not send any information about yourself to us. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.
26. 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.
29.1 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.
29.2 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.
29.3 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.
29.4 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.
29.5 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).
29.6 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.)
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.
Data Collection. NASM/AFFA 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:
● Website visit. When you provide information during a login process, when you access certain portions of our website, when you ask us to provide more information, when you purchase online or in connection with any online employment applications.
● Registration. When you create an account on our Services, make a purchase, register or login to access or use functions or features.
● Communications. When you communicate with us.
● Learning and Certification Activities. When you use our Services, information about your grades and scores, instructor feedback and comment, your personal learning behaviors, and various metrics related to your learning of particular subject matters is recorded.
● Surveys and Research. If you participate in our research studies about our products or the industries and professions we support or our market research surveys or programs.
● Forums. If you participate in our forums, blogs, intranets, chat rooms, “wikis” or other similar features.
● Subscriptions. If you subscribe to one of our newsletters or request text alerts.
● Social Media. If you use or interact with our Services on social media and networking pages and applications, such as Facebook, Instagram, LinkedIn and others.
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) and Medical Records (HIPAA). In providing our Services, we are not directly covered by the U.S. Federal Educational Rights and Privacy Act (“FERPA”) or the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). However, to the extent we are required to do so by contract with an organization who provides your personal information to us or with whom we share your information, and to the extent that such personal information provided to us is subject to FERPA or an equivalent law or regulation for your state or country of residence, or 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:
● To fulfill your requests for Services and communicate with you about those requests.
● To set up your account and verify your identity when you register for our Services.
● To process your payments - but we do not retain your credit card data after a payment has been processed.
● To monitor, record, analyze and report on your activity, interactions and engagement with our Services.
● To track and analyze and report on your progress, success, results, performance, registrations, incomplete attempts, and results in connection with our certification and specialized certificate program Services. If your use of our Services is in connection with a school, employer, institution or other organization (“your Institution”), we may share your data with your Institution, its instructors and staff, and other parties associated with or required by your Institution.
● To perform research and analysis for our Services and to further develop and improve our Services or to perform research concerning the industries and professions we serve.
● To perform benchmarking analytics and general metrics about your performance or, after anonymizing, de-identifying or aggregating the data, your Institution’s performance as compared to other schools and institutions and other NASM/AFAA customers.
● To analyze technical data such as cookies, content viewed, IP address, device use, site volume and load.
● To verify compliance with license terms.
● To support and personalize our Services, websites, mobile services, and advertising.
● To inform you of new products, services or promotions we may offer.
● For research, analysis, benchmarking or surveys.
● To engage you in our social media platforms.
● To protect the security and integrity of our Services, content, and our business.
● To respond to reviews, comments, or other feedback you provide us.
● To comply with applicable legal or regulatory requirements and our policies, protect against criminal activity, claims and other liabilities.
● For any other lawful purpose for which the information is provided.
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.
● Affiliates and Agents. We may share information with our parent corporations and affiliates (or any business partner or agent acting on our behalf) worldwide as necessary to provide you with the Services, each such parent corporation, affiliate, business partner, and agent will be under the same obligations as is NASM/AFAA to protect the confidentiality of your information and protect your privacy.
● Analytics and Reporting. We may share your information to (i) analyze and provide certain information about your learning and academic performance to you, your institution, including other parties associated with and required by your Institution, and your instructor(s) or supervisor(s) from your Institution; (ii) generate reports and analytics for use by you, your Institution, other parties associated with and required by your Institution, and your instructor(s) regarding the learning and academic performance of an entire class or cohort at your Institution and (iii) generate reports and analytics to be used by researchers or third parties in the industries or fields that we support to better understand changes and trends in such industries or fields.
● Service providers. We may share information with agents, contractors, service providers, vendors, business partners, and other third parties we use to support our business and Services. We may share information to provide technical support to you and your Institution, its instructor(s) or staff. Some examples of third parties we work with are shippers, payment servicers, information processors, financial institutions, data centers, educational institutions you attend, other organizations you are affiliated with, or their support service providers. 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.
● Your Institution and other Organizations. We may share information about your use of our Services with your Institution and its faculty or staff, and other parties associated with or required by your Institution. We also may share information with governmental agencies, oversight organizations, professional organizations, certification or accreditation organizations, and industry self-regulatory organizations.
● Fraud Prevention. We may share your information to confirm your identity to ensure only authorized users are accessing our Services and for general security.
● Advertising and Marketing. To the extent permitted by applicable law, we may share information with third parties for marketing, advertising, promotions, contests, or other similar purposes. If required by applicable law, we will share such data for advertising and marketing purposes only in an aggregate, anonymous, and de-identified manner.
● Mergers, Acquisitions, Divestitures. We may share, disclose or transfer information about you to a buyer, investor, new affiliate, or other successor in the event NASM or AFAA, their parent companies or affiliates, or any portion, group or business unit thereof, undergoes a business transition, such as a merger, acquisition, consolidation, reorganization, divestiture, liquidation or dissolution (including bankruptcy), or a sale or other transfer of all or a portion of any assets or during steps in contemplation of such activities (e.g., negotiations and due diligence).
● Law Enforcement and National Security. We may share information to comply with any law or directive, judicial or administrative order, legal process or investigation, warrant, subpoena, government request, regulatory request, law enforcement or national security investigation, or as otherwise required or authorized by law.
● Protection of Rights, Property or Safety: We may also share information if, in our sole discretion, we believe disclosure is necessary or appropriate to protect the rights, property or safety of any person, or if we suspect fraud, illegal activity, abuse or testing misconduct has taken place.
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.
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 the 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 the data if it is inaccurate or delete it as long as we are not required to retain it by law or for 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.
We may use the following types of cookies and similar technologies:
● Strictly necessary cookies required for the operation of our Services. They include, for example, cookies that enable you to log into secure areas.
● Analytical/performance cookies that collect information about how you use our Services. They allow us to recognize and count the number of visitors and to see how visitors move around our website. This helps us to improve the way our website works. These cookies are sometimes placed by third party providers of web traffic analysis services.
● Functionality cookies that remember choices you make and recognize you when you return. This enables us to personalize our content, greet you by name and remember your preferences (for example, your choice of language or region).
● Targeting cookies that collect information about your browsing habits such as the pages you have visited and the links you have followed. We use this information to make our website more relevant to your interests, and, if we enable advertising, to make advertising more relevant to you, as well as to limit the number of times you see an ad. These cookies are usually placed by third-party advertising networks. They remember the other websites that you visit and this information is shared with third-party organizations, for example advertisers.
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.
Links. 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.
Data Retention. 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.
Additional Notices to California Residents. Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use may be entitled to request and obtain from us, once per calendar year, information about customer information we have shared, if any, with other businesses for such other businesses’ own direct marketing uses. If applicable, this information would include the categories of resident information and the names and addresses of those businesses with which we shared such resident information for the immediately prior calendar year. To obtain this information, please email NASM at firstname.lastname@example.org or AFAA at email@example.com - with “Request for California Privacy Information” in the subject line of your message, or mail your request to us at the address set forth below:
ATTN: Legal Department - California Privacy Request
Ascend Learning, LLC
5 Wall Street, Burlington, MA 01803, USA
Please include sufficient personal identification information so that we can process your request, including name, mailing address, and email address if you want to receive a response by email.
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 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.
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 Customers: EU-U.S. and SWISS-U.S. Privacy Shield Additional Notice. We are in the process of submitting our certification of compliance with 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 that we receive and process through the Services. 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. Once complete, our Privacy Shield certification will be available here. 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. Pursuant to the Privacy Shield, the arbitrator(s) may only impose individual-specific, non-monetary, equitable relief necessary to remedy any violation of the Privacy Shield Principles with respect to the resident.
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: Legal Department – 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.
Last updated May 2018