Agreement between User and Certification.fit
Welcome to Certification.fit. The Certification.fit website (the “Site”) is comprised of various web pages operated by the National Federation of Professional Trainers (“NFPT”). Certification.fit is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms”). Your use of Certification.fit constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Certification.fit is an E-Commerce Site.
The purpose of this site is to sell certification packages to prepare and certify personal fitness trainers for a successful career. NFPT also provides free and paid continuing education programs to trainers once they earn certification, as well as one of the most active informational blogs in the industry.
Privacy
Your use of Certification.fit is subject to NFPT’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting Certification.fit or sending emails to NFPT constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that NFPT provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your NFPT account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that NFPT is not responsible for third party access to your account that results from theft or misappropriation of your account. NFPT and its associates reserve the right to refuse or cancel service, terminate accounts or remove or edit content in our sole discretion.
Children Under 13 years old
NFPT does not knowingly collect, either online or offline, personal information from people under the age of 13. If you are under 18, you may use Certification.fit only with the permission of a parent or guardian.
Cancellation/Refund Policy
NFPT has adopted a simple refund policy that allows a full refund minus a $50 processing fee within the first 30 days of the original date of Standard Certification Package or Exam Voucher application; an $80 non-refundable fee is retained for the Premier Certification packages as the printed education materials are non-returnable. After 30 days from the original application date, no refund is provided.
The NFPT Membership Renewal Fee and NFPT-CPT Exam Re-Test Fee is non-refundable.
For NFPT Advanced Continuing Education Courses, the refund policy allows for a full refund minus a $30 processing fee within the first 30 days of the original enrollment. After 30 days, no refund is provided.
No refund is provided for NFPT Introductory Continuing Education Courses.
No refund is provided for any course (Certified Personal Trainer or Continuing Education Courses) if the exam for the respective course has been taken, regardless of passing or failing score. No refund is provided after test sitting.
Links to Third Party Sites/Third Party Services
Certification.fit may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of NFPT and NFPT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NFPT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NFPT of the site or any association with its operators.
Certain services made available via Certification.fit are delivered by third party sites and organizations. By using any product, service or functionality originating from the Certification.fit domain, you hereby acknowledge and consent that NFPT may share such information and data with any third party with whom NFPT has a contractual relationship to provide the requested product, service or functionality on behalf of Certification.fit users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Certification.fit strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to NFPT that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos and images, as well as the compilation thereof, and any software used on the Site, is the property of NFPT or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part, found on the Site. NFPT content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of NFPT and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of NFPT or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by NFPT from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the NFPT Content accessed through Certification.fit in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless NFPT, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NFPT reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NFPT in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and NFPT agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NATIONAL FEDERATION OF PROFESSIONAL TRAINERS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NATIONAL FEDERATION OF PROFESSIONAL TRAINERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NATIONAL FEDERATION OF PROFESSIONAL TRAINERS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NATIONAL FEDERATION OF PROFESSIONAL TRAINERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NATIONAL FEDERATION OF PROFESSIONAL TRAINERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
NFPT reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment or agency relationship exists between you and NFPT as a result of this agreement or use of the Site. NFPT’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NFPT’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NFPT with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NFPT with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NFPT with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
NFPT reserves the right, in its sole discretion, to change the Terms under which Certification.fit is offered. The most current version of the Terms will supersede all previous versions. NFPT encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
NFPT welcomes your questions or comments regarding the Terms:
National Federation of Professional Trainers
P.O. Box 4579
Lafayette, IN 47903
Email Address:
info@nfpt.com
Telephone number:
(800) 729-6378
Effective as of April 09, 2022