PLEASE READ THIS AGREEMENT ("Agreement") CAREFULLY PRIOR TO PLACING AN ORDER, ENROLLING IN AN EXAMINATION, COURSE OR MEMBERSHIP WITH ACTION CERTIFICATION. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND ACTION CERTIFICATION LLC. BY CLICKING THE "I ACCEPT" BUTTON, OR BY ORDERING, ENROLLING IN AN EXAMINATION, COURSE OR MEMBERSHIP WITH ACTION CERTIFICATION LLC YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT CLICK "I AGREE".Communications Policy
ACTION Certification LLC candidates agree to receive email communications from ACTION Certification LLC containing information relevant to the ACTION Certification LLC program including marketing messages. Candidate expressly "opts-in" to receive these messages. The candidate can opt-out from receiving messages at any time. We do not sell or share your personal information with anyone.
By enrolling in an examination, course, or membership with ACTION Certification LLC you are legally bound to the following terms and conditions. Prices, terms and offerings on www.ACTIONcertification.org are subject to change at any time without notice.
"Materials" means all products and services offered by ACTION Certification LLC and provided pursuant to this Agreement.
You acknowledge that the Materials are protected by copyrights, trademarks, service marks and other proprietary rights that are owned by ACTION Certification LLC or by third parties that have licensed their use to ACTION Certification LLC. You agree to abide by all copyright notices and restrictions contained on www.ACTcertification.org, on the Materials and in accordance with this Agreement. You may not copy, distribute, enter into a database, display, perform, create derivative works, transmit or otherwise use any Materials, except that you may download one copy of any Materials accessible online so long as you comply with the terms of this Agreement. All Materials 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 Materials. All rights are reserved.
Materials are not provided for redistribution or resale under this agreement.
All enrollments, including enrollments from bulk purchases, are nontransferable.
ACTION Certification LLC candidates are not required to purchase, enroll or participate in any ACTION Certification LLC educational offering and may register solely for the ACTION Certification LLC examination.
ACTION Certification LLC accepts payment in the form of personal Visa, MasterCard, electronic bank transfer and Paypal. The accepted methods of payment may be changed by ACTION Certification LLC at any time in its sole discretion. For International orders, the only accepted forms of payment are by Visa, MasterCard or Paypal. If for any reason payment is incomplete (returned check, declined credit card, etc.), the account will be placed on hold and the member will be unable to access or complete any online material, quizzes or exams until full payment is received, processed and approved.
Returns, Refunds, Exchanges
Given the nature of electronic delivery of digital content, ACTION Certification LLC does not accept returns or grant refunds for any reason. Exam fees, if applicable, are non-refundable.
Certification is available for the ACTION Certification-Certified Personal Trainer designation. Candidates agree not to disclose any portion of the exam to any third party. Certifications are valid for two years and must be renewed by submitting the ACTION Certification LLC Recertification Application, 2.0 approved Continuing Education Units (CEUs), and the prevailing recertification fee. Certification for the ACTION Certification LLC will be awarded upon successful completion (scaled score of 70) of the examination.
ACTION Certification Retest Policy
Candidates who fail the exam may re-test after a 90 day waiting period following the date the previous exam was taken. This waiting period was created to help protect the security of the exam. Given the computer based nature of the exam, the limited number of exam forms and the number of individuals taking the exam, a waiting period was created with the goal of creating time between administrations so that exam takers will have less memory of the previous version of the exam.
The ACTION Certification LLC must be recertified every two years. 2.0 CEUs from an ACTION Certification-approved provider must be completed before the certification expiration date, or within 90 days of the expiration date including a late fee. Recertification applications will be accepted by the ACTION Certification-Board of Certification up to one year after the expiration date, provided that the candidate has paid a current late fee and the current recertification fee.
- Complete the ACTION Certification Recertification Application.
- Include documentation of 2.0 continuing education units from an ACTION Certification-approved provider.
- Include the then current recertification fee.
- Include any late fees, if applicable.
- Submit all items prior to your certification expiration date to the ACTION Certification Board of Certification.
Continuing Education and Other Courses
All continuing education courses, other course offerings and products offered by ACTION Certification LLC are subject to these Terms and Conditions.
Special Exam Accommodations
Special exam accommodations can be made for students with disabilities that prevent them from taking the ACTION Certification LLC examination under normal conditions in accordance with the Americans with Disabilities Act of 1990. Candidates must complete the Request for Special Examination Accommodations Form and include documentation from a qualified professional that describes the disability and requested accommodations. ACTION Certification LLC reserves the right to determine the reasonableness of the accommodation requested.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ACTION CERTIFICATION LLC PROVIDES MATERIALS "AS IS" AND MAKES NO OTHER EXPRESS WARRANTIES, WRITTEN OR ORAL, AND ALL OTHER WARRANTIES ARE SPECIFICALLY EXCLUDED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE.
Limitation of Liabilities
EXCEPT FOR RETURNS AND REFUNDS AS PERMITTED UNDER THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OF ANY TYPE WHATSOEVER, ARISING OUT OF THE MATERIALS OR SERVICES PROVIDED BY ACTION CERTIFICATION LLC HEREUNDER, OR ACTION CERTIFICATION LLC'S PERFORMANCE UNDER THIS AGREEMENT, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY ACTION CERTIFICATION LLC'S SOLE NEGLIGENCE IN AN AMOUNT NOT TO EXCEED (i) THE GREATER OF US$65, or (ii) THE PRICE PAID BY YOU TO ACTION CERTIFICATION LLC FOR THE SPECIFIC SERVICE OR MATERIAL FROM WHICH SUCH CLAIM ARISES.
ACTION Certification LLC's logos, trademarks, and servicemarks ("Marks") are owned by ACTION Certification LLC. You may not use the Marks without the prior written approval of ACTION Certification LLC.
This Agreement (i) is the complete statement of the agreement of the parties and supersedes all prior or contemporaneous agreements between the parties with regard to the subject matter hereof; (ii) may be modified only by a written document signed by both parties; and (iii) is governed by the laws of the State of California, excluding its conflict of law rules; and (iv) that any litigation arising out of or relating to this Agreement shall be filed in and heard by the state or federal courts with jurisdiction to hear such suits located in Los Angeles County, California. In the event that any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. Failure to enforce any term of this Agreement will not be deemed a waiver of future enforcement of that or any other term. Section headings are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement. This Agreement is not assignable by you without the prior written consent of ACTION Certification LLC.
This section of the terms and conditions deals with subscriptions to the ACTION PERSONAL TRAINING SYSTEM.
HEALTH MANAGEMENT SOFTWARE USER
USER AGREEMENT, TERMS AND CONDITIONS, AND CANCELLATION POLICY
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE FOR THIS WEBSITE CAREFULLY. By using this website you are agreeing to the Terms and Conditions outlined herein. You should check the content of these Terms and Conditions periodically for changes as ACTION CERTIFICATION LLC reserves the right to make such changes, without notice to you. By using this website after such changes have been made and posted you agree to accept those changes, whether you have reviewed them or not. If at any time, you do not agree to these Terms and Conditions or changes to these Terms and Conditions, your sole remedy is to discontinue use of this website. Any use or continuation of use of this Website is deemed to be your acceptance of these Terms and Conditions or any changes to these Terms and Conditions.
ACTION CERTIFICATION LLC maintains this Internet website as a service to the global Internet community. All content, both images and text is the property of ACTION CERTIFICATION LLC and is not to be copied and or modified without the written consent of ACTION CERTIFICATION LLC. ACTION CERTIFICATION LLC reserves all rights to the content. Only where expressly authorized by ACTION CERTIFICATION LLC may members download content for their own personal, non-commercial use in accordance with these Terms and Conditions or the written consent of ACTION CERTIFICATION LLC.
ACTION CERTIFICATION LLC will use reasonable efforts to include accurate and up-to-date information, but makes no warranties or representations as to the accuracy or completeness of this information. ACTION CERTIFICATION LLC shall not be liable for damages of any kind arising from your use, access, or inability to access this or any ACTION CERTIFICATION LLC maintained website or your reliance on the information contained within this or any ACTION CERTIFICATION LLC maintained website.
ACTION CERTIFICATION LLC takes no responsibility for links within this or any ACTION CERTIFICATION LLC maintained website. ACTION CERTIFICATION LLC shall not be liable for any damages or consequences that arise from your transfer to any other websites via a link within this or any ACTION CERTIFICATION LLC maintained website. ACTION CERTIFICATION LLC makes no warranties or representations of any kind in relation to websites owned, operated, represented, maintained, used or occupied by persons, parties or entities other than ACTION CERTIFICATION LLC.
You are solely responsible for maintaining the secrecy of your passwords and account information. Please be diligent in protecting the secrecy of such information as you will be responsible and liable for any and all use of your password or account, notwithstanding that such use was not authorized by you.
The Training System
Not all exercises or diets are suitable for everyone. Before you begin this program, you should have the permission of your doctor to change your diet and participate in vigorous exercise. If you ever feel discomfort or pain while exercising, discontinue the exercise and seek medical advice. The instructions and advice presented by ACTION CERTIFICATION LLC are in no way intended as a substitute for medical counseling.
The creators, producers, participants and distributors of ACTION CERTIFICATION LLC products and services reserve the right to refuse membership at their sole discretion and disclaim any liability or loss in connection with the exercise and advice provided herein.
INFORMATION: All information presented by ACTION CERTIFICATION LLC is for entertainment purposes only. The material is not intended to be a substitute for medical counseling. This website is intended to help you make informed decisions about your diet and health. Before adhering to any of the information or recommendations presented by ACTION CERTIFICATION LLC please consult with your own physician or healthcare practitioner. ACTION CERTIFICATION LLC reserves the right to refuse or cancel membership for any reason, including certain medical conditions.
GENERAL TERMS AND CONDITIONS: You agree to: (a) maintain the security of your user identification, password and other confidential information relating to your ACTION CERTIFICATION LLC account(s); (b) be responsible for all charges resulting from the use of your ACTION CERTIFICATION LLC account, including unauthorized use; (c) take such steps to discontinue the occurrence of any unauthorized use by notifying ACTION CERTIFICATION LLC immediately and changing your password; and (d) keeping your e-mail address and other personal information current.
MEMBERSHIP TERM: Unless otherwise specified, a membership will be automatically renewed each month, on a month-to-month basis. Members are financially responsible for all associated renewal fees until notice of cancellation is received.
CANCELLATIONS: Cancellations are not retroactive. Therefore, if a member cancels after their membership month has commenced, the member will not be entitled to a refund for that membership month. Cancellations do not become effective until the starting date of the member's next membership month. A membership month begins on the numbered date when a member subscribes or renews their membership (e.g. November 30) and concludes on the day before that numbered date for each successive month after (e.g. December 29, January 29th etc.) unless that numbered date does not exist in a successive month (e.g. February 29th) in which case, the closest preceding numbered date in the successive month will be used (e.g. February 28).
You can request to cancel your subscription using the following web form:
WAIVER, RELEASE AND LIMITATION OF LIABILITY: You agree that neither ACTION CERTIFICATION LLC nor its affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers or suppliers, shall have any liability to you under any theory of liability or indemnity in connection with your use of ACTION CERTIFICATION LLC products or services. You hereby release and forever waive any and all claims you may have against ACTION CERTIFICATION LLC for losses or damages you sustain in connection with your use of any ACTION CERTIFICATION LLC products or services, this website, http://myampfitness.com, or the use of any other website maintained by ACTION CERTIFICATION LLC.
If ACTION CERTIFICATION LLC, or any of its officers, directors, employees, agents, consultants, information providers or suppliers is held to be liable, notwithstanding the foregoing waiver and release in the preceding paragraph, the total liability of ACTION CERTIFICATION LLC, its officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees actually received by ACTION CERTIFICATION LLC from you for the particular product, information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the products, information, services or other parts of ACTION CERTIFICATION LLC are hereby excluded and waived even if ACTION CERTIFICATION LLC or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. You agree that any and all data entered into the system is the property of ACTION CERTIFICATION LLC, including but not limited to all Exercise Programs, and Recipes.
NOTICE: ACTION CERTIFICATION LLC may deliver notice to you by means of phone, e-mail, text message, a general notice on this website or other website maintained by ACTION CERTIFICATION LLC or by written communication delivered by mail to your address on record.
ACTION CERTIFICATION LLC licenses the Health Management Software from Real Life Health Management Inc. and all User Agreement Terms, Conditions, and Cancellation Policies outlined above apply to ACTION CERTIFICATION LLC and all of its Users, Administrators, and Trainers.