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Terms and Conditions

ISTA Online Terms and Conditions

Agreement between user and www.istacertified.org

Welcome to www.istacertified.org. The www.istacertified.org website (the “Site”) is comprised of various web pages operated by International Strength Training Association LLC (“ISTA”). www.istacertified.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.istacertified.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.istacertified.org is a E-commerce Site ISTA provides online certifications in personal training and nutrition coaching.

Electronic Communications

Visiting www.istacertified.org or sending emails to ISTA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. ISTA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.istacertified.org only with permission of a parent or guardian.

Links to third party sites/Third party services

www.istacertified.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ISTA and ISTA 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. ISTA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ISTA of the site or any association with its operators. Certain services made available via www.istacertified.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.istacertified.org domain, you hereby acknowledge and consent that ISTA may share such information and data with any third party with whom ISTA has a contractual relationship to provide the requested product, service or functionality on behalf of www.istacertified.org users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.istacertified.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ISTA 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 which 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, images, as well as the compilation thereof, and any software used on the Site, is the property of ISTA 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. ISTA 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 ISTA 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 ISTA or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by ISTA 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 ISTA Content accessed through www.istacertified.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless ISTA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ 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. ISTA 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 ISTA in asserting any available defenses.

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. INTERNATIONAL STRENGTH TRAINING ASSOCIATION LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. INTERNATIONAL STRENGTH TRAINING ASSOCIATION LLC 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. INTERNATIONAL STRENGTH TRAINING ASSOCIATION LLC 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 INTERNATIONAL STRENGTH TRAINING ASSOCIATION LLC 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 INTERNATIONAL STRENGTH TRAINING ASSOCIATION LLC 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

ISTA 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 Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas 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 ISTA as a result of this agreement or use of the Site. ISTA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ISTA’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 ISTA 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 ISTA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ISTA 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 an d 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.

Terms & Conditions

Please read this document carefully.  It contains important information about your rights and obligations, including binding terms of your contract with International Strength Training Association LLC (ISTA).These Terms & Conditions also include an agreement that all disputes shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association.

1. GENERAL By using the ISTA website, you agree to these Terms and Conditions.  These Terms and Conditions shall be construed in accordance with the laws of Texas.  In the event that any provisions of these Terms and Conditions of Use are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.  These Terms and Conditions, together with any other agreements entered into between the user and ISTA, constitute the entire understanding between the parties pertaining to use of ISTA website, and any prior written or oral agreements between the parties are expressly canceled.
2. NO REFUND POLICY You agree that there has been no representation outside of this contract and these terms and conditions are binding.  Due to the nature of the immediate electronic delivery of our certificates via email, ISTA does not offer refunds on purchases for any reason.  All sales are final.
3. CONTINUED EDUCATION AND OTHER RESPONSIBILITIES International Strength Training Association LLC (ISTA) certifications are intended for niche marketing, continuing education, and as a resource for the fitness professional.  ISTA does not guarantee that ISTA niche and continuing education certificates will be accepted by all fitness industry employers.  It is your responsibility to determine what is required by your employer, as well as what is required by any laws or regulations that apply to you. By making a purchase from ISTA you are agreeing to these terms and conditions, you verify that the following is true and correct: You are 18 years of age or older; that you (as named in the shipping address) completed this test without the assistance of others; that you will complete certification in CPR/AED before training or working with any others in any fitness capacity; that you recognize that ISTA certificates are solely e-delivered in .PDF format; that you will attain a letter of consent from the personal physician of clients under your care; that you will complete a full practicum/internship (minimum twenty-five hours) with a certified trainer before training individually; that you will not let my continuing education lapse while providing services as a personal trainer; and that are covered under your own or your employer’s professional liability insurance policy. I
4. PRIVACY Your privacy, as well as the privacy of others, is important to ISTA.  ISTA must obtain some personal information in order to answer customer requests, process customer orders, and accurately deliver items purchased.  We use the information collected to verify and validate individuals taking our tests and for limited research and marketing purposes.  To prevent unauthorized access of your information, ISTA has adopted physical, electronic and managerial policies and procedures. ISTA does not certify anyone we actually know is under 18, and no part of this site is structured to attract anyone under the age of 13.  If a child has provided us with personal information, we ask that a parent or guardian of the child contact us at info@istacertified.org if they would like the information submitted by a child deleted from our database.  We will use all reasonable efforts to delete such information from our database as soon as practicable.
5 DISCLAIMER OF WARRANTY. ISTA’s website is provided “as is,” without representations or warranties of any kind.  Without limiting the foregoing, ISTA makes no warranty or representation of the accuracy of the information or advice contained on this website or in any of the materials available for purchase through this website, and  makes no warranty or representation that access to or operation of the Site will be uninterrupted or error free.  Use of the ISTA site is at your own risk.  You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of ISTA’s site.  In no event will ISTA, its suppliers, or any other party involved in creating, producing or delivering the Site’s content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site.
6 LIMITATION OF LIABILITY. In no event will ISTA, its business partners, or any of its officers, directors, shareholders, employees or agents (collectively, “ISTA and its affiliates”) be liable to you or any third party for any claims for personal injury or damage resulting from or related to the actions of anyone who has received or employed someone who has received any ISTA certificate.  Nor will ISTA or its affiliates be liable to you or any third party for any claims for loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses, whether these be direct, incidental, indirect, special or consequential damages, arising out of your use of or inability to use the site, including but not limited to  any viruses or other contamination of your computer system or other device as a result of your use of the Site.   Further, neither ISTA nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site. Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by ISTA.
7.INDEMNIFICATION You agree to indemnify and hold ISTA and its affiliates harmless from any claim or demand by you or any third person arising from your use of this cite or in any way relating to your ISTA certification.  This means that in any such suit you will be responsible for paying ISTA and its affiliates reasonable attorneys’ fees, the cost of arbitration and any judgment entered against ISTA or its affiliates.
8.PAYMENT PLANS.  If the purchaser does not complete all payments in accordance to the time specified their certification will be revoked and they will not be able to call themselves a ISTA Certified Personal Trainer.
9. PROCTORING SERVICES. ISTA uses the services or ProctorU to proctor the ISTA Personal Trainer Certification Exam. A exam fee is required and will be the responsibility of the purchaser to pay.

Changes to Terms

ISTA reserves the right, in its sole discretion, to change the Terms under which www.istacertified.org is offered. The most current version of the Terms will supersede all previous versions. ISTA encourages you to periodically review the Terms to stay informed of our updates.

Disclaimer

By signing up for the ISTA Certifications I am agreeing to the terms and conditions, I verify the following: that I am 18 years of age or older, that I (named in the shipping address) completed this test without the assistance of others, that I will complete certification in CPR/AED before training or working with any others in any fitness capacity, that I will attain a letter of consent from the personal physician of all clients under my care, and that I will continually train and not let my continuing education lapse.”

I take full responsibility for my actions as a fitness professional and will remain in compliance with and laws in my country and/or state and regulations in my fitness facility. I will not hold ISTA responsible for any restrictions or actions imposed upon me by any authority or individual that is not affiliated with ISTA.

Workshop Terms and Conditions.

  1. Your place on the workshop or course shall be reserved on the payment full fee in respect of that workshop or course.
  2. If you are unable to attend the workshop or course on the date applied for, you may be able to attend the workshop or course on an alternative date subject to you having submitted a letter of cancellation and there being an available place on an alternative date.
  3. Refunds are not permitted However if ISTA is given written cancellation you within 14 day prior to the course you will be allowed to reschedule for a future date.
  4. In the event the International Strength Training Association, LLC finds it necessary to change in any way the course or workshop on which you are enrolled (including date, venue, content or price), you will be informed of this as soon as reasonably practicable. ISTA shall not be liable for any resulting loss in respect of any such change.
  5. In the event that ISTA finds it necessary to cancel the course or workshop on which you are enrolled, you will be given as much notice of this as reasonably practicable and will be offered an alternative date for the course or workshop. ISTA shall not be liable for any resulting loss in respect of such cancellation.
  6. ISTA reserves the right to refuse any workshop or course application and shall not be required to inform the applicant of the reason for such refusal. In this event any deposit or full fees paid shall be refunded. In addition, ISTA reserves the right to exclude from any workshop or course any individual who fails to comply with ISTA standard practices and procedures, or any individual with disruptive behavior. In such event, no refund of workshop or course fees (including the deposit) paid by the excluded individual shall be given.
  7. Applications for all workshops and courses that require a pre-requisite qualification must be accompanied by proof that you have such qualification In the event that no such proof is received by ISTA, a place on the workshop or course shall not be reserved for you until such proof has been received.
  8. If any learner has query or grievance, please submit that comment to support by emailing us at info@istacertified.org. We take our learners progress and contentment very seriously and are willing to work fully with any learner that files a query or grievance.

 

Contact Us

ISTA welcomes your questions or comments regarding the Terms: International Strength Training Association LLC Email Address: info@istacertified.org

International Strength Training Association, LLC

2600 South Shore Blvd, Suite 300, League City, TX, 77573

Telephone number:

_________________ Effective as of June 03, 2013