TERMS OF SERVICE FOR ONLINE COURSES
These terms and conditions apply to Services provided by American Aerobics Association International (“AAAI”) and International Sports Medicine Association (“ISMA”) (collectively the “Company”). These terms and conditions include a waiver of liability and are in addition to any other disclaimer and apply to the purchase, use and attendance of any online course and/or taught course which may include academic and experiential components.
For purchases via our website, you agree to be bound by the terms of this agreement. If you do not agree with the terms and conditions of this agreement, you must immediately cease to purchase any services from the Company.
1. Definitions
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation,
the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Company to accompany a course provided as part of the Services in hard copy or electronic form.
“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website, in person, or by telephone.
“Fees” means the fees paid by you to Company for Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Taught Course” means a course taught by us in a classroom setting to which you attend in person or experiential components.
“Website” means aaai-ismafitness.com or any affiliated websites.
“You” means the individual purchasing the Services.
2. Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set forth on the Website.
2.2. We reserve the right to vary, withdraw, or discontinue any of the Services described on the Website or in-person without notice to any party.
2.3. We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity, from your purchase and completion of any of the Services.
3. Liability
3.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of health or medical advice.
3.2. Although Company aims to provide the Services to the highest standards of the industry, neither it, nor its trainers, agents, representatives, and employees accept any liability for (i) any inaccuracy or misleading information provided in the programs or course materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
3.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 4.1 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
3.4. Subject to clause 4.1 below, Company’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.
3.5. No claim may be brought more than thirty days after the last date on which the Services concerned have finished or ceased to be provided by us.
4. Assumption of Risk and Waiver
4.1. Participants acknowledge and understand that Online Courses and Taught Courses include physical activity (the “Activity”) and include inherent risks, hazards, and dangers, that cannot be eliminated or reduced, including the risk of serious bodily injury, including permanent disability, paralysis, and death (collectively “Risks”). These Risks and dangers may be caused by Participant’s own actions, or inactions, the actions or inactions of others participating in the Activity(ies), the rules of the Activity(ies), the condition and lay out of the premises and equipment, or the negligence of the Company
named below: (c) there may be other risks not known to me or that are not readily foreseeable at this time: (d) the social and economic losses and/or damages that could result from those risks could be severe and could permanently change the participation future.
4.2. Participant hereby knowingly, and freely accepts and assumes all such risks, dangers, and hazards known and unknown, and assume all responsibility for the losses, costs, and/or damages following such injury, disability, paralysis, or responsibility for the losses, costs, and/or damages following such injury, disability, paralysis or death, even if caused, in whole or in part, by the negligence of the released parties named below.
4.3. I HEREBY WAIVE, RELEASE, INDEMNIFY, COVENANT NOT TO SUE, AND FOREVER DISCHARGE AAAI/ISMA, its affiliated clubs, their respective administrators, members, officers, directors, representatives, agents, coaches and other employees of the organization, other participants, sponsoring agencies, sponsors, advertisers and owners and leasers of the premises used to conduct the event, or event inspectors, surveyors, underwriters, consultants, and other persons or entities who give recommendations, directions or instruction or engage in risk evaluation or loss control activities regarding the premises or Activity(ies) and each of them, their officers, directors, agents, and employees, (collectively the “Released Parties”) from all liability to the undersigned, his or her representatives, agents, assigns, heirs and the next kin for any and all claims, demands, losses, or damages on account of any injury, including but not limited to death or damage to property caused or alleged to be caused in whole or in part.
5. Intellectual property
5.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of Company or its licensors, whether adapted, written for or customized for the Client or not.
5.2. You are not authorized to:
5.2.1. (i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
5.2.2. record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given;
5.2.3. use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer;
5.2.4. remove any copyright or other notice of Company on the Course Materials;
5.2.5. modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
5.3. Breach by you of this clause 5.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
5.4. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and/or attending the Taught Course.
6. Confidentiality
6.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it.
6.2. This clause shall continue notwithstanding termination of these terms and conditions.
7. Data Protection
7.1. The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services or attending the Online Courses or Taught Courses you agree to this Use.
7.2. When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
7.3. We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications.
7.4. To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
7.5. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
7.6. Our products may link to third party websites, and we are not responsible for their data policies or procedures or their content.
7.7. Company endeavors to take all reasonable steps to protect your personal Data including the use of encryption technology but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
7.8. Company may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.
8. Fees
8.1. The Fees for the Services shall be as set out on the Website, in-person, via telephone or by any other means used by the Company from time to time.
8.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you.
8.3. Except where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.
8.4. Fees for the Service selected by you on the Website or purchased by other means shall be debited from your credit/debit card or other forms of payment processor accepted by Company from time to time, at the time of purchase. Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course.
8.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account; Company shall not be responsible for these.
8.6. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course.
9. Assignment
9.1. Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person. We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
10. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Company reserves the right to amend or change their terms and conditions without prior notice to you.
11. Force Majure
Company shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, pandemics, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
12. Law and Jurisdiction
This Agreement shall be governed and interpreted according to the substantive laws of the State of Pennsylvania without regard to its choice-of-law or conflict-of-law principles. Each Party agrees that a court of competent jurisdiction located in the State of Pennsylvania, County of Fayette shall have exclusive jurisdiction to adjudicate the disputes.
