Policies

Contents:

• Policies
• Returns
• Exam Policies
• Testing and Fees

Policies

Policies and prices are subject to change without prior notice.

The National Exercise & Sports Trainer Association (NESTA) is the parent company of Spencer Institute, MMACA, ITCA, Personal Trainer Magazine and JSE.  All transactions are processed through NESTA and will appear on your credit card statement as NESTA.

PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO PLACING AN ORDER, ENROLLING IN A COURSE OR MEMBERSHIP WITH THE NATIONAL EXERCISE & SPORTS TRAINERS ASSOCIATION (“NESTA”). THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND NESTA. BY CLICKING THE “I AGREE” BUTTON, YOU CERTIFY THAT YOU ARE 18 YEARS OR OLDER, AND/OR YOU HAVE A HIGH SCHOOL DIPLOMA.  AND ORDERING, ENROLLING IN A COURSE OR MEMBERSHIP WITH NESTA EITHER ON THE PHONE OR ONLINE, 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” AND DO NOT COMPLETE OR PLACE THE ORDER.

UPON ORDER COMPLETION THE STUDENT IS AUTHORIZING NESTA THE RIGHT TO DISCLOSE STUDENT CERTIFICATION STATUS FOR VERIFICATION PURPOSES ONLY. NESTA MAY COMMUNICATE VIA EMAIL OR TEXT TO INFORM STUDENTS OF PROGRAM CHANGES, PROMOTIONS OR OTHER STUDENT RELATED INFORMATION.  IF YOU DO NOT AGREE WITH THIS POLICY YOU MUST SUBMIT IN WRITING TO NESTA AND OPT-OUT OF THIS POLICY.

DISCLAIMER: THE PERFORMANCE EXPERIENCED BY THE USER COMMENTS AND TESTIMONIALS ON THIS PAGE AND/OR OUR WEBSITE IS NOT WHAT YOU SHOULD EXPECT TO EXPERIENCE. COMPANY HAS NOT INVESTIGATED OR SUBSTANTIATED ANY OF THE USER COMMENTS OR CLAIMS. SOME OF THE USERS MAY, IN SOME CASES, BEEN INCENTIVIZED TO SUBMIT THEIR COMMENTS, AND COMPANY HAS NOT VERIFIED THE FIGURES QUOTED IN THEM.

Email: When you sign up for our gifts, training and/or newsletter by providing your email address, you will receive periodic email updated from our company. Most often, these emails provide free education and helpful resources to grow your career.  In some cases, you will be offered special promotions. You can quickly unsubscribe from our email list by clicking the unsubscribe button at the bottom of any email.

All Online Learning Program Terms

Upon creating an account and/or logging in to any online program(s) or accessing and downloading any digital product(s) the user has read and agreed to the policies as listed on this page.

If you do not agree to our terms, do not complete the online learning portal registration and contact our Customer Service Department within 24 hours of placing an order.

After 24 hours of ordering, no refunds, cancellations or exchanges will be granted upon creating an account, completing the registration process or upon accessing or completing an exam. No exceptions will be made.

Payment Plans
The cardholder will be automatically billed every 30 days from the purchase date until payment in full is received (refer to the program for payment plan specifics). These payments are non-refundable and non-transferable. If the cardholder should default or cancel, access to the program will be terminated and any monies paid will not be refunded.  Exam access is held until payment in full is received.

Digital Download and Online Access Usage Terms

All registrations and logins are validated by original registrant’s IP Address and are recorded each time for validation purposes.   If the registered student shares their login information, the original registrant will immediately lose all privileges and access to the online learning portal and course(s).  No refund will be issued if the original registrant fails to comply with these terms.

Testing and Fees Policy

All exam fees are non-refundable.  If an exam has been issued and taken, no refund will be issued. To review the policies, click on the “Testing” and “Fees” tab located at the top of this page. A $25 administrative fee applies to students who have not attempted a course exam upon receiving a refund or store credit.

Certificate Delivery

Upon successfully passing an exam, certificates are validate and submitted to our Certification Department for processing.  All certificates are mailed First Class Mail within 2-3 weeks of validating resutls.  We do not use tracking or confirm delivery.

We are not responsible for postal delays or non-delivery of your certificate once it leaves the United States Postal Service.

If you would like to pay for an alternative delivery method or for tracking services (recommended), please contact our Customer Service Department at [email protected] and request a quote as soon as possible.

Online Formatted Programs and/or Digital Downloads Policy

Upon creating an account in our online learning portals and/or logging in to any online program(s), membership or services or accessing and downloading any digital product(s) the user has read and agreed to the policies as provided prior placing the order. No refunds, cancellations or exchanges will be granted, no exceptions will be made.

• Online delivery, digital and downloadable programs, online formatted materials are all non-refundable
• Personal Fitness Trainer proctored exam attempts are non-refundable.
• Exam fees are non-refundable.
• A $25 administrative fee applies to students who have not attempted a course exam upon receiving a refund or store credit.
• Membership subscriptions (IMPACT, TACTIX, Matrix Mind, The Client Grabber and Fitness Fortunes) are non-refundable
• IMPACT Method and TACTIX programs are non-refundable
• Shipping, exam and administrative fees are non-refundable
• Apprentice programs or specialty services provided by John Spencer Ellis Enterprises are non-refundable.
• Polar Watches are non-refundable whether purchased separately or in a bundled program

Mixed Martial Arts Conditioning Coach Program Agreement and Terms

Please read the terms and agreement for the MMA-CA prior to completing your order. If you agree to the terms at the time of ordering, you are agreeing to the terms as presented here: http://mixedmartialartsconditioningassociation.com/policies/. Once the online program is accessed, there are no refunds. Initial program cost and all monthly fees are non-refundable.

IMPACT Method Program Agreement and Terms

Please read the terms and agreement for the IMPACT Method prior to completing your order. If you agree to the terms at the time of ordering, you are agreeing to the terms as presented here: http://www.impactmethod.com/policies-legal.html. Once the order is shipped, there are no refunds. Initial program cost and all monthly fees are non-refundable. If you continue with Fitness Fortunes coaching beyond 2 months, it’s then $57/month. No obligation. Cancel any time. No questions asked. You get to continue using all the IMPACT materials even if you cancel Fitness Fortunes.

TACTIX Method Program Agreement and Terms

Please read the terms and agreement for the TACTIX Method prior to completing your order. If you agree to the terms at the time of ordering, you are agreeing to the terms as presented here: http://www.tactixmethod.com/policies-legal.html. Once the online program is accessed, there are no refunds. Initial program.

NESTA Fit Files

All policies, procedures and privacy information for NESTA Fit Files is located here. Credit card statement will appear as Fitness Business Ninja.

The Compass Guide to Wealth Creation & Ultimate Life Coach Business Book

When you request either of these free products, you will receive educational and promotional emails from Topher Morrison, Inc and John Spencer Ellis Enterprises, Inc.

Polar Manufacturer’s Warranty

The original purchaser of this heart rate monitor is backed by a limited warranty that states that this product that the product will be free from defects in material or workmanship for two years from the date of purchase.

Note: Polar heart rate monitors are precision instruments; consumers are not advised to change their own battery. Polar recommends that all service be done by an authorized Polar Service Center which will include a warranty for 90 days on repairs and 6 months for batteries.

Payment Methods

All courses must be prepaid in full prior to shipment. No personal checks, wire transfers, or C.O.D’s are accepted. We do accept money orders and bank checks. We accept MasterCard, Visa, Debit Cards, Discover, American Express & Company Checks. If using PayPal, please review our return policy prior to purchase. Purchase orders over $1000 are accepted. Please contact Administration Department for the submission process.

Shop online with confidence with the American Express® Card! When you use the Card for online purchases, our Online Fraud Protection Guarantee means you will not be held responsible for any unauthorized charges.

A $25 administrative fee applies to students who have attempted a course exam upon receiving a refund or store credit.

Ordering

You may order secure online 24 hours a day! You will receive all the material and benefits shown for that program when you place your order. Program materials will be sent after check has cleared. Credit card orders will be processed immediately. Any fraudulent use of a credit card is punishable to the fullest extent of the law.

Discounts or Sale Pricing Offers

Offers given after a program has been purchased will not be adjusted. Pricing is “as listed” at the time of purchase. No credits or adjustments will be issued after a program is purchased. Pricing is subject to change without any prior notice.

Exchanges

There are no exchanges on any programs.

Limitations

• Gift Certificates cannot be used to purchase other gift certificates.
• Gift Certificates cannot be resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Unused Gift Certificate balances may not be transferred or redeemable in cash.
• Gift Certificate recipients will have up to five years from the Gift Certificate issued date to redeem towards the purchase of eligible programs on www.nestacertified.com.

Risk of Loss
The risk of loss and title for NESTA Gift Certificates pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. We are not responsible if an NESTA Gift Certificate is lost, stolen, destroyed or used without your permission.

Fraud
NESTA will have the right to close student accounts and bill alternative forms of payment if a fraudulently obtained Gift Certificate is redeemed and/or used to make purchases on www.nestacertified.com

Administration Fees

If a student requires additional documentation from NESTA (copy of certification, verification of certification, transcripts, billing adjustments, etc.) the student will be responsible to pay $25 for additional assistance outside of the normal customer support assistance.

Student Privacy Policy – Affects NESTA Graduates Prior to Jan. 1, 2011

NESTA will not discuss a student’s account with anyone other than the student, unless the student provides permission in writing. Students can opt-out of this policy and sign a consent form to release information to any interested 3rd party.

NESTA will NOT release the following information to any 3rd party:

* Student contact information (email, address, phone number, etc.)

* Exam scores

* Certification Verification

* Payment information

* Student history

Download and print “Consent to Disclose Records” form. Please fill out and sign the form and fax to 949-589-8216.

Periodically, we will distribute an email or direct mail to let you know about events, new programs, and special announcements.

Disputing Scores

You have up to three weeks after you return your distance learning course material for grading to dispute any portion. After that point, all grades are final.

Graduates

We cannot guarantee employment at any particular facility after course completion. Look where some of our graduates are working now.

NESTA-PFT Verification Tool

This feature allows interested parties, including the general public, to look up and verify an NESTA-PFT Certified Personal Trainer credential. Please click here to access the NESTA- PFT verification tool.

For all other certification verifications, please contact our customer service department. Please note our Student Privacy Policy. If the student is not a NESTA-PFT graduate, and/or graduated prior to Jan, 1, 2011 we must receive written approval from the student before NESTA can release any information. NESTA will be notifying past graduates and asking our graduates to participate in authorizing NESTA to release certification information to the public.

NESTA Job Board

NESTA does not guarantee job placement for anyone using its job board; guarantee that an employer will fill the vacancy by advertising on the job board; guarantee the validity of any job vacancy submitted; perform background checks on job applicants or employers; assume any responsibility for wages, benefits, safety, working conditions, or any other aspect of employment.

Mission Statement, Philosophy & Code of Ethics

Limitation of Liability

Under no circumstances shall NESTA be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of the information provided in our business development programs, educational products, or consulting services.

For purposes of this section, NESTA shall include the National Exercise & Sports Trainers Association, and its divisions, subsidiaries, successors, parent companies, and their employees, contractors, partners, principals, agents, and representatives, and any third-party providers or sources of information or data.

When you order any NESTA (or NESTA affiliate) educational or business program, you accept and agree to adhere to the NESTA Code of Ethics. You hereby certify that the information given to NESTA is true, complete and correct. You further understand if any of this information is later determined to be false, NESTA reserves the right to revoke any certification (or certificate) that has been granted on the basis hereof. You further understand that NESTA certification does not certify or in any way guarantee the quality of your work as an NESTA-certified professional. You therefore agree to indemnify and hold harmless NESTA, its officers, directors and staff from any claims due to negligence, omission or faulty advice that I may give to clients as a NESTA-certified professional. I understand that NESTA is not responsible for any actions or damages from any person arising out of my work as an NESTA-certified professional.

EARNINGS DISCLAIMER

ANY EARNINGS OR INCOME STATEMENTS, OR EARNINGS OR INCOME EXAMPLES, ARE ONLY ESTIMATES OF WHAT WE THINK YOU COULD EARN. THERE IS NO ASSURANCE YOU’LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL. WHERE SPECIFIC INCOME FIGURES ARE USED, AND ATTRIBUTED TO AN INDIVIDUAL OR BUSINESS, THOSE PERSONS OR BUSINESSES HAVE EARNED THAT AMOUNT. THERE IS NO ASSURANCE YOU’LL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL. ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO INCOME EARNINGS ON THIS WEB SITE, ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS. THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INCOME EARNINGS, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS. MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. WE HAVE NO WAY OF KNOWING HOW WELL YOU WILL DO, AS WE DO NOT KNOW YOU, YOUR BACKGROUND, YOUR WORK ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES. THEREFORE WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL GET RICH, THAT YOU WILL DO AS WELL, OR MAKE ANY MONEY AT ALL. THERE IS NO ASSURANCE YOU WILL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL. INTERNET BUSINESSES AND EARNINGS DERIVED THERE FROM, HAVE UNKNOWN RISKS INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR PRODUCTS, SERVICES, OR WEB SITE, SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, OR MAKE NO MONEY AT ALL. ALL PRODUCTS AND SERVICES BY OUR COMPANY ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF QUALIFIED PROFESSIONALS. CHECK WITH YOUR ACCOUNTANT, LAWYER OR PROFESSIONAL ADVISOR, BEFORE ACTING ON THIS OR ANY INFORMATION. USERS OF OUR PRODUCTS, SERVICES AND WEB SITE ARE ADVISED TO DO THEIR OWN DUE DILIGENCE WHEN IT COMES TO MAKING BUSINESS DECISIONS AND ALL INFORMATION, PRODUCTS, AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN QUALIFIED PROFESSIONALS. OUR INFORMATION, PRODUCTS, AND SERVICES ON THIS WEB SITE SHOULD BE CAREFULLY CONSIDERED AND EVALUATED, BEFORE REACHING A BUSINESS DECISION, ON WHETHER TO RELY ON THEM. YOU AGREE THAT OUR COMPANY IS NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR BUSINESS DECISIONS RELATING TO ANY INFORMATION PRESENTED BY OUR COMPANY, OR OUR COMPANY PRODUCTS OR SERVICES.

If you do not understand our policies, please contact us prior to ordering. Pricing is subject to change without any prior notice.

Lost or Stolen Materials
NESTA is not responsible or required by law to replace any lost or stolen materials once an order has left our facility. We are not responsible to provide or give access to any of our online programs if the student purchased a CD/DVD format.

Discontinued Programs

NESTA cannot replace programs that are no longer in production or have been discontinued.  The certificate will continued to be honored but cannot be replaced if the certificate is lost or stolen.

Program Transfers
Students may transfer a purchased educational program to another person as long has the exam has not been completed and/or the student has NOT received a certificate. All program transfers must be submitted in writing to NESTA, along with the new students name and contact information and signature from the student who originally purchased the program. Transfers will not be acknowledged or accepted without prior written notice. Please send your request by mail, attention: NESTA Customer Service Dept., 31441 Santa Margarita Pkwy A-365, Rancho Santa Margarita, CA 92688.

If you do not understand or do not agree with our policies, please contact us prior to ordering. Pricing is subject to change without any prior notice.

Exam Retest, Extensions and Administrative Fees

To be directed to the appropriate program fees, please click on one of the following options:

• Personal Fitness Trainer Proctored Exam Fees
• All Other Program Retest Exam Fees
• Requests for certificate replacements and transcripts fees

Personal Fitness Trainer Exam Fees

Attention PFT Students: The 30 day waiting period is to ensure basic level competency through knowledge learned.

Non-Proctored Exams (Written or Online)

Grading

Grading takes place once per week, in the order received. Exam results are graded in the order received and may take up to five weeks or less to grade. Students will be notified of their results by email only and if they meet the passing requirements will receive a certificate in the mail by the 4th or 5th week.

Retest Fees

Students who did not meet the exam passing requirements after the second attempt may retake the exam again. There is a $95 retesting fee associated with each program. The student will be responsible to pay a $95 retesting fee and will receive two additional attempts at the non-proctored exam. Exam and retest fees are non-refundable.

To pay for a retest fee, scroll down.

All Other Program Exam Retest Fees

Administrative Fees

If you have lost, damaged your certificate, administrative exam fees,  need an additional certificate, need expedited certificate mailing services, billing processing fee or require expediting PFT eligibility ID assignment, please select the option below.

Price: $25

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