I just have to agree with this report. No Rebuttal Needed

NY Times writer, David Segal, recently reported an incident in which consumer advocate, Ralph Nader, received from US Airways--against obnoxious terms and conditions--sizable refunds of a cancalled air flight tickets and cancellation costs.



And about those supposedly sacrosanct contract terms&conditions Segal wrote this telling statement:



"The point is that just because the airline has a policy that it has turned into fine print doesnt mean that its fair, or that you cant object to it. If you object loudly enough, and in the proper places, you might even change the fine print."



So the "fine print" can be: UN-fair, OB-jected to and even CHANGED to reflect FAIR&ETHICAL BUSINESS PRACTICES--and not just fee-GOUGING of unsuspecting consumers!



Got that now?  GOOD!

You're sorry, DUDE, I get it, but you can't excuse and explain away outright SHYSTERISM so simply and get away with it!

It's the typical trick of internet SHYSTERS, isn't it: BURY the most obnoxious provisions in the minute fine print of "terms&conditions," which realistically consumers rarely read in their entirely.

But if you have the "patients"(sic)to read and comprehend this, just try: A REPUTABLE internet business posts its more obnoxious provisions--especially those dealing with MONETARY "terms and conditions"--PROMIMENTLY IN PROMINENT PLACES!  They're only concealed by SKULKING shysters deliberately and maliciously intending to RIP OFF unsuspecting consumers.  

That's why NASM's THE lame-assest, piss-poorest of fitness trainer certifications--and I've earned all the majors, including ACE, ISSA, NCSF, NFPT, etc.--and that's why I inform anyone and everyone in the fitness industry I encounter to avoid NASM like the proverbial plague!

So, DUDE, before you even THINK ABOUT trying to make equally lame-a*s excuses for SHYSTERISM then you just might try "reading" up yourself on what's known as FAIR&ETHICAL BUSINESS PRACTICES, which include--quite coincidentally--making obnoxious "terms&conditions" more readily PROMINENT for consumer consideration.

Only SHYSTERS like NASM HIDE those deeply buried in the minutest of fine print.  SAVVY, DUDE?!

GOOD!

This rightful warning to any and all would-be NASM victims STANDS AS READ.

A link to the following is located on EVERY SINGLE PAGE of their website as well and a box to check, prior to checking out and paying, that says "by checking this box you agree to the Terms and Condition". You can not check out without checking this box. If you ordered over the phone I hope you have an hour for them to read this to you. I doubt you had the patients if they tried.

Sorry dude, but you might want to actually read the terms before purchasing anything from anyone online.

Terms & Conditions

PLEASE READ THIS AGREEMENT (Agreement) CAREFULLY PRIOR TO PLACING AN ORDER, ENROLLING IN AN EXAMINATION, COURSE OR MEMBERSHIP WITH THE NATIONAL ACADEMY OF SPORTS MEDICINE (NASM).  THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND NASM.  BY CLICKING THE I ACCEPT BUTTON, OR BY ORDERING, ENROLLING IN AN EXAMINATION, COURSE OR MEMBERSHIP WITH NASM 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/OR PROMPTLY RETURN THE NEW, UNUSED AND UNOPENED MATERIALS TO NASM FOR A REFUND PURSUANT TO THE TERMS OF THIS AGREEMENT.

General
By enrolling in an examination, course, or membership with the National Academy of Sports Medicine you are legally bound to the following terms and conditions. Prices, terms and offerings on www.nasm.org are subject to change at any time without notice.

Materials
Materials means all products and services offered by NASM and provided pursuant to this Agreement.

Intellectual Property
You acknowledge that the Materials are protected by copyrights, trademarks, service marks and other proprietary rights that are owned by NASM or by third parties that have licensed their use to NASM. You agree to abide by all copyright notices and restrictions contained on www.nasm.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. 

No Resale
Materials are not provided for redistribution or resale under this agreement.

Registration
NASM recommends that candidates enroll at least 60 days prior to an anticipated examination date to allow time for shipping of materials, adequate preparation time, and assurance of registration in a workshop (if applicable).  All enrollments, including enrollments from bulk purchases, are nontransferable. 

Eligibility
Candidates must be at least 18 years of age to participate in any NASM course or examination. NASM Certified Personal Trainer (NASM-CPT) candidates must show proof of current CPR and AED certification and photo identification to the PSI/LaserGrade testing facility before taking the exam.  NASM-CPT candidates are not required to purchase, enroll or participate in any NASM educational offering and may register solely for the NASM-CPT examination. Please see the NASM-CPT Certification Handbook for more information.

NASM Performance Enhancement Specialist (PES) and NASM Corrective Exercise Specialist (CES) candidates must hold either a bachelors degree in a health and fitness field or have a current NASM-CPT certification.  Candidates may also petition for eligibility with a bachelors degree in a field other than health and fitness if they have extensive health and fitness industry experience.  Exam enrollments and any applicable extension fees must be paid in full before candidates are eligible to take an exam.

NASM-BOC Code of Professional Conduct
All certified and non-certified professionals agree to adhere to the standards outlined in the NASM-BOC Code of Professional Conduct, which is available at: http://www.nasm.org/boc/.The NASM-BOC may revoke or otherwise take action with regard to the certification or application of an individual who is in violation of the NASM-BOC Code of Professional Conduct.

Payment
NASM accepts payment in the form of personal or business checks, cash, money order, Visa, MasterCard and American Express or purchase order (prior approval required). The accepted methods of payment may be changed by NASM at any time in its sole discretion. For International orders, the only accepted forms of payment are by Visa, MasterCard or American Express. 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. A two payment option is available for full price bulk purchases of the CPT, PES and/or CES.  A minimum of 4 course purchases is required and discounts do not apply when using the two payment option.  A 10% finance charge applies to these orders.  When paying by installment (not available for all courses), all non refundable shipping, handling, installment fees and finance charges will be included in the first payment. Subsequent charges will be processed approximately every 30 days following original purchase until payment has been made in full. NASM is not responsible for any bank fees that may accrue (i.e. insufficient charge fees).  Any balances outstanding after 60 days may be referred to a collection agency.  In the event that your second and or third installment payments decline, your credit card will be charged daily until payment is successful.  If you are delinquent on your second payment, NASM reserves the right to make both your second and third payments due immediately.  NASM has the right to reject any order and/or to limit quantities on any order, for any reason at its sole discretion.

Returns, Refunds, Exchanges
NASM has a 15 day return policy on products and courses*.  Members must contact NASMs Member Services department within 15 days of purchase for approval of all returns.  The 15 day return policy is calculated from the date of purchase. 

• All shipping, handling, finance and installment fees are non-refundable. 
• A 10% restocking fee will be charged on all returns (restocking fee also includes online products and courses).   
• Exam extensions and retests are non-refundable.
• Bulk orders will only be refunded if the entire order is returned.
• Individual items purchased as part of a package or course is not eligible for refund.
• Products and courses purchased by installment need to be returned within 15 days of purchase.  
  After 15 days, the sale is final and scheduled installment charges will continue. 
• All sales are final after 15 days.
• All enrollments are non-transferable.

*If an exam attempt has been made on a course, the entire course is non-refundable.

After initial purchase, corporate discounts will only be honored within 15 days of purchase with proof of employment provided on purchase date.  Sales promotions and discounts are not stackable.   

NASM will not refund any amounts for materials, workshops, exams or retests returned after 15 days from the date of purchase. 

Exchanges are subject to prevailing price differences and are allowed within 15 days of purchase.  If a member enrolls for a revised edition of a course, NO return or refund will be offered for the discontinued course.  Defective products are eligible for exchange within 15 days of purchase.

Certifications
Certification is available for the NASM-Certified Personal Trainer (NASM-CPT) 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 NASM Recertification Application, 2.0 approved Continuing Education Units (CEUs), including CPR/AED certification (worth 0.1 CEU) , and the prevailing recertification fee. Certification for the NASM-CPT will be awarded upon successful completion (scaled score of 70) of the examination taken at a PSI / LaserGrade facility. The examination must be scheduled and completed within 120 days of the original examination purchase date, unless an examination extension has been purchased. The first two extensions provide 90 additional days within which to take the exam. The third and final extension provides 65 additional days. If the exam has not been taken within one year of the original enrollment date, the candidate will need to re-enroll and pay the current fees.

Exam Cancelations or Rescheduling
To reschedule or cancel the NASM-Certified Personal Trainer (NASM-CPT) examination, candidates must call NASMs examination provider, PSI / LaserGrade at 1-800-211-2754 directly.  A fee will be charged to candidates who cancel or reschedule an exam with less than 24 hours notice.  A fee will be charged to candidates who do not show for a scheduled exam. NASM is not liable for testing site closures and/or additional expenses (e.g. travel) that may be incurred by the candidate during the course of the examination process.  Please report site closures to the NASM Board of Certification (1-800-460-6276) for assistance.

NASM-CPT Retest Policy
NASM-CPT candidates who do not successfully pass their examination may purchase a retest within two years of their original enrollment date (purchase date). Candidates may purchase multiple retests but are required to complete the examination successfully within two years from their original enrollment date provided that the original version of the examination is currently available. If the original version is not available, NASM will discuss course upgrade options with the candidate. Candidates must wait at least four business days after any failed exam attempt(s) to purchase a retest. After purchasing a retest, candidates must wait at least two business days before calling LaserGrade at 1-800-211-2754 to schedule their exam. Candidates who do not purchase and complete a retest successfully within the two year timeframe will be required to re-enroll for the examination.

Advanced Specializations
Advanced credentials are available for the NASM Performance Enhancement Specialist (PES) and NASM Corrective Exercise Specialist (CES) designations.  The exam must be completed within 120 days of the original purchase date, unless an exam extension has been purchased.  The first two extensions provide 90 additional days within which to take the exam.  The third and final extension provides 65 additional days.  If the exam has not been taken within one year of the original enrollment date, the candidate will need to re-enroll and pay the current fees.  Advanced Specializations do not expire and do not require renewal.

Advanced Specialization Retest Policy
Candidates who do not successfully pass the PES or CES exams may purchase a package of three additional online exams for within one year of original enrollment.  Successful completion of both the PES and CES examinations must be obtained within two years of their original enrollment date (purchase date).  Candidates who do not purchase and complete a retest successfully within the two year timeframe will be required to
re-enroll for the examination.

Workshops
The purpose of a workshop is to provide participants with a live, practical application of the subject matter. Participation in a workshop does not guarantee improved performance on the exam.

• Participants are responsible for scheduling their own workshop within the NASM eLearning Center at least one week prior to the workshop.
• Participants are allowed to select which workshop they would like to attend within the NASM eLearning Center provided that the course they purchased the workshop under is currently available.
• Participants may cancel their workshop within one week of the workshop for the current transfer fee.  Contact NASM Member Services (800-460-6276) for more information.
• Failure to attend a workshop will result in the forfeiture of the cost of the workshop.  A replacement workshop will be charged at full price.
• Only those participants who are enrolled in a workshop through the NASM eLearning Center may
  attend the workshop.
• Continuing Education Credits (CEUs) will only be awarded to participants for attending the entire workshop. Attendees must be currently certified to be awarded workshop CEUs.
• Workshop days must be taken concurrently and no refunds or CEUs will be awarded for incomplete attendance.

Recertification
The NASM-CPT certification must be recertified every two years. 2.0 CEUs from an NASM-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 NASM-Board of Certification up to one year after the expiration date, provided that the candidate is ADULT CPR/AED certified, has completed 2.0 CEUs before the certification expiration date or within 90 days of the expiration date, and have paid a current late fee and the current recertification fee.

Specific requirements are as follows:

1. Complete the NASM Recertification Application.
2. Include documentation of 1.9 continuing education units from an NASM-approved provider. 
3. Include a copy of the front and back of your ADULT CPR/AED certification from an approved ADULT CPR/AED provider.  This will count for .1 CEUs.
4. Include the then current recertification fee.
5. Include any late fees, if applicable.
6. Mail all items prior to your certification expiration date to the NASM Board of Certification (NASM-BOC).

Continuing Education and Other Courses
All continuing education courses, other course offerings and products offered by NASM are subject to these Terms and Conditions.

Promotions and Discounts
Corporate pricing and bulk enrollment discounts are available.  Please contact a Sales Associate at 1-800-460-6276 for more details.  Discounts, promotions and credits may not be combined with other offers. Additional restrictions may apply.

Fitness Education Partnerships
Customized education packages are available for health clubs and universities that meet certain criteria. Pricing is based on volume and level of commitment. Please contact a Sales Associate at 1-800-460-6276 for more details.

Shipping
In-stock items normally ship in 2 business days for orders placed before 12 noon PST, Monday through Friday, excluding holidays.  Access to online courses may take 2 business days to process.

International Shipping
International orders must be paid for by credit card or wire transfer.  Due to the variance of international shipping rates, we will add the exact shipping charge to your purchase order.  If shipping charges exceed $100, the purchaser will be contacted for approval.

Special Exam Accommodations
Special exam accommodations can be made for students with disabilities that prevent them from taking the NASM-CPT 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.  NASM reserves the right to determine the reasonableness of the accommodation requested. Requests must be mailed to the NASM-BOC at least 30 days prior to the examination date.  All NASM-CPT exams must be taken at PSI / LaserGrade.

Confidentiality Policy
Except as permitted by this Agreement and the NASM privacy policy, no member of the NASM Board of Certification, NASM faculty, NASM employees, committees or panels shall divulge confidential examination candidate or certified member information without express written consent from those individuals.  All member inquiries will be conducted only with enrolled candidates other than as allowed by NASMs privacy policy or the candidates opt-in elections and currently certified members. Certified member information and confidential information consists of your application status, your raw certification examination scores, your phone number(s), your email address(es), and your residential address(es). You acknowledge and agree that your certification status is not confidential information and that NASM may disclose your current certification status, including expiration dates, to third parties.   Exam questions and content are not available for review.  NASM will not discuss exam questions or content with the candidate or any third party.

Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NASM 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 NASM HEREUNDER, OR NASMS PERFORMANCE UNDER THIS AGREEMENT, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY NASMS SOLE NEGLIGENCE IN AN AMOUNT NOT TO EXCEED (i) THE GREATER OF US$100, or (ii) THE PRICE PAID BY YOU TO NASM FOR THE SPECIFIC SERVICE OR MATERIAL FROM WHICH SUCH CLAIM ARISES.

Trademarks
NASMs logos, trademarks, and servicemarks (Marks) are owned by NASM.  You may not use the Marks without the prior written approval of NASM.

Miscellaneous
The candidates access to online course materials will expire three years from their enrollment date (provided the version of the enrolled Materials is still available). 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 NASM.