These terms and conditions are for https://strongcertified.talentlms.com (“Site(s)”), which is operated by Strong Education LLC (the “Company”).
PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND THE COMPANY, AND GOVERNS YOUR ACCESS TO AND USE OF THIS WEBSITE AND THE PRODUCTS, SERVICES, MATERIALS, COURSES, AND ASSESSMENT (REFERRED TO HEREIN AS “PRODUCTS AND/OR SERVICES”) OFFERED ON THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE OR BY ORDERING THE PRODUCTS AND SERVICES OFFERED HERE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. GETTING STARTED
By purchasing any Products or Services or registering for an account, examination, course, or membership with or through this Site, you are legally bound to the following terms and conditions. Prices, terms, and offerings on the Sites are subject to change at any time without notice.
2. ELIGIBILITY
2.1 Education & CPR/AED
You must possess a high school diploma or the equivalent diploma, such as the General Education Development (GED) test, and you must obtain and maintain Adult CPR and AED certifications from an approved CPR/AED provider, such as the American Red Cross, American Heart Association, the Emergency Care & Safety Institution. All CPR/AED courses must have a hands-on training component.
2.2 Other Eligible Professionals
The following are a list of other professionals who are eligible to use our certifications (Must have a current license and be in good standing)
Personal Trainers (must be NCCA accredited)
Physical Education Teachers
Adapted Physical Education Teachers
Special Education Teachers
Physical Therapists
Occupational Therapists
Recreational Therapists
Behavior Therapists
PTA’s
Nurses
3. PURCHASING OPTIONS; PAYMENTS
3.1 Payment Options
The Company accepts the following credit and debit card types: American Express, Discover Card, Visa, and MasterCard. Additional forms of payment with business checks, cashier’s checks or money order are accepted for paid in full non-installment orders and orders placed within the United States. For orders placed from outside the United States and when paying by installments (not available for all Products and Services), the only accepted forms of payment are by credit card or debit card. If for any reason payment is incomplete or untimely (returned check, declined credit card, etc.), your account will be placed on hold and you (or, if you are a fitness or educational partner, your students or employees) will be unable to access or complete any online material, quizzes or exams until full payment of the then due amount, plus any fees, is received, processed and approved. The Company has the right to reject any order and/or to limit quantities on any order, for any reason at its sole discretion.
3.2 Installment Plans
The Company reserves the right to change the provider of the Installment Plan at any time and at the Company's sole discretion. Currently, the company uses Partial.ly for Installment Plans.
Partial.ly Installment Plan Terms: You must acknowledge and accept the terms of Partial.ly. In addition to all of the Terms and Conditions set forth in this document, if you select the Partial.ly Installment Plan, the following terms apply:
In order to enter into and maintain an installment plan, a valid form of payment must be provided to the Company and, should the payment form subsequently be canceled, you must immediately provide another valid form of payment to the Company. Cancellation of a payment form does not excuse you from your obligations under this plan. Nonpayment will jeopardize your access to Company products and services, your certification status and your ability to recertify.
In order to enter into the Partial.ly Installment Plan, you will acknowledge that (i) you affirmatively authorize the Company to charge the initial transaction and three subsequent transactions the debit/credit card you; (ii) you will hold the Company harmless with respect to the authorization to charge your debit/credit card for these transactions; (iii) you were informed about the transaction split and you will not claim any transaction back made by Special Education LLC for the authorized amount; and (iv) you read this Terms and Conditions document, including these Installment Plan terms and, the Refund Policy below, and you agree to all of the Terms and Conditions herein.
By selecting the Partial.ly Installment Plan, you agree that you are liable to the Company for payment of all amounts due under the plan and you promise to pay us the amount financed, plus other fees and charges, in the time, manner, and amounts due. You also authorize us to charge the initial payment and each subsequent payment to the credit/debit card you provide and that at all times you will ensure that a valid form of payment is made available to the Company. You may prepay the amount owed on the plan in full or in part at any time, without penalty. You agree that the Company is not liable to you for any reason related to the fees or charges your financial institution may assess in connection with any plan payments that are made or attempted to be made (such as over limit fees, non-sufficient funds fees, or returned payment fees).
Except to the extent restricted by applicable law, the Company may declare your plan to be in default if: (a) we are unable to process a payment when due and you do not then make the full amount of such payment within five (5) business days of the scheduled due date; or (b) any event occurs that, in our reasonable judgment, significantly impairs the prospect of performance of your payment obligations. If we determine an event of default has occurred, we may, immediately and without advance notice, suspend or terminate your ability to have continued or future access to the Products and Services, to revoke your certification, if any, and refuse to recertify you. We also reserve the right, after we provide any notice and wait any time period required by law, to refer your account for collection by a third-party collection agency, report your nonpayment to credit bureaus, initiate actions to collect all amounts owed, and/or exercise any other remedies available under law. Our rights and remedies under the Contract are cumulative.
3.3 Refund Policy
Because of the nature of services—which are digitally delivered and non-tangible goods—we cannot offer refunds or chargebacks for purchases.
4. PROFESSIONAL CONDUCT
4.1 Guidelines
Each person who holds a certification issued by the Company must:
Use the golden rule: treat each client with the utmost love and respect;
Provide optimal professional service within their scope of practice and demonstrate excellent client care in their practice;
Practice with honesty, integrity, and lawfulness, obeying all local, state, federal and provincial laws, regulations and professional rules;
Conduct themselves in a manner that is worthy of the respect of the public and other colleagues;
Respect the confidentiality of all client information;
Respect and uphold all copyright, trademark and intellectual property rights and laws.
4.2 Conduct Violations
The Company reserves the right to discipline a credential holder who engages in illegal, threatening or unprofessional behavior in violation of the conduct rules above. The Company also reserves the right to discipline a credentialed person who is convicted of or who pleads guilty or nolo contendere (no contest) to a felony or misdemeanor or who is found through legal process to have been negligent or responsible for injury or harm in performing his/her credentialed role or has misrepresented his/her qualifications to provide services, including opinions or advice, to the public. Discipline may include revoking the credential, reporting unprofessional conduct to concerned third parties, including employers, school, inquiring consumers of the credentialed person’s services, or any regulatory, licensing body or law enforcement.
5. CONFIDENTIALITY
You acknowledge and agree that your certification status is not confidential information and that the Company may disclose your current certification status, including expiration dates, to third parties.
6. NONDISCRIMINATION POLICY
Special Education LLC does not discriminate against any individual because of age, disability, gender, national origin, race, religion, sexual orientation, veteran status or any other protected class. Special Education LLC endorse and adhere to the principles of equal opportunity.
7. LICENSE
Products and services made available to you by the Company are licensed by Strong IP Holdings LLC (see 8. INTELLECTUAL PROPERTY) , and not sold, to you, subject to the terms of this Agreement and your timely payment of any fees due and payable by you to the Company. Your license to use Company’s products and services is subject to your prior acceptance of this Agreement and you agree that these terms will apply to each Company’s product and service, including any updates or enhancements thereto.
8. TERMS OF USE
You are not authorized to assign or transfer this license or your access code, username, or password to any other person or entity. Other than using this license to offer adaptive services, the Company grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works or translations of or based on the Company’s copyrighted materials (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the Company’s products and services). You agree to use the Company’s products and services only as permitted under this Agreement and any terms delivered with the Company’s products and services. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your license to use the Company’s products and services. If the Company reasonably suspects that you have violated this Agreement, or if you have not paid the fees that are due and payable by you to the Company, then, without notice to you, the Company may terminate this Agreement, the license, and your Account and deny you further access to the Company’s products and services. Upon termination of this license, you shall cease all use of the Company’s products and services and remain liable for paying all amounts that may be due and payable by you to the Company. The Company reserves the right to modify, suspend, remove, or disable access to any Company products or services at any time without notice and in no event will the Company be liable for making any such changes.
9. INTELLECTUAL PROPERTY
9.1 Copyright
You understand and agree that the Company’s products and services constitute intellectual property and proprietary material that is owned by the Company and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by the Company.
9.2 Property Rights
You agree to abide by all copyright notices and restrictions contained on this or any website of the Company, on the Company’s products and services and in accordance with this Agreement. You may not copy, distribute, enter into a database, display, perform, create derivative works, translate, or transmit any content contained in the Company’s products or services, except that you may download one copy of any Company materials accessible online so long as you comply with the terms of this Agreement. All Company products and services 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 Company’s products or services. All rights are reserved.
9.3 Mark Use
Once you are certified, you can call yourself a Certified Adaptive Fitness Specialist. You may list your Strong Education qualifications on a business card, resume, or website About/Qualifications page.
The certifying agency is Strong Education. Qualifications obtained through Strong Education should be listed in the following manner:
[Strong Education - Certification Name]
While you have rights to use the Strong Education logo and name, you cannot use the Special Strong brand name in any way unless you franchise with us. If you violate this, it is considered intellectual property theft and you are subject to fines and legal fees. Only franchising gives you the legal right to use the Special Strong name for business and/or promotional purposes.
10. NO RESALE
The Company’s products and services are not provided for redistribution or resale under this Agreement.
11. COMPLIANCE WITH LAWS; EXPORT
You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of the Company’s products or services. You will not use the Company’s products or services in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export the Company’s products or services except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. Neither the Company’s products nor its services may be exported into any U.S. embargoed countries or to anyone on the U.S. Government's list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.
12. USE OF LINKS
The Company may include material from third parties or include links to third party websites in its products and services. Such material is provided as a convenience to you and the Company assumes no liability or responsibility for such third-party materials or websites. Please note that these third-party websites may have privacy policies that differ from those of the Company and the Company encourages you to carefully read those policies. The Company’s Privacy Policy applies only to information collected by this or other Company websites.
13. DISCLAIMER OF WARRANTIES
THE COMPANY’S PRODUCTS AND SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ALL PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. No oral or written statement by any Company employee or representative shall create a warranty or modify this section. Certain jurisdictions do not permit the exclusion of implied warranties, so the foregoing exclusion may not apply to you.
YOU EXPRESSLY AGREE THAT your use of, or your inability to use, the Company’s products or services are at your sole risk. The Company does not warrant for the accuracy or completeness of any information, text, graphic, links or other items contained within the Company’s products or services or for any errors, omissions, or any outcomes related to your use of the Company’s products and services. The Company takes precautions to protect itself against but makes no warranties respecting, any harm that may be caused by the transmission of a computer virus, worm or other system or network infection or attack. The Company does not guarantee that your use of the Company’s products or services will be error-free or uninterrupted.
You and those with whom you work or provide exercise advice should always review the instructions and recommendations of the manufacturer of any exercise equipment before use, even equipment that appears in any Company product, as the manufacturer’s instructions and recommendations may have changed since the publication of the Company product. YOU EXPRESSLY AGREE that the Company is not responsible for harm that may arise from the use or misuse of any exercise equipment by you or any person to whom you provide exercise advice or instruction.
14. DISCLAIMER: NO PROVISION OF PROFESSIONAL ADVICE; NO GUARANTEE
The Company, its licensors, and contributors are not engaged in rendering medical, legal or other professional advice or services and the content of the Company’s products or services or its websites and marketing materials are not intended to take the place of such advice. If such advice or other expert assistance is required, the service of a competent professional should be sought. Please consult a physician or other appropriate professional before using any of the information, services, products or other resources you may find in the content of the Company’s products or services or the Company’s websites and marketing materials, or other resources mentioned or made accessible through the Company’s websites. The Company does not endorse, sponsor or guarantee any of the information of others, including advertisers, providers or partners, that may be accessible or made available on its websites or in its marketing materials or posted by any users who are not officers, directors, employees, representatives or agents of the Company.
15. DISCLAIMER: NO ENDORSEMENT OR AFFILIATION
Without limiting the foregoing, the Company makes no representations or warranties and assumes no liability regarding the background, suitability or qualifications who may participate in Workshops or other live events, whether as providers (independent contractors who serve as instructors or trainers, staff of the facility or other non-employees of the Company present at such events) or as recipients of the Company’s products or services. Participants are solely responsible for making their own inquiries regarding the suitability of such individuals.
In no event shall the Company's total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above-stated remedy fails its essential purpose.
16. LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
17. INDEMNIFICATION
By using the Company’s products and services and this Site, you accept this Agreement and you agree that you will indemnify and hold the Company and its parent companies and affiliated entities, its and their respective directors, officers, employees, agents, contractors, principals, and its licensors and suppliers and their respective parent companies, affiliated entities, directors, officers, employees and agents harmless in connection with any claim arising out of your breach of the terms of this Agreement, your use of the Company’s products and services, or any action taken by the Company to protect its intellectual property, including, but not limited to, suspension or termination of your access to the Company’s products and services.
18. BREACH OF THESE TERMS
If you violate any of these Terms, the Company reserves the right to terminate or suspend, in whole or in part, without notice, your access to our Sites, Services, and Content.