TERMS OF SERVICE

These Terms of Service are entered into by and between You (“you” or “User”) and Association for Financial Counseling & Planning Education (“AFCPE,” “we,” or “us”). These Terms of Service (the “Terms of Service”), govern your access to and use of the Services (as defined below). These Terms of Service also govern your access to and use of the Solution (as defined below) and any other website, platform, app, or other service where these Terms of Service are linked (“Other Services”). 

By accessing or using the Services or any Services Content (defined below), you agree to these Terms of Service.

The Refund & Extension Policy, any documents linked or incorporated by reference, and any additional terms you agree to in connection with AFCPE’s provision of its services or posted on AFCPE’s www.afcpe.org Website shall be made a part of and incorporated by reference into these Terms of Service.

Our Privacy Policy applies to your use of the Services, Solution, and any other website, platform, app, or other service where the Privacy Policy is linked. By accessing or using any of the foregoing, you acknowledge that you have read and understood the practices described in our Privacy Policy. The Services are offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By registering for, accessing, or otherwise using the Services, you represent and warrant that you are at least 18 years of age and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not register for, access, or use the Services. 

AFCPE’s Solution

AFCPE has developed a web-based solution (the “Solution”) that enables the User to access certain products and services and related courses, certification programs, webinars, course materials, content, data, databases, materials, and information, offered by AFCPE through AFCPE’s www.afcpe.org website (the “Website”), AFCPE mobile application, or as part of instructor-led classroom and onsite training courses (collectively, including the Additional Services, the “Services”). Upon payment of all applicable fees, AFCPE hereby grants User a non-exclusive, non-transferable license to access and use the Solution, solely for personal education purposes. Users may access the Solution in accordance with the access method offered by AFCPE and selected by User.

Additional Services

AFCPE may enhance and/or expand the features of the Services from time to time at no additional cost to User, or may provide additional content, performance or features that may, but are not required to, be added by User at additional cost to User. Any services to be provided by AFCPE to User in connection with the Services shall be set forth in a separate agreement between AFCPE and User. 

Access, User Information, and Account Security

You will be required to register with AFCPE in order to access and use some aspects of the Services, such as the Solution.

We have the right to disable any User’s access to the Solution or any other aspects of the Services, at any time if, in our opinion, the User violated any provision of these Terms of Service.

Online Purchases and Other Terms and Conditions

Your acceptance of these Terms of Service, together with the Refund & Extension Policy, apply to all purchases through our Website or other Services or other transactions for payment of registration fees, exam fees, live and/or recorded webinar fees, Onsite Review and Exam Fees, course materials, the sale of other products and services, or information made available by AFCPE to you through the Website or Services. Unless otherwise expressly agreed in writing by AFCPE, full payment for all applicable fees is required at time of registration. Specific payment requirements and related terms may be provided to you at the time of registration.

Fees may vary based on your location and other factors, and AFCPE reserves the right to change any fees at any time at its sole discretion. More information on refunds or substitutions available for your subscription or one-time payment for Services is available in our Refund & Extension Policy. Please review your order confirmation webpage or email for any applicable auto-renewal terms for your specific Services subscription or fee payments, including renewal dates, cancellation methods, and any fees, such as early termination fees, that may apply in some circumstances for some subscriptions, Services, or other program- or certification-related fees.

Certain degree programs offered by our university partners may satisfy the educational requirements of the certification programs offered by AFCPE. Nothing in these Terms of Service shall restrict the applicability to you of any institutional policies established by our university partner in connection with these programs (e.g., student codes of conduct); such policies shall supplement these Terms of Service and to the extent there is a conflict between such policies and these Terms of Service, as between you and our university partner, our Terms of Service shall govern. 

Additional terms and conditions may also apply to specific portions, services, or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.

Intellectual Property Rights

The Services, and its entire contents, features, and functionality, including, but not limited to all information, data, text, displays, content, materials, images, visual interfaces, designs, compilations, educational videos and exercises, video, audio, software, computer code (including source code or object code), and the design, selection, and arrangement thereof (collectively “Services Content”) are owned by AFCPE, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

No intellectual property rights of any kind are assigned or transferred to User under this Terms of Service. User is permitted to access and use the Solution, Services Content and any other materials provided only for your personal, non-commercial use. User is not permitted and shall have no right to use the Solution or Services Content for any purpose other than as set forth herein. This license to access and use the Solution is revocable at any time. 

User shall not challenge, or assist any person or entity in challenging AFCPE’s right, title, and interest in the Solution and Services Content.

Restrictions on Use

These Terms of Service permit you to use the Services for your personal, non-commercial use only. Unless otherwise specifically indicated in these Terms of Service, any distribution, publishing or exploitation of any Services Content available through the Services, is strictly prohibited unless you have received the express prior written permission from AFCPE. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any Services Content on or available through the Services. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the Services Content on or available through the Services, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the Services. Further, you warrant and agree that, while using the Services, including the features and functionality offered on or through the Website or Solution, you shall not: (i) use the Website, Solution or other Services, any Services Content or any other content or services featured on the Services in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (ii) use the Services or Services Content in violation of any applicable law. 

Any use of the Services or the Services Content or any content and materials thereon or available through the Services other than as specifically authorized herein, is strictly prohibited and will terminate the licenses granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes, and may be subject to liability for such unauthorized use. Unless explicitly stated herein or otherwise by AFCPE, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. 

Trademarks

Association for Financial Counseling & Planning Education, AFCPE, myAFCPE, AFC, AFCC, the AFCPE logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AFCPE or its affiliates or licensors. You must not use such marks without the prior written permission of AFCPE. All other names, logos, product and service names, designs, and slogans on the Solution or Website are the trademarks of their respective owners.

Except as otherwise set forth in the Terms of Service, all Services Content, and all trademarks, service marks, and trade names, contained on or available on our Website or through the Solution are owned by or licensed to AFCPE, and AFCPE reserves all rights therein and thereto not expressly granted by these Terms of Service. 

User Contributions

The Solution may contain message boards, chat rooms, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the terms and conditions set out in these Terms of Service. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our respective licensees, successors, and assigns the right to use, reproduce, modify, delete in whole or in part, perform, display, distribute, and otherwise disclose to third parties any such material. 

You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license to the use granted above to AFCPE and our licensees, successors, and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Service. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not AFCPE, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Solution. We reserve the right to, but do not generally review material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

DMCA Notice

• We will respond appropriately to notices of alleged U.S. copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a U.S. copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) U.S. copyright in that work has been infringed by an improper posting or distribution of it via the Services, then you may send us a written notice that includes all of the following:a legend or subject line that says: “DMCA Copyright Infringement Notice”;
• a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Services on which the material appears);
• your full name, address, telephone number, and email address;
• a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
• your electronic or physical signature.

We will only respond to DMCA Notices that it receives by mail, email, or facsimile at the addresses below:

By Mail: Attn: AFCPE National Office, 79 South State Street, Suite D3, Westerville, OH 43081

By E-Mail: support@AFCPE.org

It is often difficult to determine if your copyright has been infringed. We may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting LCE’s other rights, LCE may, in appropriate circumstances, terminate a repeat infringer’s access to the Services and any other website owned or operated by LCE.

DMCA Counter-Notification

If access on the Services to a work that you submitted to AFCPE is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

• a legend or subject line that says: “DMCA Counter-Notification”;
• a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Services from which the material was removed or access to it disabled);
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• your full name, address, telephone number, email address, and the username of your account;
• a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of Ohio ), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
• your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by AFCPE, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of AFCPE. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Third-Party Sites, Products and Services; Links

The Services may include links or references to other websites or services solely as a convenience to Users (“Reference Sites”). AFCPE does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.

Confidentiality

The parties acknowledge and agree that, as a result of negotiating, entering into and performing these Terms of Service, User will have access to AFCPE’s certain confidential information (“Confidential Information”). At all times User shall: (i) use the same standard of care to protect the Confidential Information as it uses to protect its own confidential information of a similar nature, but not less than a commercially reasonable standard of care; (ii) not use the AFCPE’s Confidential Information other than as necessary to perform its obligations under these Terms of Service; and (iii) not disclose, distribute, or disseminate the Confidential Information to any third party.

Disclaimer of Warranties

YOUR USE OF THE SERVICES, THE SOLUTION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS, AND MATERIALS PROVIDED THROUGH THE SOLUTION AND WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED  INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SOLUTION, CONTENT, OR MATERIALS PROVIDED THROUGH THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SOLUTION OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. 

NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL ADVICE OR OTHER CONTENT. 

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT, SHALL ASSOCIATION FOR FINANCIAL COUNSELING & PLANNING EDUCATION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES AND/OR THE SOLUTION  OR THE SERVICES CONTENT INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless AFCPE, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Contributions, Solution, Services Content, Website’s content, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained through your subscription to the Services.

Governing Law and Jurisdiction

The Terms of Service, and the relationship between you and us, shall be governed by the laws of the State of Ohio, United States of America, without regard to its conflict of laws principles. You agree that any cause of action that may arise under the Terms of Service and all matters relating to the Services, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be commenced and be heard in the appropriate court in the State of Ohio, Franklin County, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Franklin County in the State of Ohio. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

CLASS ACTION WAIVER

YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

JURY TRIAL WAIVER

TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.

REQUIREMENT TO FILE WITHIN ONE YEAR

TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANY OTHER STATUTE OF LIMITATIONS, ANY CLAIM OR CAUSE OF ACTION UNDER THESE TERMS OF SERVICE (WITH THE EXCEPTION OF DISPUTES UNDER SUB-SECTION (F) OF THE ARBITRATION AGREEMENT (EXCEPTIONS TO ARBITRATION) MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR ELSE THAT CLAIM OR CAUSE OF ACTION WILL BE PERMANENTLY BARRED. THE STATUTE OF LIMITATIONS AND ANY ARBITRATION COST DEADLINES SHALL BE TOLLED WHILE THE PARTIES ENGAGE IN THE INFORMAL DISPUTE RESOLUTION PROCESS REQUIRED BY SUB-SECTION (B) OF THE ARBITRATION AGREEMENT  AND AS OTHERWISE STATED THEREIN.

Termination

These Terms of Service shall remain in effect unless terminated by AFCPE. User. User’s permission to use the Services including the Solution and Services Content shall end immediately upon any termination or expiration of this Terms of Service, and User shall immediately cease any use of the Services including the Solution and Services Content upon such termination. We reserve the right in our sole discretion, to restrict, suspend, or terminate your use or access to any of the Services, the Solution and/or Website and/or discontinue any portion, feature, or content of the Services, Solution, Services Content, and/or our Website or this Terms of Service at any time and for any reason without prior notice or liability. 

When reasonably feasible in our sole discretion, we will make reasonable efforts to provide notice of significant changes to the Services or the Solution. All provisions of the Terms of Service that should survive because of their nature, including but not limited to limitation and disclaimer of warranties, releases, dispute resolution, no class action, 1 year claim limitation, jurisdiction, choice of law, limitation of liability, AFCPE’s ownership rights and your representations and indemnities, shall survive termination or expiration.

Waiver and Severability

No waiver by AFCPE of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AFCPE to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. 

Entire Agreement

The Terms of Service Refund & Extension Policy, any documents they incorporate by reference, and any additional terms you agree to in connection with AFCPE’s Services, posted on the Website, or posted through the Solution constitute the sole and entire agreement between you and Association for Financial Counseling & Planning Education regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. 

AFCPE’s Contact Information

The Services are offered by Association for Financial Counseling & Planning Education, with a mailing address of:

AFCPE National Office

79 South State Street

Suite D3

Westerville, OH 43081

All other feedback, comments, requests for technical support, and other communications relating to the Services and/or the Solution should be directed to support@AFCPE.org or via the email support form available at www.afcpe.org/about/contact/.