Terms of Sale

Last Modified: September 16, 2024

 

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

BY COMPLETING AN APPLICATION FOR ACCREDITATION OR CERTIFICATION FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT APPLY IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH AMERICAN ASSOCIATION OF NATURAL WELLNESS PRACTITIONERS, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms“) apply to the purchase and sale of products and services through AANWP.COM (the “Site“). These Terms are subject to change by the American Association of Natural Wellness Practitioners, LLC, (referred to as “Company”, “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 8).

2. Initial Order Acceptance and Cancellation. You agree that your application is an offer to buy, under these Terms, all products and services listed in your order. All applications must be accepted by us or we will not be obligated to provide the products or services to you. You certify that all statements and information provided in your application are true and accurate. You acknowledge and understand the Company qualification requirements and testify that you are eligible. You understand that laws may vary from state to state and if you become certified and/or accredited by the Company, you are responsible to abide by any and all state regulations. We may choose not to approve/accept you for our accreditation or board certification in our sole discretion at any time and/or cancel your membership.

3. Prices and Payment Terms.

(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your confirmation email. Price increases will only apply to orders placed after such changes. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

(b) Terms of payment are within our sole discretion. We accept all major credit cards and other available payment methods via STRIPE. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any and (v) you agree to have your payment method (which can be updated in your account) automatically charged to each 365 day anniversary to renew your annual subscription, unless cancelled pursuant to Section 5 below.

4. Mailed Certificates.

(a) AANWP (Board Certification without exam and/or Accreditation): If your application is approved, we will arrange for shipment of your certificate. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.  New certificates are NOT mailed annually.

(b) ANWPB (Board Certification with Exam and/or Accreditation): Board certification applicants will have certificates shipped following a passing grade on the applicant’s exam. Accreditation is available by invite-only (following AANWP Accreditation). Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.  New certificates are NOT mailed annually.

5. Details, Refunds and Cancellation. AANWP and ANWPB Board Certification and/or Accreditation purchases include an initial fee and automatic recurring subscription that renews each year on the anniversary of the purchase date, unless cancelled prior to the automatic renewal date (as provided below). If you cancel your subscription, your Board Certification and/or Accreditation will cancel at the expiration of such anniversary year. Any refunds will be credited back to the same payment method used to make the original purchase on the Site.

(a) AANWP Board Certification (without exam): No refund. However, if you paid your initial fee and you do NOT want to renew, you can login to your dashboard and click “cancel” on the annual subscription. You are responsible for all outstanding fees prior to your cancellation.  Annual Renewal is $145.00 – set up as a subscription to auto-debit the card on file.  *If you are paying the grandfathered renewal of $125.00, but your subscription cancels (either you cancel it or your credit card fails) – the new reactivation renewal fee applies:  $145.00.

(b) ANWPB Board Certification (with exam): If you paid your initial fee and you decide you do NOT want to sit for the EXAM and have not yet started Test #1, you may request a full refund within 30 days of initial payment by emailing info@aanwp.com. If you have already logged in and started Test #1, you are no longer eligible for a refund of your initial fee. You can login to your dashboard anytime to “cancel” the annual renewal subscription. You are responsible for all outstanding fees prior to your cancellation.  Annual Renewal is $145.00 – set up as a subscription to auto-debit the card on file.  *If you pay your initial fee and do not take the test (nor complete the test) before your renewal, you will be auto-charged $145.00 annually, unless you cancel the subscription prior to the 365 day anniversary of your initial payment.  *If you are paying the grandfathered renewal of $125.00, but your subscription cancels (either you cancel it or your credit card fails) – the new reactivation renewal fee applies:  $145.00.   *All active members are required to submit 12 CEUs annually.  This date is different than your annual fee renewal date because the CEUs are due 365 days from the the date you passed the exam, not when you paid the initial fee.

(c) Accreditation: No refunds. You can login to your dashboard anytime to “cancel” the annual renewal subscription. You are responsible for all outstanding fees prior to your cancellation.  AANWP Annual Renewal is $275.00 and ANWPB Annual Renewal is $100.00 – both are set up as a subscription to auto-debit the card on file.

(d) Automatic Cancellation: If your payment method fails on an annual renewal subscription payment, you will be notified to update your payment method. If you payment fails three times, your subscription will be cancelled.

(e) Cancellation: If you cancel your subscription or your subscription is automatically cancelled as provided in this Section, you no longer may use your Board Certification and/or Accreditation mailed certificates, documentation or intellectual property. Cancelled ANWPB board certifications shall be removed from the online registry. Cancelled accreditation shall be removed from the Holistic Health Link directory. ONCE CANCELLED, YOUR ACCOUNT IS NO LONGER ACTIVE. YOU MAY NOT USE YOUR CERTIFICATION IF YOUR ACCOUNT IS NOT ACTIVE.  But, you can reactivate at any time.

6. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall: only apply to the extent permitted by law and not apply to liability resulting from our gross negligence or willful misconduct.

7. Disclaimer of Warranties. The Company offers specialty Board Certification/Accreditation to qualified applicants. The Company is an independent certifying body and is not affiliated with nor endorses any specific training, education or pre-certifying organization.

Board Certification is voluntary (non-governmental). If certified by the Company, you have testified that you have met the requirements/qualifications for certification, based on the information that you submitted on your application. These application requirements pertain to education, experience and mastery of a specific subject, modality, system, and the like. No certification program can guarantee professional competence nor is the Company responsible for anyone’s professional abilities or skills.

Accreditation is voluntary (non-governmental). The Company, and its officers and directors, are not responsible for the degree programs, course work, official functions or any other aspect of an accredited school or college through the Site. The Company, and its officers and directors, are legally absolved of all responsibility/liability for the success of the students enrolled in such accredited schools. Each accredited school is a legal entity in and of its own right and independent of the Company. Our accreditation does not guarantee that your “curriculum” will be accepted by other educational institutions or state agencies.

The Company awards board certification/accreditation based on proof of identity and by documentation you submit. Any recognition identified herein has been received by the Company (a private organization), an entity not affiliated with or recognized by any state board of medicine nor is it federally regulated. The Company provides third party education authentication and/or examination service to provide board certification and accreditation. We are not an educational institution. Certificates issued by the Company do not confer degrees. Certification does not grant legal qualifications or licensure. Board certification simply means that you have completed the requirements set forth by the Company and have succeeded in passing the standardized test (when applicable), which is hosted online, through a third-party platform.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE COMPANY’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

8. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

9. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

10. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.

11. Dispute Resolution and Binding Arbitration.

(a) YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b) The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 12. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

12. Assignment. You shall not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

13. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

14. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

15. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by email to info@aanwp.com. We may update the email address for notices to us by posting a notice on the Site. Notices provided by email will be effective one business day after the date they are received.

16. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

17. Entire Agreement. These Terms, the license agreement relating to any product or service you obtain on or through this Site, our Website Terms of Use, Disclaimer and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.