NORDIC WALKING ACADEMY NORDIC WALKING ASSOCIATION OF NORTH AMERICA NWANA

 

1. Parties and Scope

This Terms of Use Agreement ("Agreement") is entered into between Nordic Walking Association of North America, a nonprofit corporation registered under the laws of the United States ("NWANA" "we" "us" or "our"), and the individual accessing or using the Nordic Walking Academy NWANA learning management platform ("Platform," "LMS") ("you" or "User").

This Agreement governs all access to and use of the Platform, including all courses, training programs, certification pathways, instructional materials, assessments, and related digital services.

2. Acceptance of Terms

By creating an account, clicking "I Agree," enrolling in any course, or otherwise accessing the Platform, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement and all policies incorporated herein by reference, including the Privacy Policy and Certification Policy.

If you do not agree to these Terms, you must not access or use the Platform.

3. Eligibility

To use the Platform, you must:

• Be at least 18 years of age; or

• Be at least 13 years of age with documented written consent from a parent or legal guardian (guardian consent form available at nwana.org/forms); and

• Have the legal capacity to enter into a binding contract; and

• Not be prohibited from receiving educational services under applicable law.

By registering, you represent and warrant that you meet all eligibility requirements.

4. User Accounts

4.1 Account Registration

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the accuracy of your account information and must promptly update it when it changes.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. You must:

• Use a strong, unique password;

• Not share your credentials with any third party;

• Immediately notify NWANA at legal@nwana.org if you suspect unauthorized access.

NWANA is not liable for any loss or damage arising from your failure to maintain account security.

4.3 Account Types

The Platform supports three account types with distinct permissions:

5. Permitted Use and Restrictions

5.1 License Grant

Subject to these Terms, NWANA grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal educational purposes.

5.2 Prohibited Conduct

You must not:

• Share access credentials or allow others to use your account;

• Reproduce, distribute, display, modify, or create derivative works from any Platform content without prior written authorization from NWANA;

• Record, screenshot, or capture course videos or materials for distribution;

• Use automated tools, bots, or scripts to access or scrape the Platform;

• Impersonate any person or entity or misrepresent your identity or affiliation;

• Upload or transmit harmful, illegal, defamatory, or offensive content;

• Attempt to gain unauthorized access to any portion of the Platform or its infrastructure;

• Use the Platform in any manner that violates applicable local, state, federal, or international law.

6. Intellectual Property

All content on the Platform — including but not limited to course videos, written materials, assessment instruments, methodologies, certification frameworks, graphics, logos, and software — is the exclusive intellectual property of NWANA or its licensed content providers and is protected by United States and international copyright, trademark, and other intellectual property laws.

No content may be reproduced, republished, distributed, or used for commercial purposes without express prior written consent from NWANA. Requests may be submitted to ip@nwana.org.

Authorized certifications issued by NWANA remain the property of NWANA and are granted to you under a limited, non-transferable license for personal professional use.

7. Educational Content and Certifications

7.1 Accuracy and Currency

NWANA makes reasonable efforts to ensure that educational content is accurate and current. However, content is provided for educational and informational purposes only. NWANA does not warrant that all content is free from error or that it reflects the most current professional standards in all jurisdictions.

7.2 Certification Disclaimer

Completion of a course does not automatically confer professional qualification, licensure, or regulatory approval. Certifications issued by NWANA:

• Are based on NWANA's proprietary standards and curriculum;

• May require additional validation or renewal as specified in the Certification Policy;

• Do not constitute medical advice or training;

• May not satisfy regulatory or licensing requirements in all jurisdictions.

Users are responsible for verifying whether NWANA certifications satisfy the requirements of any professional, governmental, or regulatory body in their jurisdiction.

8. Physical Activity Acknowledgment

Nordic walking involves physical exertion. By using the Platform and participating in any training program or instructional activity:

• You acknowledge that participation is voluntary and entirely at your own risk;

• You represent that you are physically capable of engaging in the described activities or have consulted a qualified medical professional;

• You assume full responsibility for monitoring your health during physical activity;

• You release NWANA, its officers, instructors, affiliated organizations, and agents from any liability arising from physical injury, illness, or death resulting from participation in activities described on the Platform.

Persons with pre-existing medical conditions are strongly advised to consult a physician before beginning any training program.

9. Payments and Refunds

9.1 Pricing

All prices are stated in United States Dollars (USD) and are exclusive of applicable taxes unless otherwise stated. NWANA reserves the right to modify pricing with 30 days' advance notice.

9.2 Payment Processing

Payments are processed by authorized third-party providers. By submitting payment information, you authorize NWANA to charge the applicable fees. NWANA does not store full payment card data.

9.3 Refund Policy

Refund eligibility is determined as follows:

Refund requests must be submitted in writing to billing@nwana.org with your order reference number. NWANA reserves the right to deny refunds in cases of suspected abuse.

10. Termination and Suspension

NWANA may, at its sole discretion and without prior notice, suspend or permanently terminate your account if you:

• Violate any provision of this Agreement or any NWANA policy;

• Engage in fraudulent or deceptive conduct;

• Engage in unauthorized sharing, distribution, or commercial exploitation of Platform content;

• Take any action that threatens the security or integrity of the Platform.

Upon termination, your license to use the Platform is immediately revoked and access to course materials may be disabled. NWANA shall not be liable for any losses resulting from lawful termination.

You may close your account at any time by contacting support@nwana.org. Closure does not entitle you to a refund beyond what is permitted under Section 9.3.

11. Disclaimers

THE PLATFORM AND ALL CONTENT ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NWANA DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NWANA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PLATFORM OR ITS CONTENT.

IN NO EVENT SHALL NWANA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO NWANA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Governing Law and Dispute Resolution

13.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

13.2 Informal Resolution

Before initiating any formal proceeding, the parties agree to attempt to resolve disputes informally. You must send a written description of your dispute to legal@nwana.org. NWANA will respond within 30 days. If not resolved within 60 days, either party may proceed under Section 13.3.

13.3 Dispute Resolution

If informal resolution fails, disputes shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights.

Arbitration shall be conducted in Miami, Florida, or, at your election, virtually. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Nothing in this section limits NWANA's right to seek emergency injunctive relief from a court of competent jurisdiction.

13.4 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. This waiver does not apply to consumers in states where such waivers are unenforceable.

14. Modifications to These Terms

NWANA reserves the right to modify these Terms at any time. Material changes will be communicated via:

• Email notification to the address on file at least 30 days prior to the effective date; and

• Prominent notice on the Platform login page.

Continued use of the Platform after the effective date of modified Terms constitutes acceptance. If you do not agree to modified Terms, you must discontinue use and close your account.

15. Miscellaneous

Severability: If any provision of this Agreement is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in full force.

Entire Agreement: This Agreement, together with the Privacy Policy and Certification Policy, constitutes the entire agreement between you and NWANA regarding the Platform and supersedes all prior agreements.

Waiver: Failure to enforce any provision shall not constitute a waiver of future enforcement.

Assignment: You may not assign your rights or obligations under this Agreement without prior written consent from NWANA. NWANA may assign this Agreement freely.

16. Contact