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Certified Personal Finance Consultant Terms 2020-01-09T19:43:55-08:00

Certified Personal Finance Consultant Terms

The National Financial Educators Council’s Certified Personal Finance Consultant (CPFC) program grants the person that registered for the CPFC training program to use the CPFC program in accordance with the terms below. The NFEC retains the copyright to all the Material and retains all rights not expressly granted to Person that registered for the CPFC training program. In consideration for the rights granted under this Agreement (“Agreement”), the Person that registered for the CPFC training program agrees the NFEC retains ownership of the Certified Personal Finance Consultant designation and is bound to the terms herein. The person that registered for the CPFC training program agrees that this Agreement shall govern the rights and obligations of the NFEC and the Person that registered for the CPFC training program.

Agreement Acceptance

The End User accepts the Agreement by doing any of the following:

  1. a) Logging onto the Person that registered for the CPFC training programs and Training webpage.
    b) Receiving any Program material sent to the Person that registered for the CPFC training program by the NFEC or the NFEC’s third party distributors, product fulfillment companies or personnel.
    c) Downloading any of the Training or Program material.
    d) Signing and returning this Agreement.
    e) Purchasing the Programs, Curriculum Packages and Training through the NFEC or any of its affiliates, partners, retailers, etc.

Authorized End User

This Agreement applies to the person that registered for the CPFC training program identified at the time of purchase and can be defined as a single individual that will utilize this material (“End User”). The only people that can log into and access the Certified Personal Finance Consultant program are identified at time of purchase. The End User is responsible to notify others within their organization that they are bound by the terms of this Agreement. The Person that registered for the CPFC training program may change the End User by notifying the NFEC within seven (7) days of the purchase.

Agreement Terms

Your registration in the Certified Personal Finance Consultant program gives you a 1-year (365 day) Agreement to study the Training and Material if you remain in good standing with the NFEC and course payments are made.

Payment Plan. Persons on the payment plan are agreeing to making payments for 1 full year. The NFEC will act on people that do not make agreed upon payments. This can include collections and other remedies to collect what is owed. A 5% monthly penalty will be added each month for missed payments.

Renewals

The Person that registered with all payments made for the CPFC training programs to complete the NFECs Certified Personal Finance Consultant program receive a 1-year Agreement to personally take the CPFC course. The renewal will take place 365 days after the Purchase Date. If the Certification is not renewed the Person that registered for the CPFC training program must immediately discontinue use of all NFEC Material and return all material prior to renewal date unless expressed in writing by the NFEC. No refunds are issued after renewal is processed. The certification is no longer valid if renewals are not paid and Person must stop using Certified Personal Finance Consultant or CPFC designation.

Annual renewals are due 365 days after your order. The NFEC sends reminders in advance and the CPFC enrollee must notify the NFEC prior to the annual renewal. The renewal is automatically processed 365 days after your order. No refunds will be given after your renewal is processed. Licensees that request refunds must complete a cancellation form and are subject to Licensor online compliance review before refund is issued. A reminder email will be sent prior to renewal. All CPFC materials, guide, certificate award and workbooks associated with the CPFC program must be mailed back and received by the NFEC prior to the renewal date. All mentions of CPFC, Certified Personal Finance Consultant Personal Finance Speakers Association must be removed. CPFC logo and digital badges must also be removed. If the CPFC is not renewed, these terms apply:

  • Return of Materials. Materials (Instructors Guide, Testing, Surveys and Pre-printed Student Guides) must be returned to the NFEC if the Annual License is not renewed prior to renewal date. Curriculum Licensee agrees that renewals are automatically processed 365 days after your order and no refunds will be given after your renewal is processed. If Curriculum License is not renewed all mentions of Licensor and Licensors material must be removed.

2) The person that registered for the CPFC training program may not refer to themselves as a Certified Personal Finance Consultant until the course requirements have been met and Person that registered for the CPFC training program is in compliance with the terms of this Agreement and in good standing with the NFEC.

Agreement Granted

This licensing agreement is for one (1) year as long as any required payments are made. The person that registered for the CPFC training programs or any of their associates may not teach, share or deliver any lessons associated with the Certified Personal Finance Consultant course. The Agreement can be revoked at any point and Person that registered for the CPFC training programs must comply with the NFEC terms & conditions.

The NFEC reserves the right to restrict, limit or remove CPFC credential from Licensees that fail to meet our standards. Certified Personal Finance Consultants must adhere to our code of ethics outlined in the Financial Coaching Standards & Code of Conduct.

Credentials

Only after the successful completion of a Certified Personal Finance Consultant testing and coursework can Person that registered for the CPFC training programs refer to themselves as a “Certified Personal Finance Consultant” or “CPFC”. Annual renewal is required to maintain this designation and annual testing may be required to maintain program Agreement and retain authorized end user status. The annual investment is due 365 days after purchase and is subject to change by NFEC.

Prohibited Uses

The Certified Personal Finance Consultant Training and Programs associated with the Person that registered for the CPFC training program training is prohibited to share. Certified Personal Finance Consultant material, business training material and other material designed to educate the Person that registered for the CPFC training program cannot be shared. The CPFC Program can only be taught directly by the NFEC and may not be shared, taught or delivered to any 3rd party under any circumstances.

The Person that registered for the CPFC training program recognizes and agrees that the Certified Personal Finance Consultant course and Financial Coaching Standards & Code of Conduct and all components of the training and resources are the property of the NFEC, the National Financial Educators Council, and are copyrighted. The Program contains proprietary information of the National Financial Educators Council and the Person that registered for the CPFC training program may not do any of the following:

  1. Copy, reproduce, display, share or disclose information other than as consistent with the Agreement Granted section of this Agreement.
  2. Sell, transfer, rent, sublicense, repurpose, combine or adapt the Programs or use them in any manner not expressly authorized by this agreement.
  3. Remove or alter the copyright notice or other legal disclaimers contained within the Program, Training or Curriculum Packages.
  4. All marketing, promotion and outreach material must adhere to the guidelines set forth in the Agreement.
  5. The NFEC can modify, adjust or cancel this agreement at any time. A 30-day written notice will be delivered electronically by the NFEC.
  6. Person that registered for the CPFC training programs agree to protect Proprietary Information. Proprietary Information shall be deemed to include any trade secret, information, process, technique, algorithm, computer program (source and object code), design, drawing, formula or test data relating to any research project, work in progress, future development, engineering, manufacturing, marketing, marketing campaign, promotion, servicing, financing or personal matter relating to the disclosing party, its present or future products, sales, suppliers, clients, customers, employees, investors or business, whether in oral, written, graphic or electronic form. Person that registered for the CPFC training program shall maintain all Proprietary Information in trust and confidence and shall not disclose to any third party or use any Proprietary Information for any unauthorized purpose. Proprietary Information shall not be used for any purpose or in any manner that would constitute a violation of any laws or regulations, including without limitation the export control laws of the United States. No rights or Agreements to trademarks, inventions, copyrights, trade secrets or patents are implied or granted under this Agreement.

Person that registered for the CPFC training program are not permitted to share, teach or deliver the Training associated with the Person that registered for the CPFC training program training, including sharing instructors guide, Certified Personal Finance Consultant material, Financial Coaching Standards & Code of Conduct, business training material and other material designed to educate the Person that registered for the CPFC training program

Name Usage

Licensee agrees to the name usage terms below:

Private-label Licensee. Licensee cannot use, mention, feature, or promote the Licensors name or brands without written consent of the licensor.

Co-branded, NFEC-branded and other branding options that feature Licensor can mention the National Financial Educators Councils name and/or other branded material per the terms listed in this section.

All mentions of NFEC branded material must include the National Financial Educators Councils name or NFEC. Examples of acceptable usage – the National Financial Educators Councils’ Real Money Experience or NFECs’ Life Events Education, National Financial Educators Council, Real Money Experience. End User must use the National Financial Educators Council or NFEC in marketing, press releases, outreach efforts, email blasts, direct mailers, television advertisements, internet marketing and all forms of media, outreach and marketing when using the name of our product lines. These Names include but is not limited to NFEC, National Financial Capability Strategy, Financial Coaching Standards & Code of Conduct, 24-minute Challenge, Financial Educators Day, Financial Educators Day, Real Money Experience, Family Savings Challenge, Framework for Teaching Personal Finance, Financial Literacy Framework & Standards, Financial Coaching Standards & Code of Conduct, SavingsFund, Financial Educators Council, Certified Personal Finance Consultant, Certified Financial Education Professional, Financial EduNation, Money XLive, Family Money Challenge, Financial Independence Week, Financial Education Publication Award, Core 12 Financial Capability Curriculum, Core 80 Financial Capability Curriculum, Life Stages Financial Literacy Curriculum and any and all brands used by the NFEC

Licensee is prohibited from using any of the NFEC’s brand names as URLs’ social media page names, or in any online format.

Licensee is prohibited from using any of the Licensors name or branded names or similar names in conjunction with any domain names or corporate names.

Warranty

The National Financial Educators Council provides a thirty (30) day limited warranty. The electronic and physical Programs will be free from physical defects. The Program will be replaced if the Licensee returns the Programs within 30 days of delivery. The 30 day warranty is ended and the investment is non-refundable after the NFEC begins work on any custom program which includes program design, web design, custom marketing pieces, media research, media releases, consultation or any other activity that is specifically created or done for the Licensee. The NFEC does not warrant that the Program will meet the End Users expectation of needs. End User further understands typographical, spelling or grammar errors do not constitute a defect and no exchanges will be made for these Program errors.

Terms

Due to the proprietary and valuable nature of the Training and Program Information, the obligations assumed by the End User shall be unlimited in time or territory or if it is held by a court of competent jurisdiction that this provision is illegal, invalid or unenforceable, shall apply up to five (5) years after disclosure of such Information. NFEC Certified Personal Finance Consultant and License are valid for one (1) year and to keep the certification valid. The annual investment starts on the first day of year two (2) to maintain Certified Personal Finance Consultant status and have the ability to use the Curriculum Packages.

These terms and conditions are subject to change without notice, from time to time at the Licensors sole discretion. The Licensor will notify you of amendments to these terms and conditions by posting them on the website www.FinancialEducatorsCouncil.org and notifying parties via the email they entered into the system at time of purchase

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and NFEC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NATIONAL FINANCIAL EDUCATORS COUNCIL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE NATIONAL FINANCIAL EDUCATORS COUNCIL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NATIONAL FINANCIAL EDUCATORS COUNCIL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NATIONAL FINANCIAL EDUCATORS COUNCIL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NATIONAL FINANCIAL EDUCATORS COUNCIL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination

NFEC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada and you hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and NFEC as a result of this agreement or use of the Site. NFEC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NFEC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NFEC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NFEC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NFEC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Term Changes

NFEC reserves the right, in its sole discretion, to change the Terms under which www.FinancialEducatorsCouncil.org is offered. The most current version of the Terms will supersede all previous versions. NFEC encourages you to periodically review the Terms to stay informed of our updates

No Earnings Projections

Promises or Representations. Licensee understands and agrees that there are important risk factors that should be considered by you when deciding whether to implement any of the strategies or techniques taught in this financial education course. You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of this financial education course, and that we have not authorized any such projection, promise, or representation by others.

Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not). There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”. You understand that this financial education course has not been available for purchase long enough to provide an accurate earnings history

  1. a) The Economy. The economy, where you live and do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by this financial education course
  2. b) Your Success or Lack of It. Your success in using the information or strategies provided by this course depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all. Businesses and earnings derived there from, involve unknown risks and are not suitable for everyone. You may not rely on any information presented in the course or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase the course, and/or any monies spent in reliance upon the information provided in the course, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not)
  3. c) Forward-Looking Statements. Materials contained in this course, or on the website where the course was purchased, may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. you can identify these statements by the fact that they do not relate strictly to historical or current facts. they use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements in the course or on the website are intended to express our opinion of earnings potential. many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our materials
  4. d) Due Diligence. You are advised to do Your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with Your accountant, lawyer, investment advisor, or other appropriate professional before acting on this or any information. You may not consider any examples, documents, or other content in the course or otherwise provided by us to be the equivalent of legal, accounting, or investment advice. Nothing contained in the course or in materials available for sale or download on the website provides legal, investment, or accounting advice in any way. You should consult with your own attorney, financial investment advisor, and accountant with any questions you may have. We assume no responsibility for any losses or damages resulting from your use of any information or opportunity contained within the course, on the related website, or within any information disclosed by the owner of the course and the website in any form whatsoever.

e)Purchase Price. Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for this financial education course has been arbitrarily set by us. This price bears no relationship to objective standards.

  1. f) Testimonials & Examples. Testimonials and examples for this course and on the related website are exceptional results, do not reflect the typical purchaser’s experience, don’t apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. Where specific income or earnings (whether monetary or advertising credits, whether convertible to cash or not), figures are used and attributed to a specific individual or business, that individual or business has earned that amount. There is no assurance that you will do as well using the same information or strategies. If you rely on the specific income or earnings figures used, you must accept all the risk of not doing as well. The described experiences are atypical. Your financial results are likely to differ from those described in the testimonials. You understand that this course has not been available for purchase long enough for us to determine what are typical financial results.

Assignment

Recipient may not assign its rights, duties or obligations under this Agreement without the prior written approval of the NFEC. The NFEC shall have the right to transfer its interest in this Agreement without the consent of the End User

Governing Law

This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of Nevada, without regard to conflicts of law principles

Counterparts

This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.

Severability

If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

Notice

Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

National Financial Educators Council

400 S. 4th Street

Suite 500

Las Vegas, NV 89101

Entire Agreement

This Agreement constitutes the entire agreement between the NFEC and End User, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

Indemnification

You agree to indemnify, defend and hold harmless NFEC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NFEC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NFEC in asserting any available defenses.

Additional Information

Certified Personal Finance Consultant

Financial Coach Certification

 

Contact Information

NFEC welcomes your questions or comments regarding this Statement of Privacy. If you believe that NFEC has not adhered to this Statement, please contact NFEC at:

 

National Financial Educators Council

400 S. 4th Street Suite 500

Las Vegas, Nevada 89101

Email Address:

legal@financialeducatorscouncil.org

 

Telephone number:

702.620.3059

 

Effective as of January 1, 2020

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