Terms of Use

Website Terms of Use

Last Modified: April 2021

Acceptance of the Terms of Use

These terms of use are entered into by and between You and the Association for Financial Counseling & Planning Education (“AFCPE,” “we,” or “us”). The following terms and conditions, our Privacy Policy, any documents they incorporate by reference, and any additional terms you agree to in connection with AFCPE’s provision of its services or posted on AFCPE’s website (collectively, the “Terms of Use”), govern your access to and use of www.afcpe.org including any content, functionality, and Services (as defined below), offered on or through www.afcpe.org (the “Website”), whether as a guest or a registered user. 

By registering for or otherwise using the Website, Services, AFCPE mobile application, or accessing any content or materials that we make available through the Website or AFCPE mobile application, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you may not access or otherwise use the Website. 

This Website is 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 using this Website, 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 access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. 

Proprietary Services for Registered Users

AFCPE has developed and operates a web-based solution that enables individuals, including students, instructors, and administrators of educational institutions, to access and use certain online products. Services, courses, and certification programs offered by AFCPE may be offered through the Website, AFCPE mobile application, or as part of instructor-led classroom and onsite training courses (collectively, the “Services”). The materials on our Website include general information available to all users of our Website, but in order to access and use the Services, you will be required to agree to additional terms and conditions in connection with the registration process (the “Terms of Service”) and pay applicable fees.

Access, User Information, and Account Security

In the course of your use of the Website and/or Services made available on or through the Website, you may be asked to provide certain personalized information to us. Our information collection and use policies with respect to the privacy of such information are set forth in the Website’s Privacy Policy, which is incorporated herein for reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of the information and personalized information you provide to us. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may not share or distribute to a third party any username name or password for accessing the Website. You agree that all information you provide to register with this Website or Services, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website 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 “AFCPE 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.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. Unless otherwise specifically indicated in these Terms of Use or on the Website, any distribution, publishing, or exploitation of the Website, or any AFCPE Content, is strictly prohibited unless you have received the express prior written permission from AFCPE. Other than as expressly allowed herein or on the Website, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any AFCPE Content on or available through the Website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the AFCPE Content on or available through the Website, 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 Website. 

Any use of the Website or AFCPE Content or any materials thereon or available through the Website, other than as specifically authorized herein, is strictly prohibited. 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 Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

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 this Website are the trademarks of their respective owners.

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

Restrictions on Use

You warrant and agree that, while using the Website and the various services, features and functionality offered on or through the Website or Services, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Website’s content, materials or services (for example, without limitation, in an embedded video, RSS feed or a podcast received from us or otherwise through the Website); (c) use, redistribute, republish or exploit AFCPE Content for any further commercial, promotional, or any other non-personal purposes; or (d) attempt to gain unauthorized access to other computer systems through the Website. In addition, you shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or services offered on or through the Website in any manner that could interrupt, damage, disable, overburden, or impair the Website, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website, AFCPE Content, Services, or any content or services featured on the Website in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website, AFCPE Content, or Services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website, Services, AFCPE Content, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website or Services offered on or through the Website in any manner that could interfere with any other party’s use and enjoyment of the Website or any of its Services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website or services offered on or through the Website.

Copyright Infringement

We respect the intellectual property rights of others, and require that the people who use the Website, Services, or features made available on or through the Website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2):  

AFCPE National Office

79 South State Street

Suite D3

E-mail: support@AFCPE.org

Notices of the claimed infringement should include the following information: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located, with a link if possible; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please Note: For usage and/or reprint permission requests, please contact: support@AFCPE.org. 

Reliance on Information Posted

The information presented on or through the Website 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 visitor to the Website, or by anyone who may be informed of any of its contents.

This Website 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.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, services, or information formed through the Website, or resulting from visits made by you, are governed by our Terms of Service and Refund & Extension Policy, which are incorporated into these Terms of Use.

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

Third-Party Sites, Products and Services; Links. 

The Website and 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.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS PROVIDED THROUGH THE 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 WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE 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 WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, SERVICES, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO,  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 Use or your use of the Website, including, but not limited to, your user contributions, any use of the Website’s content, AFCPE Content, Services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

The Terms of Use, 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 Use and all matters relating to the Website, 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 Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 Use remain in full force and effect.

 Arbitration

At AFCPE’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.

Termination

We reserve the right in our sole discretion, to restrict, suspend, or terminate your use or access to any of the Website and/or Services and/or discontinue any portion, feature, or content of the Services, AFCPE Content, and/or our Website or this Terms of Use 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 Website to users with active licenses to use the Website and/or Services. All provisions of the Terms of Use as to limitation and disclaimer of warranties, limitation of liability, AFCPE’s ownership rights and your representations and indemnities shall survive termination.

Waiver and Severability

No waiver by AFCPE of any term or condition set out in these Terms of Use 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 Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 Use will continue in full force and effect. 

Entire Agreement

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

Your Comments and Concerns

This website is operated 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 Website should be directed to support@AFCPE.org or via the email support form available at www.afcpe.org/about/contact/.