Persons or Parties Covered
Other Information Gathered
PTW, upon occasion, may have hyper-linked sponsors. You agree that PTW cannot be responsible for the data collected by these third parties through such hyperlinks or used by them or related partners in any manner. You further understand that
- PTW has no control over what happens with this data by the advertising company
- PTW takes no responsibility over the accuracy or content of advertisers
- PTW is not responsible for downloads from third parties that contain anything that causes their computer or software harm
- PTW assumes no responsibility for the data that is garnered from the click itself or that the advertiser collects.
The Information We Collect:
The types of information collected by PTW includes, but is not limited to, the following:
- Name (of student athlete and guardian(s))
- Address (of student athlete and guardian(s))
- Email address (of student athlete and guardian(s))
- Phone number (of student athlete and guardian(s))
- Payment Information (Debit/Credit/ACH)
- Scholastic & Athletic Information
- Other Miscellaneous Information
The Way We Use Information:
We use the information you provide and that which we compile and develop and gather for our service to assist us in providing our service. We do not share this information with outside parties except to the extent necessary to facilitate our services. We will not use this personal information/data provided to us in any way not related to the services we offer (providing guidance regarding the academic and athletic components of colleges and universities).
Information or Documents we share through 3rd Party sources (such as Google Drive, Dropbox, or others):
This information whether created by PTW or the client becomes the sole property of PTW. All information will fall under the copyright and intellectual information and confidential information for the purposes that prohibit the client from using in any way. All use of the information contained therein must be approved in writing by PTW.
Information Gathered through Email and other Sources
PTW may also obtain information through emails sent by you to which we are a party. You must assume that some data is collected about your IP address and that of the recipient of your email.
The information PTW gathers may be shared by us, at our sole discretion to help deliver our services. PTW has no control over the final use of this data by the receiving party. We cannot be responsible for the privacy policies or practices of other companies you may visit through our site.
By becoming a PTW client, you acknowledge that you may receive emails from us regarding, but not limited to, the following:
- Direct marketing efforts promoting or announcing a new service or program from us or our advertising partners
- Updates to our site, services, or programs
- Encouragement to participate in various activities offered through or endorsed by PTW
- Newsletters and/or announcements
You also acknowledge that you may receive communication from any of our advertising partners, affiliated companies, college representatives, or other related parties.
- As required by subpoenas, court orders, or other legal processes
- In order to exercise our legal rights or defend against legal claims
- As part of a merger with another company (*)
- In conjunction with the acquisition of PTW (*)
- As may be required to comply with the Patriot Act
PTW takes efforts to ensure all contacts, coaches, and others relying on our services are doing so for legitimate purposes. However, we cannot represent that this will always occur. We remain harmless should any breach in confidentiality by recruiters and/or the companies for which they are employed occur.
Updating of your Information
Other Distribution of information
PTW works with affiliates and business partners (for payments, marketing and advertising, program development, etc.) who may have access to your Information. Their access is limited only to the extent necessary to perform their functions and may not use it for any other purpose.
Disputes and Legal Recourse
As a consideration for viewing, using, or visiting the PTW site and relying on our services, you waive all claims and legal rights whatsoever of any nature (legal or otherwise) against PTW concerning the loss, alteration, or misuse of information (whether intentional or not) now and for always. Additionally, by using our site and our services you also agree to indemnify (including attorney’s fees) and hold PTW harmless for any and all claims that may arise from the information you have provided to our company.
Use of and reason for “Cookies”
Cookies are used to provide you with on-point information. A cookie is an element of data that a Website sends to your browser, which in turn can be stored on your computer.
You must assume that your web-viewing or activity is monitored, tracked, and data collected. By using our site, you also give permission to collect, archive, retrieve, and use any information collected for product design, product offers to you, and general commercial solicitation purposes by this site or joint venture partners, affiliates, and marketing organizations.
From time-to-time, it may be necessary for PTW to change or modify our policy. You are encouraged to check the site routinely to make sure you are current with our policy.
How to Contact Us
Should you have other questions or concerns about these privacy policies, please email us at email@example.com or mail questions to:
Play to Win Corp.
4521 PGA Blvd – #330
Palm Beach Gardens, FL 33418
Reading and accepting these Terms & Conditions (collectively called “Terms”) are required before becoming a client and/or gaining the right to use our site. Access to the PTW site is strictly prohibited without your acknowledgment and acceptance of such Terms.
These Terms may change from time to time. As a visitor or client, you are encouraged to review this section periodically.
By viewing or using the PTW website or becoming a client, or following our guidance regarding the recruiting process, attending suggested camps and/or third-party events, you are agreeing to all the provisions of the Terms of PTW.
Persons under the age of 18 (and those covered by COPA of 1998) are permitted access only with the acknowledgement of a parent or guardian. PTW also reserves the right to deny access to anyone or any company for any reason whatsoever and you agree not to bring any legal action whatsoever regarding claims or potential claims of any wrong doing pertaining to any of these decisions.
Parties to the Terms & Conditions
Visitors, members, players, recruiters, coaches, administrators, affiliates, customers, and others, collectively referred to herein as “Users”, are parties to this agreement.
Use of Information
Any distribution or reproduction of the information (by any means whatsoever) without expressed written permission from PTW is strictly prohibited unless permission has been received in writing from PTW. You acknowledge that if you have not agreed to these Terms, any viewing or other use is considered unauthorized use. Such unlawful use may subject you to civil or criminal penalties. Unlawful use may require User to pay liquidated damages in the amount of $100,000 (US) and the actual costs and damages for such a breach.
PTW prohibits Users from transmitting or posting all items noted below but not limited to:
- violations of any applicable law or regulation
- violations of copyright laws and intellectual property rights
- obscene, pornographic, defamatory, vulgar, hateful, or offensive material
PTW in its sole discretion, has the right to remove or edit any to the site without warning. PTW in its sole discretion (and without the threat of any recourse) maintains the right to suspend or cancel (without refund or client recourse), any membership for actual or perceived improper or fraudulent uses of our site or company name.
It is understood that registration as a client to PTW is not automatic and is subject to review by PTW. And, in our sole discretion, a determination will be made. Our decision is final and you waive any and all rights whatsoever against PTW for our decision.
Visitors and Members are also prohibited from violating or attempting to violate the security of PTW site by doing the following (including, but not limited to):
- accessing or attempting to access data not intended for User or logging into a server or account which the User is not authorized to
- attempting to test the vulnerability of the system or network or to breach security without proper authorization
- attempting to interfere with service to any User, host or network, by any means whatsoever without limitation.
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
PTW will prosecute any offenders to the fullest extent of the law. And will cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
Use of Content on the Site and Information Obtained from PTW
You may not reproduce (in any way) or distribute (in any form) the content contained herein; and PTW, our name, logo, and other intellectual property may not be utilized in any way without our expressed written permission.
Any statements contained within the Site regarding our members or testimonials are considered “forwarding looking statements” under the Federal Securities laws. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts and statements made by the company.
Reviews, Comments, Communications, And Other Content
When providing data through forms on our site, you may submit comments and provide other content so long as the content is not illegal, threatening, or defamatory and does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not, and you hereby warrant that the content does not contain software viruses, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the source or origin of the information.
By submitting information by any means to PTW, you grant PTW unrestricted use to reproduce, use, modify, publish, adapt, translate, distribute, display, print and reprint such content throughout the world in any media and for any purpose and acknowledge that such use is done so on a royalty-free, perpetual, and irrevocable basis. You recognize and accept that PTW will periodically send emails to you and that you will name us as a safe sender so that our emails will not end up in spam or be blocked.
You further represent and warrant that the content you provide is accurate to the best of your knowledge and you have not provided false or misleading data. Providing such data will immediately void your agreement with PTW and you will forfeit all monies paid and be obligated to complete your financial obligation. You further grant PTW a release from any and all liability for damages for use in any manner of your information and waive any and all claims and causes of action for damages for such use, including but not limited to, unauthorized use of your likeness, image, character or persona, violation of your right of publicity or privacy and for copyright and moral rights infringement or defamation.
Visitors and Members agree not to do any of the following:
- post or submit any incomplete, false or inaccurate biographical information or data which is not your own
- use any information obtained through PTW for any purpose other than for the purpose it was designed for
- copy or duplicate in any manner the content of PTW without express written consent from us
- frame or link to/from any area of our site (or its contents)
- decipher or reverse engineer any of the software related to PTW
Ownership of PTW (Right to Use, Sell, or Publish the contents of site (including hyperlinking to site, co-branding, and framing)
PTW is the sole owner of this website. Information (including information uploaded or provided by its Users) is copyrighted to PTW. Users have no rights whatsoever regarding the site content and release any such claims of ownership to PTW
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND PTW, ALL CONTENT, SERVICES, PRODUCTS, ADVICE, SUGGESTIONS, ASSIGNED TASKS, AND SOFTWARE PROVIDED ON THIS SITE OR BY PTW ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PTW, ITS AFFILIATES, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
YOU ARE SOLELY RESPONSIBLE FOR THE SERVICES OFFERED BY PTW. WE DO NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS IN ANY FORM WILL MEET YOUR REQUIREMENTS.
PTW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES. .
PTW cannot warrant that the site or our company will operate error-free or virus-free. PTW is not responsible for any damage that may or may not be caused by use of our site.
You agree to defend, indemnify, and hold harmless PTW, employees, affiliates, coaches, other staff members both salaried and on a per diem or project basis, and agents (“Indemnities”) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnities may incur (i) in connection with your involvement with PTW
All matters relating to your membership to PTW shall be governed by U.S. federal law or the laws of the State of Florida without regard to its conflict of law principles. Any legal action or proceeding relating to such shall be instituted in a state or federal court in the jurisdiction of the State of Florida. It will be further conducted in Palm Beach County, FL if so requested by PTW and permissible.
If any provision of our terms are deemed invalid or unenforceable, that determination will not affect the rest of these terms and the rest of the terms with be enforceable.
For contents & accuracy of reported and advertised information, PTW absolves itself from any responsibility for the accuracy of the content of this website or any materials it produces, distributes or compiles.
Users assume the risks of viewing, using, or relying upon this information. PTW, while taking all measure to ensure the accuracy of the information we provide, makes no such warranty that such information is, in fact, accurate. Our third-party affiliations operate independently and under the guidelines of their own set of Terms & Conditions and Privacy Policies.
PTW disclaims all warranties, whether expressed or implied, including the warranty of merchantability, fitness for a particular purpose, and non-infringement. PTW makes no warranties regarding accuracy, reliability, or completeness of the content, services, text, graphics, formulas, and/or links.
Copyright and Trademarks
All materials contained on the website and those distributed by Play to Win, PTW, or any of its representatives are copyrighted to Play to Win Corp. Two. All rights reserved.
For Damages & Liability
In no way shall PTW, its suppliers, or any third parties mentioned on our site or associated with us in any way be liable for any damages whatsoever resulting from the use or inability to use the our website for any reason regardless whether PTW advised of the possibility of such damages. PTW is not responsible for the content of any linked third-party site and does not make any representations regarding the content or accuracy of materials on such sites. If User decides to access linked third-party sites, it is done so at the User’s own risk.
PTW assumes no liability and makes no guarantees arising out of or in connection with any aspect of our site or services.
Credit Card Charges (Fraud / Payment Policy Payments / Refund Policy / Guarantee)
User warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which the purchase is being made, and is the true and authorized owner of the credit card. Any violations of these requirements may cause the User to be liable for civil or criminal prosecution. User also agrees to pay liquidated damages in an amount of $50,000 (US) per fraudulent transaction, plus actual damages. User also allows PTW to use additional information gathered from credit card companies on the User in its efforts to prosecute the User and prove credit card fraud.
PTW encourages all participants to pay via credit card through our registration portal on the website or via phone with one of our representatives.
FOR CONSULTING/COUNSELING SERVICES
You agree to the payment terms discussed with your family. It is further understood that from time to time, we may modify or eliminate existing plans or introduce new options – these changes have no impact on your plan.
If on a payment plan, all payments are expected no later than the date noted on the payment terms and summary issued by PTW. A reminder may or may not be sent to you. We do offer a grace period of 5 days from the due date after which time, the payment will be deemed as late. If payment is not made on time, PTW reserves the right to demand full payment of all outstanding monies. If you fail to make payment by the stated timeframes more than one time, PTW reserves the right to demand full payment of all outstanding monies plus a penalty of 25% of the total original fee owed. Failure to meet these demands will result in a complete suspension and/or termination of all services and PTW will seek all remedies for complete payment plus all fees (including legal) associated with its efforts to collect said monies plus the previously stated penalty of 25% of agreed upon full fee. In an effort to avoid such penalties and processes, you agree to allow PTW to attempt to charge the outstanding payment to a different credit card that you may have on file or used with the company. If that occurs, and that card fails as well, PTW will seek immediate relief through all means.
In no case will PTW be responsible for any of your travel fees (or travel-related fees), entry fees, instruction fees or lessons, or any other related or unrelated fees associated with playing on a team, attending a camp, participating in a showcase or other event associated with PTW or not, or any fee whatsoever.
FOR SHOWCASE/EVENTS VIA CREDIT CARD
You agree to the following payment terms and conditions:
1. Payment in full is due upon registering for the event.
2. Participation in said event is secured only upon funds being deposited into our account
PTW refund policy is noted below. In all cases, refund requests MUST be made in writing and emailed to firstname.lastname@example.org with the words: REFUND REQUESTED in the subject line. You must also provide a valid reason for requesting such a refund. PTW may ask for additional supporting documentation before authorizing a refund.
For our consulting services
The following policies are in place after the initial payment of the fee is received:
1. You may cancel within 5 days for full no questions asked refund
2. If you cancel after 5 days, but before 20 days, payment in order to equal 75% of the agreed upon FULL fee will be owed immediately and our service will be discontinued.
3. If you cancel after 20 days, no refund will be offered and the complete financial obligation will be expected. Failure to honor said commitment will bring about legal proceedings whereby You will reimburse PTW all fees (including legal) associated with its efforts to collect said monies plus a penalty of 25% of agreed upon full fee.
For our Showcase/Events
The following policies are in place after payment of fee is received:
1. Your inclusion the event is only guaranteed once payment is received.
2. 100% refund if cancelled (in writing) at least 30 days prior to the event.
3. 50% refund if cancelled 20-29 days prior to the event.
4. No refunds/credits can be granted if less than 20 days notice is provided.
5. No refunds/credits will be granted due to a cancellation or change in venue or itinerary due to an Act of God, Weather, Field playability, Legal prohibition, or other unforeseen circumstances beyond our control.
6. By participating in any baseball workouts or events run or sponsored by PTW or affiliated in any way with PTW, you agree to hold PTW, its employees and sub-contractors, and others affiliated with PTW (either directly or indirectly) completely harmless if any injury (physical or otherwise) or harm is caused by attending or participating an event. It is understood that injuries can occur from the equipment used (balls, bats, etc), the field conditions, or other not mentioned variables and you waive all claims against PTW (employees, and affiliates), sub-contractors, and others affiliated with PTW and the event(s). No refunds/credits will be granted due to a cancellation or change in venue or itinerary due to an Act of God, Weather, Field playability, Legal prohibition, or other unforeseen circumstances beyond our control.
Promises Made & Agreement
PTW promises that all efforts will be made in order for you to receive the best counsel and guidance regarding the college recruiting process. We believe we will increase your opportunities for an offer to play ball in college by educating your family and counseling you on the schools of interest to you. We also believe that through your own means, you will enhance your opportunities to play in college. We will discuss the schools that best match your criteria for college based on family discussions (with the academic component playing the most significant role). Other factors include, but are not limited to, courses of study, geography, cultural aspects, and family background. We will also discuss the pros and cons of various camps and/or showcases that would make sense in order for you to increase your exposure to colleges and coaches. Included in our counseling will be the merits and distinctions between the standardized tests (ACT v SAT), course load and selection, and other academic related topics.
With so many factors influencing the offer process, guarantees of an offer to play in college cannot and will not be made by PTW. We can only promise to put forth diligent effort and care to exceed all reasonable expectations.
We are not a database driven organization. We are not a recruiting or scouting service. We are your guide, your counselor, your coach through the college search process.
Not an Agent
PTW is NOT an agent of the Student-Athlete and as such will not get involved in the actual transaction between the Student-Athlete and college(s). We serve in the capacity of athletic and academic counselor and consultant. The decision of a school to show an interest and/or make an offer to play ball to our student-athletes is strictly at the school’s discretion. PTW will not “sell”, “market”, or “negotiate” these efforts and we will never discuss the financial offering of a school to a player or family – that must be conducted by the player (and his/her family) directly with the coach/school. Additionally, PTW will take no role whatsoever at the professional level. We will not offer opinions, direction, or counsel of any kind as it relates to the professional game.
Critical NCAA and NAIA Rules
Users, Players, Families, Coaches, and all others coming into association with PTW are responsible for their own actions. Users are responsible for knowing the NCAA and NAIAs rules, regulations, and laws. Users are responsible for abiding by the rules, regulations and laws. PTW is not responsible for coaches, athletes, or others using The Company’s services who violate NCAA or NAIA rules and regulations. We believe any such violations to be serious in nature regardless of the actual infraction. As such, violators are subject to account termination. PTW has the right to terminate membership of any User who (in our sole discretion) has violated said rules and regulations.
Email & Other Communication
Your comments and opinions are important to us. Please note, however, that unless specifically requested, any creative ideas or suggestions (“Ideas”) you offer or provide become the exclusive property of PTW and are not subject to any confidentiality on our part and we are not liable for any use or disclosure of said information. PTW shall own all rights to these Ideas and shall be entitled to unrestricted use of the same for any purpose whatsoever, commercial or otherwise, without compensation to the User or any other person.
User agrees, as part of the required consideration, that any cause of action (even though all rights have been waived by the User) will take place in Palm Beach County, Florida.
Terms Accepted & Final Acceptance
How To Contact Us
Should you have other questions or concerns about these privacy policies, please email us at email@example.com or mail questions to:
Play to Win Corp.
4521 PGA Blvd – #330
Palm Beach Gardens, FL 33418
Terms & Conditions – Effective Date (and Changes) April 2014