Parties to the Terms & Conditions
Clients, event attendees, affiliates, customers, and others, are referred to herein as “Users”, are parties to this agreement.
Play to Win Corp Two (“PTW”) safeguards your information for a time period so as to carry out our objectives. This data is not publicly available and can not be accessed by 3rd parties nor do we produce/publish a list of current or past clients. Acceptance of our Terms is required to become a client of PTW. Services are not offered to those under the age of 13. PTW may deny access to anyone/company for any reason and you agree not to bring legal action pertaining to these decisions.
The Information We Collect:
Includes, but is not limited to, the following:
You acknowledge that you may receive emails from us regarding, but not limited to, the following:
Other Distribution of information And Disputes & Legal Recourse
PTW works with business partners (for payments, marketing, etc.) who may have access to your details. Their access is limited to the extent needed to perform their functions. PTW cannot be held responsible for the data collected or used by these third parties or related partners in any manner. You waive all claims/legal rights (legal or otherwise) against PTW concerning loss, alteration, results, or misuse of data (whether intentional or not) now and for always. You will indemnify (including attorney’s fees) and hold PTW harmless for all claims related from the data you provide or from our efforts on your behalf and/or through your involvement with PTW.
Use of PTW Information
Distribution or reproduction of the information without written permission from PTW is prohibited. Unlawful use may require User to pay damages of $100,000 plus actual costs and damages for such breach. Information includes site content, the PTW name (in all forms), logo, and other intellectual property. Any statements by PTW are considered “forwarding looking statements” under the Federal laws. No promises are made that future results will be achieved and actual results could differ materially from statements made by PTW.
Comments, Communications, Information, And Other Content Provided by User
When you provide data, it may not be illegal, threatening, defamatory, or contain viruses. You grant PTW unrestricted use and on royalty-free, perpetual, and irrevocable basis to use as needed. Providing false or misleading data (intentionally or otherwise) or interfacing with PTW in an unprofessional, abusive, or accusatory manner is not tolerated and voids this agreement and you forfeit monies paid and must complete the total financial obligation. You are required to provide your transcript routinely on Jan 15 and Jul 5 of each year.
Ownership of PTW (All rights therein: Right to Use, Sell, or Publish the contents of site, etc)
PTW owns the website. Information (including uploads or provided by Users) is copyrighted to PTW. Users have no rights regarding the site content and release any claims of ownership to PTW.
All matters relating to your involvement with PTW are governed by U.S. federal law or the laws of Florida without regard to its conflict of law principles. Any legal action/proceeding relating to such shall be instituted in a state or federal court in the Florida jurisdiction. It will also be conducted in Palm Beach County, FL if requested by PTW. If any provision of our terms is deemed invalid/unenforceable, that will not affect the rest of these terms. PTW absolves itself from any responsibility for content accuracy of this website or materials we produce, distribute or compile. Users assume all risks related to this information. PTW makes no warranty that such data is accurate. 3rd-party affiliations operate independently and under their own Terms.
PTW disclaims all warranties, whether expressed or implied, including the warranty of merchantability, fitness for a particular purpose, and non-infringement.
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.
Credit Card Charges (Fraud, Payment Policy, Refund Policy, Guarantee)
User warrants that he is 18+ years of age and of legal age to enter into contractual agreements in the state in which the purchase is being made and is the authorized owner of the credit card. Violations may cause the User to be liable for civil or criminal prosecution. User agrees to pay liquidated damages in an amount of $50,000 (US) per fraudulent transaction, plus actual damages. User allows PTW to use data 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/debit card or ACH payment through our registration portal on the website.
FOR CONSULTING/COUNSELING SERVICES
You agree to the payment terms discussed with your family. If on a payment plan, you authorize PTW (through 3rd party Merchant Processor) to charge your card now and for future payments. There is no grace period. Payment is due upon receipt. If payment is late, PTW reserves the right to demand full payment of all outstanding monies plus a 30% penalty of the original amount. Accounts will be assigned to collection agency for receipt after 20 days past due. Failure to meet these demands will result in suspension and/or termination of services and PTW will seek remedies for complete payment plus all fees (including legal and/or collection agency fees) plus aforementioned 30% penalty. To avoid such actions, you allow PTW to charge outstanding payment to any credit card you have on file or used with the company. PTW reserves the right to collect full payment upon acceptance of an offer from a college or the submission of a college application – whichever comes first. In no case will PTW be responsible for any of the following fees: travel, entry, instruction, team, camp, showcase or other events associated with PTW or not, or any fee whatsoever.
FOR WORKOUTS/EVENTS/VIDEO PRODUCTION VIA CREDIT CARD
You agree to the following payment terms and conditions:
1. Payment in full is due upon registering.
2. Participation in said event is secured only upon funds being deposited into our account
PTW refund policy is noted below. 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 such a refund. PTW may ask for additional supporting documentation before authorizing a refund.
For our Workouts/Events
The following policies are in place after payment of fee is received:
1. Your inclusion is guaranteed once payment is received.
2. 100% refund (less a $100 processing fee) if cancelled > 45 days prior to the event.
3. 50% refund (less a $100 processing fee) if cancelled 30-44 days prior to the event.
4. No refunds/credits offered if < 30 days notice is provided. We cannot make any exceptions to this policy.
5. No refunds/credits granted due to a cancellation or change in venue or itinerary due to Act of God, Weather, Field condition, Safety Concerns or other unforeseen circumstances beyond our control.
6. If PTW cancels an event, you may qualify for a refund if a request is made within 20 days from the day cancellation was announced
7. You agree to hold PTW, its employees and sub-contractors, and others affiliated with PTW (directly or indirectly) completely harmless if any injury (physical or otherwise) is caused by attending or participating in a PTW event. Please note injuries can occur from the equipment used (balls, bats, etc), field conditions, or other not mentioned variables. You waive all such claims.
For our Standalone Video Production Services (not in conjunction with an event)
The following are in place after initial payment of the fee is received:
1. You may cancel within 2 days for full no questions asked refund
2. After 2 days, no refunds can be provided as the evaluation and review of the videos has begun and in many cases so too have the graphics and editing processes
For our Consulting Services
The following policies are in place after initial payment 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 expected 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 collection and/or legal proceedings whereby You will reimburse PTW all fees (including legal) and/or collection agency fees) associated with its efforts to collect said monies plus a penalty of 30% of agreed upon full fee.
4. Please note that if you verbally commit to a school and then “decommit”, PTW will impose and collect an additional fee of $5,000. Commitments and the word of our clients must be held to a high standard. Coaches must know PTW client commitments are honored. This fee should discourage any decommitments.
5. If you choose, without the acknowledgement and agreement of PTW, retake a school year, take a Gap Year, or enroll as a Post-Grad Student, PTW will impose and collect an additional fee of $1,500.
Promises Made & Agreement for Consulting Clients and/or Educational Services Clients
PTW promises all efforts will be made for you to receive the best counsel/guidance related to the recruiting process. We believe we can increase opportunities to play ball in college by educating your family. Through your own means, you’ll enhance those opportunities. We will discuss the schools that best match your college criteria based on family talks (academics plays the most significant role). Other factors include majors, finances, geography, culture, and more. We consider the pros/cons of showcases and/or camps to help increase your exposure to coaches. Included are the merits between the standardized tests (ACT v SAT), courses selected, and other academic topics. Should you wish to transfer schools, PTW reserves the right at its sole discretion, to collect a fee equal to 60% of the original consulting fee paid when you initially became a client. We further promise diligent effort and care and to maintain and foster a positive relationship with your family. When made an offer, an Early Decision Application may be required. As counselors, we are not database driven, nor are we a recruiting/scouting service.
Not an Agent
PTW is NOT an agent of the Student-Athlete and does not get involved in the actual transaction between Student-Athlete and college(s). We serve in the capacity of counselor/consultant. The decision of a school to show interest and/or make an offer to play ball to our student-athletes is strictly at the school’s discretion. Once you commit to a school (whether in writing or verbal), we considered you committed to that school and if you should “decommit”, you will still be responsible for the entire financial obligation but we will consider our relationship terminated and beyond repair. PTW will not “sell”, “market”, or “negotiate” our efforts and we will not discuss the financial offering made by a school – that must be conducted by the player (and his/her family) directly with the coach/school. PTW takes no role whatsoever related to the professional level.
Critical NCAA and NAIA Rules
Users and all others coming into association with PTW are responsible for their own actions. Users are encouraged to know the NCAA and NAIA rules, regulations, and laws and for abiding by the same. PTW is not responsible for Users who violate NCAA or NAIA rules and regulations. We believe any such violations to be serious in nature regardless of the infraction. Violators are subject to account termination. PTW has the right to end the relationship of any User who (in our sole discretion) has violated said rules and regulations.
Email & Other Communication
Your comments and opinions are important. Please note, 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 without compensation to any person or entity.
How to Contact Us
Questions or concerns about these Terms should be emailed to: email@example.com or mailed to:
Play to Win Corp., 6671 W. Indiantown Rd, STE 50-146, Jupiter, FL 33458
Terms – Initially Effective Date April, 2014 and subject to change without Notice