Play to Win Corp Two (“PTW”) safeguards your personal information for a time period so as to carry out our objectives. Acceptance of our Terms is required to become a client of PTW. Services are not offered to those under the age of 13. PTW reserves the right to deny access to anyone or company for any reason whatsoever and you agree not to bring any legal action pertaining to any of these decisions.
PTW stores the names of our clients in our database. Your data is not publicly available and can not be accessed by 3rd parties or those not employed by PTW. We do produce or publish a list of current or past clients.
Other Information Gathered
PTW may have hyper-linked sponsors. PTW cannot be held responsible for the data collected by these third parties or used by them or related partners in any manner. You understand that
PTW has no control over the use of data by any 3rd party company
PTW takes no responsibility over the accuracy or content of advertisers and is not responsible for downloads from 3rd parties
PTW assumes no responsibility for data garnered in any way from the advertiser.
The Information We Collect:
Includes, but is not limited to, the following:
Name and Address (of student athlete and guardian(s))
Email addresses and Phone numbers (of student athlete and guardian(s))
Payment details (Debit/Credit/ACH) - Not stored by PTW. Payment details/transactions are stored and executed by Square.
Scholastic, Athletic, and other Miscellaneous Information
The Way We Use Information:
We use your information to assist in providing our service. We do not share this with outside parties except to the extent necessary to facilitate our services. We will use this information only as it relates to our services (providing guidance regarding the academic and baseball components of colleges and universities).
You acknowledge that you may receive emails from us regarding, but not limited to, the following:
Itineraries, Announcements of a new service or program from us or our advertising partners
Updates to our site, services, or programs, Communication protocols to follow
Encouragement to participate in various activities offered through or endorsed by PTW
Newsletters and/or announcements
Other Distribution of information And Disputes & Legal Recourse
PTW works with business partners (for payments, marketing, development, etc.) who may have access to your details. Their access is limited only to the extent needed to perform their functions and for no other purpose. 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.
Periodically, our Terms may change. You are encouraged to check routinely to ensure you are up to date and informed.
Parties to the Terms & Conditions
Clients, event attendees, affiliates, customers, and others, are referred to herein as "Users", are parties to this agreement.
Use of PTW Information
Distribution or reproduction of the information (by any means) without expressed written permission from PTW is strictly prohibited. Unlawful use may require User to pay liquidated damages in the amount of $100,000 (US) and the actual costs and damages for such breach. Information includes site content, the PTW name (in all forms), logo, and other intellectual property. Any statements made by PTW through any means are considered "forwarding looking statements" under the Federal Securities laws. No assurances are made that future results will be achieved and actual results could differ materially from statements made by PTW. Registration is not automatic and can be subject to review by PTW. In our sole discretion, a determination will be made. Our decision is final and you waive all rights against PTW for our decision.
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 to reproduce in any form, modify, publish, distribute, display, print without restriction and on royalty-free, perpetual, and irrevocable basis. Providing false or misleading data (intentionally or otherwise) or communicating with PTW in an unprofessional, abusive, or accusatory manner will not be tolerated and voids this agreement and you forfeit monies paid and must complete the total financial obligation. You grant PTW a release from any and all liability for damages for use of your data and waive any and all claims and causes of action for damages. Also, you are required to provide your latest transcript routinely by January 15 and July 5 of each year.
Ownership of PTW (All rights therein: Right to Use, Sell, or Publish the contents of site, etc)
PTW is the sole owner of this website. Information (including uploads 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.
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 determination will not affect the rest of these terms. For contents & accuracy of reported/advertised data, PTW absolves itself from any responsibility for the accuracy of the content of this website or materials we produce, distribute or compile. Users assume all risks related to this information. PTW makes no such warranty that such data is, in fact, 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. PTW makes no warranties regarding the 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.
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 of these requirements 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 card 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 not made on time, PTW reserves the right to demand full payment of all outstanding monies. Accounts will be assigned to collection agency for receipt after 20 days past due. If you fail to make such payments, PTW reserves the right to demand full payment of outstanding monies plus a 30% penalty of the total original fee. 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 may have on file or used with the company. Additionally, PTW reserves the right to collect full payment upon acceptance of an offer from a college to play baseball 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
FOR TEST PREP & RELATED EDUCATIONAL SERVICES
You agree to the payment terms discussed with your family. If on a payment plan, you authorize PTW (through Square MP) to charge your card now and for future payments through Square. There is no grace period. Payment is due upon receipt. If payment is not made on time, PTW reserves the right to demand full payment of all outstanding monies. Accounts will be assigned to collection agency for receipt after 20 days past due. If you fail to make payment such payments, PTW reserves the right to demand full payment of outstanding monies plus a 30% penalty of the total original fee. 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 penalties/processes, you allow PTW to charge outstanding payment to any credit card you may have on file or used with the company.
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 the event is guaranteed once payment is received.
2. 100% refund (less a $75 processing fee) if cancelled at least 45 days prior to the event.
3. 50% refund (less a $75 processing fee) if cancelled 30-44 days prior to the event.
4. No refunds/credits offered if less than 30 days notice is provided. Unfortunately 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, or other unforeseen circumstances beyond our control.
6. 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 participating/attending a PTW event. It is understood that injuries can occur from the equipment used (balls, bats, etc), 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).
7. Credit/refund policy for cancelled workouts due to COVID-19 (this policy will expire on January 31, 2021 unless extended by PTW):
* 2021's will receive a 100% refund less the $75 processing fee
* 2022's, 2023's, and 2024's can roll the fee into another 2021 workout and lock in the price (even if there is an increase) or get a full refund less the $75 processing fee.
For our Standalone Video Production Services (not in conjunction with an event)
The following policies are in place after the 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 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 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.
For our Test Prep and related Educational 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. Cancellations after that peiod will not be honored
2. If you fail to reschedule an assigned tutorial class with an instructor, you will forfeit that class. We will honor a 10 minute grace period if you are running late.
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) and/or collection agency fees) associated with its efforts to collect said monies plus a penalty of 30% of agreed upon full fee.
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 will enhance those opportunities. We will discuss the schools that best match your college criteria based on family discussions (academics plays the most significant role). Other factors include courses of study, finances, geography, cultural aspects, and family background. We will discuss the pros/cons of various camps and/or showcases to help increase your exposure to coaches. Included will be the merits between the standardized tests (ACT v SAT), courses selected, and other academic related topics. Likewise, our experience with our Test Prep and Educational Serivces indicate that with your diligence and adhering to the plan, you improve your chances of raising your score if taking it for a subsequent time or scoring higher than you otherwise would have if taking it for the first time. With many factors influencing the process, guarantees of offer(s) to play in college or higher test scores or grades are not made by PTW. We promise diligent effort and care. 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 relationhip 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 responsible for knowing the NCAA and NAIA rules, regulations, and laws. Users are responsible 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 actual 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.
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.
How to Contact Us
Questions or concerns about these Terms should be emailed to: email@example.com or mailed to:
Play to Win Corp., 4521 PGA Blvd - #330, Palm Beach Gardens, FL 33418
Terms - Initially Effective Date April, 2014 and subject to change without Notice