Terms of Service
Last Updated 8 December, 2020
Thank you for your interest in the Association of Ethical Tennis Coaches and Players and wholly owned division of Global Tennis Professionals, Inc. (“ Association” “GTP” “we” “us” or “our”), www.association.globaltennisprofessionals.com (the “Website”), its mobile platforms, GTP Connect services, Operating Agreement, contracts, contract extensions and accountability logs and other products and services (“Services”). We are pleased to offer the Services to you in accordance with these Terms and Conditions of Use (“Terms”). The Terms govern our relationship with you and create a legally binding contract. For that reason, please read the Terms carefully.
By using the Services, you agree to the Terms. If you do not agree with any of the Terms set forth herein, please simply stop using the Association and send us an email about your concerns (see www.association.globaltennisprofessionals.com for contact info). Please note that we may update the Terms from time to time as explained in more detail below.
1) Introduction: Who Can Use the Services
To use the Services, you must be able to form a legally binding contract with the Association. By using the Services, you affirm that you are: (i) at least 18 years of age, (ii) an emancipated minor, or (iii) at least 13 years of age and you received the consent of your parent or legal guardian. If you are under the age of 13, you may not use the Services. If you are under 16, you must ask your parents or a guardian before you (a) e-mail the Website, or ask the Association to email anything to you; (b) send in any information to the Association or register for the Association’s Services; or (c) buy or pay for anything on our Website. By continuing to use this Website and the Association’s Services, you are confirming that you have obtained the consent of your parents or legal Guardian. When you apply for certification or register as user of an Association account, you must provide accurate and complete information. The Website and Association Services are operated by The Association of Ethical Tennis Coaches and Players Association which is registered in the State of Florida with document number L19000073938 with principal address of 340 Royal Poinciana Way STE #604, Palm Beach FL 33480 , and use of, the Website are at all times at the sole discretion of the Association and the use of the Website is only available to a user with the consent of the Association. The Association reserves the right to withhold consent to your use of the Website at any time notwithstanding that you may have had previous use of the Website.
2) Rights the Association Grants to You
With certain features, you can save personal information, images, videos, text, contact information, and other materials (referred to as “Content”) to access at a later time. You are solely responsible for this Content. You shall not, at any time, use the Services to save Content that is illegal or infringes the privacy, publicity, or intellectual property rights of others. And you shall not use the Services to bully, harass, intimidate, or defame anyone.
You must also respect the Association’s rights, meaning you shall not:
- use the Association’s logo, trademark or branding without the Association’s prior written consent (although upon Certification this use is granted. Upon the de-certification this permission is immediately removed);
- distribute any part of the Services without the Association’s prior written consent;
- attempt to alter, break, circumvent, disrupt, or reverse engineer any part of the Services;
- attempt to manipulate or influence any part of the Services;
- use or launch any automated means (including scripts, bots, crawlers, spiders, and scrapers) to create accounts, access, or use the Services;
- sell access to the Services;
- share your password, let anyone access your account, or do anything that might put your account at risk;
- use the Services to develop a product or service that is competitive or similar to the Services; or
- use the Services in violation of any applicable law or regulation.
3) Rights You Grant to the Association
Much of the content on the Website, including text, images, and videos, is protected by copyright and/or other intellectual property rights. When you use the Services to save Content (referred to as “Your Content”), you are solely responsible for that Content. So that we can provide the Services to you, you grant the Association and its Managers a non-exclusive, royalty-free, transferable, sub licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute Your Content.
After you or the Association terminates or deactivates your account, or you remove Your Content from the Association, we may retain Your Content for a commercially reasonable period of time notwithstanding any breach or default on your own that would require us to utilize your information. Nothing in these Terms, however, shall restrict other legal rights the Association or its Managers may have to Your Content. For example, if Your Content is in the public domain and the Association or its Managers have another license to Your Content, then we may retain the Content indefinitely or in accordance with the terms of the other license. We reserve the right to remove or modify Your Content for any reason and at any time. For example, if Your Content violates these Terms, we may remove or alter it in order to bring it into compliance. For more specific information about how the Association uses the Content you save, please see our Policy.
While it may monitor, remove or delete transmissions to the Website, the Association is under no obligation to monitor, remove, or delete transmissions. The Association exercises no editorial review and assumes no responsibility for misleading, fraudulent, defamatory, libelous, threatening, harassing, or illegal information supplied to the Website; provided, however, that the Association may take any action with respect to any information that the Association deems in its sole discretion is necessary or appropriate, including the deleting of any such Content. You agree to promptly report any suspicious or unauthorized use of the Website to the Association. The Association and its managers reserves the right to monitor any and all activity on the Website, and the Association and its managers may notify the proper law enforcement officials if any suspicious activity is suspected or detected.
4) Association Application, Registration and Membership.
All parties who wish to be certified within the Association of Ethical Tennis Coaches and Players (the “Association”) are required to have an Association membership (“Membership”) which is valid for the current calendar year and agree to be bound by these terms and conditions as well as the Associations Operating Agreement which may be found during the Application process.
To obtain your certification with the Association you must register with the Association by (1) understanding completely and agreeing to comply with the Operating Agreement governing our Association; (2) completing the applicable application form; (3) paying the application fee; and (4) agreeing to the yearly membership fee; and (5) if a Provider (Coach, Trainer or Academy) providing W-9 and banking information to ensure you are compensated properly (6) all Members complying and consenting to a Level 1 background check. Any party with a Membership shall agree to comply with our Policy and these Terms. Coaches, Trainers, Academies, Athletes, Minor Athletes and their Guardian and Guardians who are accepted into the Association will be granted access to, and use of the Association Services for the specific calendar year from 1 January to December 31.
5) Feedback You Provide
The Association is constantly evolving, and we hope that you will tell us how we can improve the Services through our Contact Us form or Message board forum. If you provide us with any feedback, you agree that we may use the feedback without restriction and without providing any compensation to you. By accepting your feedback, the Association and its managers do not waive any of its rights to any intellectual property that the Association and its managers developed independently or obtained from other sources. Please do not share information with the Association that you, or a third party to whom you owe a duty of confidentiality, consider to be confidential.
6) Copyright Policy
The Association respects the intellectual property rights of others and expects you to do the same. The Association and its managers reserves the right to terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Copyright Infringement Notification
The Digital Millennium Copyright Act of 1998 (“DMCA”) specifies rules for proper notification and takedown of infringing Content. In accordance with these rules, if you are a copyright owner and believe that any Content infringes upon your copyrights, you may submit a notification by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Association to locate the material.
- Information reasonably sufficient to permit the Association to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner which is the subject of the complaint is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that the Association may not consider your DMCA notice if you do not include all of the above information. Our copyright agent may be reached at firstname.lastname@example.org or:
Global Tennis Professionals Inc.
Attention: Association Copyright Agent
340 Royal Poinciana Way
STE 328 #604
Palm Beach, FL 33480
You may also submit DMCA notices using our online form (when available).
If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to save and use the material in Your Content, you may send a counter-notice containing the following information to the Association’s copyright agent:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Southern District of Florida and that you will accept service of process from the person who provided notification of the alleged infringement.
If the Association’s copyright agent receives a counter-notice, the Association may send a copy to the original complaining party informing that person that it may replace the removed Content or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days after receipt of the counter-notice, at the Association’s sole discretion.
7) Right of Control and Termination
The Association may terminate or suspend your account at any time, for any reason, and with or without notice to you. Upon termination or suspension, you continue to be bound by these Terms. The Association and its managers reserves the right, at its absolute discretion and without assigning a reason, to refuse any certification to the Association or renewal. Any person who is found to have been in breach of these Terms reserves the right to suspend or cancel at any time and without notice the membership of any person. No refunds will be made on early termination of membership unless otherwise agreed to in writing with the Association. Your certification into the Association does not entitle you to attend or to vote at Association general meetings and you will be liable for any charges suffered or incurred by the Association and its managers as a result of any rejected payments.
8) Your Account and Conduct
You as a certified member of the Association are personally responsible for securing the confidentiality of your Association account and password details and to ensure there is no unauthorized access to your personal account from your personal computer. You are responsible and agree to all activities that occur under your Association account and password. Your profile and password are non-transferable. You must notify the Association immediately if you feel for any reason that your password has become known to any entity or if it is being used in an authorized manner to access your account. You are responsible for ensuring all information uploaded to your profile page is accurate and up to date and at any time you may examine this data and make amendments to it.
9) Warranty Disclaimer
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE ASSOCIATION ITS MANAGEMENT COMPANY, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “PARTIES”) DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY CONTENT, AND YOU AGREE THAT THE ASSOCIATION PARTIES WILL HAVE NO LIABILITY ARISING FROM YOUR USE OF OR ACCESS TO CONTENT.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK AND THAT YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE. THE PARTIES AND ASSOCIATION SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THE SERVICES ARE CONTROLLED AND OFFERED BY THE ASSOCIATION FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. THE PARTIES AND ASSOCIATION MAKE NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10) Limitation of Liability / Waiver
IN NO EVENT SHALL THE PARTIES OR ASSOCIATION BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (A) USE, INABILTY TO USE, OR PERFORMANCE OF THE SERVICES, (B) CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (D) ANY UNAUTHORIZED USE OR ACCESS TO THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREWITH, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT SAVED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PARTIES AND ASSOCIATION ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE PARTIES’ AND ASSOCIATION TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of lost data.
11) Disputes / Indemnity
If anyone brings a claim against any of the Parties or Association related to your actions or Content you save, you agree to defend, indemnify and hold harmless the Parties and Association from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. This defense and indemnification obligation will survive these Terms and your use of the Services.
You agree that the Services shall be deemed solely based in the County of Palm Beach, Florida (USA) and do not give rise to personal jurisdiction over the Parties or Association, either specific or general, in jurisdictions other than Florida. These Terms shall be governed by the internal substantive laws of Florida without respect to its conflict of laws principles.
You agree to resolve any claim, cause of action, or dispute (“claim”) you have with the Parties or Association arising out of the Services exclusively in a court of competent jurisdiction located in Palm Beach County, FL (USA), and you agree to submit to the personal jurisdiction of such a court for the purpose of litigating all such claims. YOU SHALL BRING ANY SUCH CLAIM WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.
12) Entire Agreement / Severability
13) Revisions of the Terms
The Association reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. The most current version of the Terms will always be posted on our Website. Your use of the Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. If you do not agree to the new terms, please stop using the Services.
These Terms, and any rights and licenses granted in these Terms, may not be transferred or assigned by you, but may be assigned by the Association and its managers without restriction. Any attempted transfer or assignment in violation of these Terms shall be null and void.