Last Updated: August 5th, 2023
These Terms of Service (“Terms”) apply to any Guest/Participant and/or the Parent/Guardian of the Guest/Participant (collectively, “You” or “Your”) that access to and use of the ALE Tennis Academy website: www.aletennis.com (the “Website”) and/or participate in any services, lessons, camps, training, events, and other programs provided by ALE ACADEMY, LLC, d/b/a ALE Tennis Academy, and our parents, subsidiaries and affiliates (collectively, “ALE,” “we” or “us”) and the features, and services, and programs offered through the Website (collectively with the Website, our “Service”). By accessing or using our Service, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14, do not access or use our Service.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with ALE, or its subsidiaries or affiliates, for products, services or otherwise, including enrollment agreements or program terms that apply to enrollment in or attendance to ALE’s lessons, camps, training, events, and other programs we offer (“Program Terms”).
If you have any questions about these Terms, our Service or our events or programs, please contact us at email@example.com.
You must be at least 13 years of age to access or use our Service. However, certain features of our Service, such as registering for ALE schools, camps, training, events, and other programs we offer (“ALE Academy, LLC Programs”), require that you be 18 years of age or older and have a valid payment method that you are authorized to use. If you are accessing or using our Service on behalf of another person or on behalf of an entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
Our Website and Service may allow you to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, “User Content”). Except for the license you grant below, and Feedback as set forth in Section 4 below, you retain all rights in and to your User Content, as between you and ALE.
You grant ALE a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username) may be visible to the public. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Website; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
PROHIBITED CONDUCT AND CONTENT
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Service. You will not:
Enforcement of the user content or conduct rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Website Service will not contain any content that is prohibited by such rules. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about ALE or our Service or ALE Tennis Academy Programs events (collectively, “Feedback”) is non-confidential and will become the sole property of ALE. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
PAYMENT & COLLECTION
All payments to ALE Tennis Academy/ALE Academy, LLC for Service or Product Fees for Your Account must be made using means of payment that we may approve from time to time. We currently require payments to be made by a major credit card (i.e., VISA & MasterCard) or ACH bank transfer. All payments must be made from a payment source on which you are the named Account holder. All payments are not refundable, for any reason. Payer is responsible for keeping record of all payments made to ALE.
All fees must be paid in advance, before any service(s) or product(s) is given. You will be charged in advance for the Services at the beginning of each monthly cycle (“Billing Date”). If we do not receive the full amount of your Service Fees within 5 days of the Billing Date, a late payment charge may be added to your bill and immediately become due and payable. Your account will be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within 30 days of cancellation or termination of the Services. We may change our fee structure at any time with fifteen (15) days of notice.
You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Site. You waive your right to dispute any payment made into Your Account and you will bear all costs.
Any attempt to defraud the Site through the use of credit cards or other methods of payment, or any failure by you to honor charges or requests for payment will result in immediate termination of Your Account and civil and/or criminal prosecution.
In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block Your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.
COLLECTION FEES AND ASSOCIATED COSTS
In the event that ALE must retain a collection agency or law firm to collect past due balances owed to us, you agree to pay any and all collection agency fees, court costs, attorney fees or incidental costs associated with collecting.
PROCESSING OF ACCOUNT PAYMENTS
Company may use third party electronic payment processors (“Merchant”) and/or financial institutions to process financial transactions. You irrevocably authorize us, as necessary, to instruct such Merchant to handle such transaction and you irrevocably agree that ALE may give such instructions on your behalf in accordance with your requests as submitted on the Site. You agree to be bound by the terms and conditions of use of Merchant, and in the event or conflict between these Terms and the Merchant terms and conditions then these Terms shall prevail.
For Private or Semi-private Lessons only: Full amount paid may be credited toward a future lesson(s) if cancellation notice received at least 24 hours in advance. Cancellations received less than 24 hours before scheduled lesson will result in forfeiture of all fees.
Cancellations due to medical or unforeseen real emergencies will be handled on an individual basis depending upon the circumstances involved and timing of notification to our Staff.
In case of raining during a lesson, players will continue their lesson at indoor facilities if available and class structure may be modified to suit the facilities available. If indoor facilities are not available and more than half of the time of the lesson have been completed, the lesson will be considered as completed. If indoor facilities are not available and less than half of the time of the lesson have been completed, the remaining portion of the lesson will be made-up as per agreement between coach and parents/players within 30 days from the rainy day.
For Play Days session there is no makeup option available in case of rainy days, and these Play Days sessions can be used as make-up days of previous cancelled lessons.
Illness and unforeseen family emergencies with prior notification to the ALE staff will be handled on an individual basis depending upon circumstances involved.
Absences without prior notification will NOT be allowed to be made up.
You acknowledge and agrees the information provided on the registration form and process is complete and accurate. You hereby release, waive, and discharge ALE Tennis Academy/ALE Academy, LLC and its staff, contractors, instructors, representatives, and authorized guests from any and all claims, demands, damages, costs, expenses, and causes of actions whether in law or equity in respect of injury, loss or damages to your child/person or property or death, whether as a participant, competitor, spectator or other prior to, during, or subsequent to any function of activity related to ALE.
You further undertake to hold or save harmless and agree to indemnify the releases from and against any and/or all liabilities incurred by any and/or all arising as a result or in any way connected to the participation of any and/or all activities at ALE operating facilities.
You acknowledge having read, understood and agree to the above Release, Warranty and indemnity:
You certify that you are the Guest/Participant and/or the Parent/Guardian of the Guest/Participant and agree to these terms and conditions as evidenced by your digital signature and participation on the program(s).
You give your consent to be contacted by ALE thru the contact information provided.
You give your consent for the use of photographs/videos of your child/person for all ALE publicity and marketing purpose, including for the ALE website, social media and for ALE releases to the public media.
Any and all offers or promotions advertised on this Service are void where prohibited and are subject to the posting of any official rules to such offers or promotions.
COPYRIGHT AND TRADE MARK
Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “ALE Content”) are owned by or licensed to ALE and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, ALE and our licensors reserve all rights in and to the Service and the ALE Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Service and ALE Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Service or ALE Content; (b) copy, reproduce, distribute, publicly perform or publicly display ALE Content, except as expressly permitted by us or our licensors; (c) modify the ALE Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Service or ALE Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use the Service or ALE Content other than for their intended purposes. Any use of the Service or ALE Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
NOTICE OF PHOTOGRAPHY AND AUDIO AND VIDEO RECORDINGS
When you visit ALE Tennis Academy premises or attend ALE Tennis Academy Programs Academy, you may enter an area where photography and audio and video recordings may occur. By entering the ALE Tennis Academy’s operating premises or attending ALE Tennis Academy Programs, you consent to such photography and audio and video recording and you release ALE for any liability connected therewith. You acknowledge that you have no expectation of privacy while on the ALE Tennis Academy’s operating premises or programs.
You give your consent for the use of photographs/videos of your child/person for all ALE publicity and marketing purpose, including for the ALE website, social media and for ALE releases to the public media.
We have a policy of limiting access to the Service and terminating, in appropriate circumstances, the accounts of users who of are deemed to be repeat infringers. We also may, at our sole discretion, limit access to the Website and our Service Site or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on the Service infringes any copyright that you own or control, you may notify ALE as follows:
Telephone Number: 786-608-6053
E-Mail Address: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to ALE for certain costs and damages.
You will indemnify, defend, and hold harmless ALE and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “ALE Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) arising out of or related to (a) your access to or use of our Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ALE or the other ALE Parties.
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Service, including User Content.
Your use of our Service is at your sole risk. Our Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, ALE does not represent or warrant that our Service is accurate, complete, reliable, current or error-free. While ALE attempts to make your access to and use of our Service safe, we cannot and do not represent or warrant that our Service or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Service.
LIMITATION OF LIABILITY
ALE and the other ALE Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if ALE or the other ALE Parties have been advised of the possibility of such damages.
The total liability of ALE and the other ALE Parties for any claim arising out of or relating to these Terms, or our Service, or any ALE Program, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Service or for the ALE Program.
The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of ALE or the other ALE Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release ALE and the other ALE Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under Florida Civil Rights Law as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
TRANSFER AND PROCESSING OF DATA
By accessing or using the Service, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
a) What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
b) What choices are available to you regarding the use of your data.
c) The security procedures in place to protect the misuse of your information.
d) How you can correct any inaccuracies in the information.
INFORMATION COLLECTION, USE, AND SHARING
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email, phone or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request or needed to comply with our administrative processes, e.g. to ship an order or to collect money owed to us.
YOUR ACCESS TO AND CONTROL OVER INFORMATION
You may opt-out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
· See what data we have about you, if any.
· Change/correct any data we have about you.
· Have us delete any data we have about you.
· Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
By accessing or using the Service, you acknowledge that all of the personal data collected through ALE’s website is subject to these Terms and any other Terms associated to third party systems, which ALE may be require to use to successful operate all of its programs and services. ALE uses reasonable organizational, technical and administrative measures to protect Personal Data collected through our website. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If You have reason to believe that Your interaction with us is no longer secure (for example, if You feel that the security of Your account has been compromised), please stop using our service/website/system and contact us immediately to email@example.com.
DISPUTE RESOLUTION; ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with ALE and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or ALE seek to bring an individual action in small claims court located in the county of your billing address, or disputes in which you or ALE seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and ALE waive your rights to a jury trial and to have any dispute arising out of or related to these Terms, or our Service, or any ALE Tennis Academy Program resolved in court. Instead, all disputes arising out of or relating to these Terms, or our Service, or any ALE Tennis Academy Program will be resolved through confidential binding arbitration held in Miami-Dade, Florida in accordance with the UNCITRAL Rules and Procedures (“Rules”), which are available on the UNCITRAL website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of UNCITRAL or waive your opportunity to read the rules of UNCITRAL and any claim that the rules of UNCITRAL are unfair or should not apply for any reason.
You and ALE agree that any dispute arising out of or related to these Terms, or our Service, or any ALE Tennis Academy Program is personal to you and ALE and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and ALE agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the UNCITRAL Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and ALE agree that for any arbitration you initiate, you will pay the filing fee. For any arbitration initiated by ALE, ALE will pay all UNCITRAL fees and costs. You and ALE agree that the state or federal courts of the State of Florida and the United States sitting in the borough of Miami Dade have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim you may have arising out of or related to these Terms, or our Service, or any ALE Program must be filed within six (6) months after such claim arose; otherwise, your claim is permanently barred, which means that you and ALE will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by emailing firstname.lastname@example.org. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 15.
GOVERNING LAW AND VENUE
These Terms and your access to and use of our Service and ALE Tennis Academy Programs will be governed by and construed and enforced in accordance with the laws of Florida, without regard to conflict of law rules or principles (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the Miami Dade, Florida.
CHANGES TO THESE TERMS
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service. We are not responsible for any loss or harm related to your inability to access or use our Service.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms, together with any applicable Program Terms, constitute the entire agreement between you and ALE relating to your access to and use of our Service. The failure of ALE to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.