PRIVATE COACH USA, LLC - TERMS & CONDITIONS 701 Brickell Ave, Suite 1550 | Miami, FL 33131 | USA

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.

PRODUCTS AND SERVICES

Welcome to the website (the “Site”) of Private Coach USA, LLC (“We” or “Us”). As our client, we may offer you and your family (“You”) products and services (“Services”) on or through our Services and on our Site. When you enroll for and use such products or services, you accept the specific agreement(s) applicable to such products or services. Your use is governed by the Terms and Conditions ("Terms") in the applicable agreement(s) for such products or services and, to the extent such products or services are provided through our Services, the Terms also will apply. We reserve the right in our sole discretion to terminate or modify any Site feature or product, without any notice, for any or no reason, and without any notice, obligation or liability to you or any other person.

Revisions: The Terms may be revised at any time by updating this page. All such changes will take effect immediately after they have been posted, and You will be deemed to be bound to any such changes by your use of our Services following such time. Therefore, we encourage you to regularly review our Terms.

Contact: if you have any comments, inquiries or requests relating to these Terms, please contact us by postal mail at the address listed on the top of this page.

PRIVACY POLICY

Information We Collect: We collect personally identifiable information from you when you purchase our Services. We only request information that we need for you to participate in the service (for example, your name and address) or pay for the service (credit card information). Your information will be saved as needed using standard, PCI compliant security methods. We do not share your credit card information with any third parties except to the extent needed to process your transaction. We may track data on our clients in aggregate form. Such aggregated data does not uniquely identify you.

Disclaimer: Though we make every effort to preserve it, we cannot guarantee your privacy. Further, we may need to disclose personal information when required by law where we have a good-faith belief that such action is necessary to comply with a judicial proceeding or legal process served on us or a law enforcement request.

CONSULTING SERVICES

Initial Consultation: During the free initial online consultation we will interview each prospective client and family, discuss the student-athlete’s personal goals, determine the best plan of action, and recommend the most suitable consulting package option.

Age Requirements: Our services are intended for individuals 16 years of age or older and consulting packages must be purchased by a parent or guardian for all minors under 18 years of age.

Scheduling: all appointments are scheduled online on your account. If you need to cancel or postpone a session, you must directly notify us at least 24 hours in advance, by contacting us by email at services@privatecoachusa.com. If you miss a scheduled session, we will try to reschedule the session but if a mutually convenient rescheduled appointment cannot be reached, the time for that missed session will be forfeited and will result in a deduction of that appointment from your consulting package.

Consulting Packages: Packages will be billed in two installments to reflect the two semesters of the North American academic year (Fall session followed by Spring session). To retain our Services, clients will be billed 50% of their agreed upon package rate before services begin for the first semester (typically during the first week of June). The remaining 50% will be due at the beginning of the second semester (typically during the first week of January), before services continue. All payments must be received 3 business days BEFORE services are set to begin. If the second payment is not received by the due date, services for the second session of the academic year will be discontinued and access to the client portal on our website will be terminated. Appointment hours not used during the Fall semester will carry over to the Spring semester until the contract year expires.

Program Fees: You agree to make full payment for Services in the amount(s) invoiced to you in the order summary section of your shopping cart, the Order Confirmation email you will receive, or as communicated during our initial consultation. Failure to complete timely payment (or credit card payments being declined) may result in the discontinuation of services.

We offer two payment options for the purchase of our consulting packages:

CREDIT CARD PAYMENTS: Visa, Mastercard, American Express and Discover are accepted on our website.
INTERNATIONAL WIRE TRANSFERS: Wire transfer instructions will be provided on all invoices. You are responsible for all outbound bank fees.

Limited Money-back Guarantee and Refund Policy: We do not guarantee any outcome, or any increase in English proficiency test scores. We do not guarantee acceptance to any college or university, to any NCAA athletic program (with or without any athletic scholarship), or any other such outcome.

We do offer a limited money back guarantee policy as outlined below, and all refund requests must be made in writing to services@privatecoachusa.com and submitted according to the policies outlined herein:

If for any reason you are not satisfied after the FIRST scheduled session, we will refund 100% of your money. You must notify us in writing within 48 hours of the end of that session.
You have 48 hours after the end of the THIRD session to receive a 75% refund. You must notify us in writing within 48 hours of the end of that session.
There will be NO refund thereafter.

CLIENT CODE OF CONDUCT

As a future or current student-athlete or parent, you understand that Private Coach USA’s ability to assist you in the collegiate recruiting process or while enrolled at a university could be jeopardized by conduct unbecoming of a prospective or enrolled collegiate athlete or parent, including conduct that is harassing, abusive, harmful, obscene, defamatory, racist, unlawful, or otherwise inappropriate (such as academic misconduct or other), with either our staff or in whatever forum and publicly available medium it occurs. You also understand and agree that any such conduct could negatively affect both You and Us, as well as any college or university you are applying to or attending at the time. As such, you understand that we may suspend performance or terminate services in whole or in part at our discretion, without further liability or obligation (including refunds or future enrollment in our Services) to you if such unbecoming conduct occurs.

If you are studying in the U.S. on an international student visa, you are responsible for complying with all the terms of that visa, including timely departure from the U.S. and complete compliance with all U.S. immigration laws.

YOUR USE OF OUR SERVICES

Your Site Account Information: To access some services and features on or through our Services, you will be required to register and provide us with personal information, such as your name, email address, mailing address, phone number and the like. Any personal information provided by you or gathered by us or third parties during any visit to our Services will be subject to the terms of our Privacy Policy stated herein. You agree to provide accurate and current information about yourself and to maintain and promptly update any changes to your information.

Username and Password: You are responsible for maintaining the confidentiality of your Site account information, and you are responsible for all activities that occur under your username and password, whether authorized by you. You may not share your username and password with or authorize others to use your username and password. You agree to immediately notify us of any unauthorized use of your Site account information or of any other actual or suspected breach of Site security. You further agree not to adopt an offensive or inappropriate username or displayed background, or not to impersonate any other person while using the site.

User Materials: Our Services may allow you to post, disseminate, submit, transmit, host, share or publish various materials and information, including without limitation videos, photographs, biographical information, and other materials (collectively, “User Materials”). If you submit User Materials through our Site, social media networks, email or otherwise, you agree that we are free to use any comments, information or ideas contained in any communication you may send to us, in whole or in part, in any format and on any platform either now known or hereinafter invented, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, promoting services and Site features, and creating, modifying or improving the Site or other products and services. Your use of the Site will fully comply with all applicable laws, rules and regulations and these Terms of Use. The following requirements and other provisions of these Terms of Use will not limit the generality of this requirement.

You will not use our Services, or any proprietary information obtained from our Services (including another user’s User Materials) for any purpose other than your personal and non-commercial use related to any of the services offered by us. You will not obtain or attempt to obtain any materials, documents or information through any means not purposely made available through our Services, including using any virus, robot, spider, data miner, or other automated or semi-automated means to interrupt, destroy, limit the functionality of any computer software or hardware or telecommunications equipment, or to test the vulnerability or security of our Services or to extract or gather data from our Services.

By using our Services and sharing or publishing such User Materials on or to our Services, you represent and warrant that you own the entire right, title, and interest in and that such User Materials do not violate, infringe, or misappropriate the proprietary rights of any third party. Your further ascertain that any academic work submitted to us (such as homework, rough drafts, outlines, resumes, presentations, written papers or other) for review and coaching is original, your own, was created by you in its entirety, and will not infringe any patent, trademark, copyright, or other intellectual or proprietary or privacy right of any party or individual.

Our Right to Block Content: We reserve the right to block or remove content or communications that we determine, in our sole discretion, to be in violation of these Terms of Use. We further reserve the right to suspend, restrict or terminate your access to our Site and Services for any or no reason, at any time, without notice, obligation or liability to you or any other person, in our sole discretion, without limitation to any of our other rights.

Copyrights: All content of the Site, Programs or Content, including, but not limited to logos, names, slogans, text, graphics, and code, is our property and is protected under applicable copyrights, trademarks, patents, and other proprietary and intellectual property rights. We grant you permission to electronically copy and print hard copy portions of the Site solely for your own personal, non-commercial use, if you do not change or delete any proprietary notices from downloaded or printed materials. You do not acquire ownership rights in any downloaded materials because of our permission. Any other use of the Site and its content is strictly prohibited, unless expressly permitted by us on the Site or authorized by us in writing.

Third-party Trademarks: TOEFL® is a registered trademark of Educational Testing Service (ETS®) and NCAA® is a registered trademark of the National Collegiate Athletic Association. Neither ETS® nor NCAA® endorse, nor are affiliated in any way with Private Coach USA, LLC.

TECHNOLOGY

Technical Requirements: You will be responsible for meeting and maintaining the minimum technical requirements for your selected purchase to access certain features of your Consulting Service. Access to our Services may require internet access, for which we are not responsible.

Mobile Devices: Our consulting Services may offer communication, content and features that are available via a mobile device. Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Videochat Recordings: All consulting meetings are recorded for quality assurance and training purposes. Upon special request, recordings of a meeting may be shared with an enrolled client for review. Meetings will be delivered and recorded by us through communications technologies including but not limited to Zoom. You will receive a notification (visual or otherwise) when recording is enabled in a session. By enrolling in our Services, you agree that we and any third-party technology vendor used to deliver the instruction, have consent to record any participation you choose to engage in during the sessions (i.e., chats, shared screen time or other). You, as our client, may not record, take, share, or post photos or videos of your consulting sessions without our prior express written permission.

Electronic Notices: By using the Site, you agree to receive electronic communications from us. You agree that any notice, agreement, or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Third-party Links: The Site may contain links to third-party websites, which are provided for your convenience only. We have no control over these linked sites, all of which have their own user agreements and data collection practices. You access them at your own risk. Inclusion of any linked third-party website on the Site does not imply our approval, affiliation, or endorsement of that site.

DISPUTES AND ARBITRATION

With respect to all disputes arising out of or in connection with the Services offered by us, or these Terms and Conditions, Private Coach USA, LLC and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.

If you and Private Coach USA, LLC do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by confidential binding arbitration in accordance with the commercial rules of arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. You are giving up the right to litigate (or participate in any form of class action) all disputes in court before a judge or jury. To the extent permitted by law, any claim or dispute under these Terms and Conditions must be filed within one year in an arbitration proceeding or be forever waived and barred. The one-year period begins when the claim or notice of dispute first could be filed.

Indemnification: You hereby agree to compensate, indemnify, defend, and hold us and our business partners harmless from and against all claims, losses, expenses, damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with your use of our Services or any violation of the Terms and Conditions.

No Waiver: These Terms and Conditions constitute the entire agreement between You and Us with respect to the subject matter hereof. Our failure to enforce any provisions of the Terms and Conditions or to respond to a breach by you or other parties shall not in any way waive our rights to enforce subsequently any terms or conditions of the Terms and Conditions or to act with respect to similar breaches.

Severance: Each provision of the Terms and Conditions shall be construed separately and independently of each other and the invalidity or unenforceability of any one part shall not affect the validity and enforceability of any other part.

SANCTIONS COMPLIANCE

We comply with all U.S economic sanctions, laws and regulations. Our services are not intended for use in any regions or countries subject to economic sanctions by the U.S Treasury Department or other authorities. Thus, Services will not be rendered to: (a) a person located, organized, or ordinarily resident in any country that is the subject of comprehensive sanctions imposed by the U.S.; or (b) to any person otherwise blocked by or the subject of sanctions imposed by the U.S., or other relevant government or governing body. Prospective or current clients traveling or living outside of the U.S. may be unable to access the Site and services from countries or regions subject to economic sanctions by the Office of Foreign Assets Control (OFAC) or other authorities.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE PRESENT THE SITE, THE SERVICES, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS, OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SERVICES), AND PRODUCTS INCLUDED THEREIN "AS IS" , “WITH ALL FAULTS” AND "AS AVAILABLE" AND DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY IN CONNECTION WITH THE SITE AND YOUR USE OF IT.

THEREFORE, WE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.

WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR USER COMMUNICATIONS. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

WE CANNOT AND DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULT FROM THE USE OF OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR FROM OR THROUGH THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU HAVE NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. WE MAKE NO SUCH WARRANTY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE INFORMATION MATERIALS, SERVICES, OR OTHER CONTENT ON THE SERVICES OR ANY SITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

CERTIFICATION AND RELEASE

BY REGISTERING ON PRIVATECOACHUSA.COM TO RECEIVE SERVICES FROM US, YOU ACKNOWLEDGE THAT YOU HAVE READ OUR TERMS AND CONDITIONS IN THEIR ENTIRETY, INCLUDING ANY AND ALL RELATED LINKS. BY REGISTERING, YOU ALSO AFFIRM YOUR UNDERSTANDING AND AGREEMENT TO BE BOUND BY THESE TERMS.