This Agreement was last revised on September 18th, 2021.

INTRODUCTION

www.gudathletes.com (“website”) owned and managed by Ground Up Development Baseball LLC (“we,” “us,” or “our”) welcomes you.

 ​We offer you access to our products and services through our “Website” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you.  We strongly recommend you please go through these Terms and Conditions. By accessing and using this Website, you acknowledge that you have read, understood, and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website. 

DEFINITIONS

“Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website;  “Product” or “Products” refers to the good or products (digital products) offered through our website; “Service” or “Services” refers to any service shown below, which we may offer from our Website. “User”, “You” and “Your” refers to the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website; “We”, “us”, “our” are references to Ground Up Development Baseball LLC DBA GUD Baseball; “Website” shall mean and include ”https://www.gudathletes.com, and any successor Website or any of our affiliates; “User Account” shall mean an electronic account opened for the customer for availing various services offered on the website;

INTERPRETATION

All references to the singular include the plural and vice versa and the word “includes” should be construed as “without limitation”. Words used herein regardless of the number and gender specifically used shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires. Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force. All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit, or affect the meaning or interpretation of the terms of this Agreement.

INTRODUCTION AND SCOPE

Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their terms of service. ​Eligibility: Certain Service of the Website is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason. ​Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

SERVICES

At www.gudathletes.com, we offer you a meticulously designed website where we provide fully remote baseball training specializing in pitching programming and strength and conditioning. From the creation of The PVP System to fully customized programming we continue to strive towards helping players excel at the next level.

MODIFICATIONS TO THE SERVICE

We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.

REGISTRATION

For accessing the website and using certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account. You accept that the details you provide about establishing any account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

USER CONTENT

Content Responsibility.  The website permits you to share content, post comments, feedback, etc. (“content”) but you are solely responsible for the content posted by you. You represent that you have required permission to use the content. When posting content to the website, please do not post content that: contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature; is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims; violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community; discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance; transmits viruses or other harmful, disruptive or destructive files ; sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects; Information or data which are unlawfully obtained. Any such submitted content that includes, but is not limited to the following, will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

TRAINING TERMS

In order to place an order to be a participant in the PVP system, you need to contact us via social media (Instagram or Twitter) or email us at Snelten@gudbaseball.com or frontoffice@gudbaseball.com. Product is delivered through bridge tracker a remote app and it’s not to be used for public distribution, only for private use. If the product is proven to be re-distributed publicly purchases will be void and no refund will be given.

PAYMENT AND REFUND

All the purchases for any product or service available on the website shall be governed by our terms and conditions. While providing your details you must be careful and warrant that the information provided is true and accurate. Payment mode shall be:Online: Credit Cards and Debit Cards PayPalYou must notify us instantly if any particulars are inappropriate. If your payment has not been accepted you will be informed of this in writing along with the reasons. We may ask you to supply additional information relevant to your Transaction, including your credit card number (or other payment information), the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). Any order to purchase a product that you place with us is subject to acceptance by us. If there is an error in the order confirmation, please contact us immediately by email at Snelten@gudbaseball.com. We may refuse or be unable to process your order if: Your card or PayPal account does not give authorization for the payment of the purchase price. You do not meet the eligibility to order criteria set out above. The refund shall be allowed as per our refund policy. We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem. We take customer feedback very seriously and use it to constantly improve our products and quality of service.

LIMITED GUARANTEE

By this Website: We provide an opportunity for you to avail the offered Product and Services from our Website. We do not provide any warranty or guarantee that the Product and Service descriptions are accurate, complete, reliable, current, or error-free. If a Product or Service offered by the Website is not as described, your sole remedy is to inform us about Services for taking further action.

GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage or supply of any product or service to any person, geographic region, or jurisdiction. We may use this right as per necessity.

USER RESPONSIBILITIES

You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website; You shall not upload, any content on the website that: Defamatory, infringes any trademark, copyright, or any proprietary rights of any person or affects anyone’s privacy, contains violence or hate speech, including any sensitive information about any person. You shall not use or access the Website for collecting any market research for some competing business; You shall not misrepresent or impersonate any person or entity for any false or illegal purpose; You shall not use any virus, hacking tool for interfering in the operation of the Website or data and files of the Website; You will not use any device, scraper, or any automated thing to access the Website for any purpose without taking permission from us. You will inform us about anything that is inappropriate or  you can inform us if you find something illegal on the website; You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means; You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;    You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so to operate the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.

GENERAL CONDITIONS

We do not guarantee the accuracy, completeness, validity, or timeliness of the information listed by us. We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication. The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your business use, subject to all the terms and conditions of this Agreement as they apply to the Service. You acknowledge and agree that we are not responsible for addressing any claims you or any third party may have concerning the website; Both you and we acknowledge and agree that in your use of the website you will comply with any applicable third-party terms of the agreement that may affect or be affected by such use.

EXCLUSION OF LIABILITY

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party. Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.gudathletes.com Website including loss of data or information or any kind of financial or physical loss or damage. In no event shall Ground Up Development Baseball LLC, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

RELEASE

You release us and our successors from all losses, damages, rights, and demands, and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arising from your use of the Services (collectively, “Claims”).

CONFIDENTIALITY

Any materials provided by the Client/Customer in the course of using our service shall be kept confidential by us as against third parties, unless the disclosure is required under the process of law or unless the disclosure is to our’s financial auditors or governing regulatory bodies. Disclosing or using this information for any purpose beyond the scope of this Agreement.

NO RESPONSIBILITY

We are not responsible to you for: any losses you suffer because you cannot use our website at any time; or any errors in or omissions from our website; or any losses you may suffer by relying on any commentary, postings, or reviews (of our services or that of our partners) on our website; or the privacy policies and practices of other linked third party websites, even if you access them using links from our website; or any unauthorized access or loss of personal information that is beyond our control.

SPAM POLICY

You are strictly prohibited from using the Website or any of our’s Services for illegal spam activities (including gathering email addresses and personal information from others or sending any mass commercial emails), other than for the intended purposes of this website.

THIRD-PARTY LINKS

The Website may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate with the site administrator of those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measures (s) when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

LIMITATION OF LIABILITY

The website and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, or its content or service are free of computer viruses or similar contamination or destructive features. ​We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, merchantability, non-violation of third parties rights, and fitness for a particular purpose and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation with any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the website or the content, even if we have been recommended of the possibility of such damages. The website may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any such typographical, technical, or pricing errors recorded on the website.  The website may contain information on certain services, not all of which are available in every location.  A reference to a service on the websites does not suggest that such service is or will be accessible in your location.  We reserve the right to do changes, corrections, and/or improvements to the website at any time without notice.

COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties.   Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no right to use the content, and you will not take any Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited. If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content. Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for every instance.

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

MISCELLANEOUS SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions. Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

DISPUTE RESOLUTION

If a dispute arises between you and the website www.gudathletes.com, our goal is to resolve such a dispute quickly and cost-effectively. Accordingly, you and mobile application agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the website and mobile application Services (a “Claim”) following this section entitled “Dispute Resolution.” Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.

ARBITRATION OPTION

For any claim arising between you and www.gudathletes.com (excluding claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the dispute cost-effectively through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online, and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the law of Hungary without giving effect to any principles of conflicts of law. The courts of Hungary shall have exclusive jurisdiction over any dispute arising from the use of the Website.

FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure to perform our or its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

We shall have the right to assign/transfer this agreement to any third party including our holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

FEEDBACK CONTACT

We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at Snelten@gudbaseball.com.

PRIVACY POLICY

Last updated [September 18th, 2021] Our Privacy Policy forms part of and must be read in conjunction with, website Terms and Conditions. We reserve the right to change this Privacy Policy at any time. We respect the privacy of our users and every person who visits our sites www.gudathletes.com. Here, Ground Up Development Baseball LLC refers to as (“we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy or our practices with regards to your personal information, please contact us at Snelten@gudbaseball.com. When you visit our website www.gudathletes.com (“Site”) and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have concerning it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue the use of our site and our services.

ABOUT US

At www.gudathletes.com, we offer you a meticulously designed website where we provide fully remote baseball training specializing in pitching programming and strength and conditioning. From the creation of The PVP System to fully customized programming we continue to strive towards helping players excel at the next level. We are located in the United States. Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.   WHAT

INFORMATION DO WE COLLECT?

The Personal Information you disclose to us We collect personal information that you voluntarily provide to us when expressing an interest in obtaining information about us or our services when participating in activities on the Site or otherwise contacting us. The personal information that we collect depends on the context of your interactions with us and the Site, the choices you make, and the products and features you use. The personal information we collect can include the following: Name and Contact Data. We collect your first and last name, email, age, height, weight, years of experience with weight training, media release consent, and other similar contact data. Credentials. We collect passwords, password hints, and similar security information used for authentication and account access. Information automatically collected We automatically collect certain information when you visit, use, or navigate the Site. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser, and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information.  If you access our site with your mobile device, we may automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information, and IP address. This information is primarily needed to maintain the security and operation of our Site, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookie Policy. Information collected from other Sources We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties.

HOW DO WE USE YOUR INFORMATION?

We use your personal information for these purposes in reliance on our legitimate business interests (“Business Purposes”), to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). We indicate the specific processing grounds we rely on next to each purpose listed below.   We use the information we collect or receive:   To send information to you related to your account, our business purposes, and/or for legal reasons. We may use your personal information to send you service and new feature information and/or information about changes to our terms, conditions, and policies. Deliver targeted advertising to you for our Business Purposes and/or with your Consent. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness. [For more information, see our Cookie Policy. Request Feedback for our Business Purposes and/or with your Consent. We may use your information to request feedback and to contact you about your use of our Site. To protect our Site for Business Purposes and/or Legal Reasons.  We may use your information as part of our efforts to keep our Site safe and secure (for example, for fraud monitoring and prevention). To enable user-to-user communications with your consent. We may use your information to enable user-to-user communications with each user’s consent. To enforce our terms, conditions, and policies for our business purposes and as legally required. To respond to legal requests and prevent harm as legally required. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond. For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and evaluating and improve our Site, products, services, marketing, and experience.

WILL YOUR INFORMATION BE SHARED WITH ANYONE?

We only share and disclose your information in the following situations: Compliance with Laws. We may disclose your information where we are legally required to do so to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal processes, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements). Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person, and illegal activities, or as evidence in litigation in which we are involved. Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf and require access to such information to do that work. Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to our Site and other websites that are contained in web cookies and other tracking technologies to provide advertisements about goods and services of interest to you. Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our holding and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us. Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions. With your Consent. We may disclose your personal information for any other purpose with your consent. Other Users. When you share personal information (for example, by posting comments, contributions, or other content to the Site) or otherwise interact with public areas of the Site, such personal information may be viewed by all users and may be publicly distributed outside the Site in perpetuity.

DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

Information collected from you may be stored and processed globally in various countries in which our Company or agents or contractors maintain facilities, and by accessing our sites and using our services, you consent to any such transfer of information outside of your country. Such countries may have laws that are different, and potentially not as protective, as the laws of your own country. Whenever we share personal data originating in the European Economic Area we will rely on lawful measures to transfer that data, such as the Privacy Shield or the EU standard contractual clauses. If you reside in the EEA or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal data to the countries in which we operate. By providing your personal data, you consent to any transfer and processing in accordance with this Policy. We will not transfer your personal information to an overseas recipient.

WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

The Site may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services, or mobile applications. We cannot guarantee the safety and privacy of the data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services, or applications that may be linked to or from the Site. You should review the policies of such third parties and contact them directly to respond to your questions.

HOW LONG DO WE KEEP YOUR INFORMATION?

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

HOW DO WE KEEP YOUR INFORMATION SAFE?

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, the transmission of personal information to and from our Site is at your own risk. You should only access the services within a secure environment.

DO WE COLLECT INFORMATION FROM MINORS?

We do not knowingly solicit data from or market to children under 16 years of age.  By using the Site, you represent that you are at least 16 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site.  If we learn that personal information from users less than 16 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.  If you become aware of any data we have collected from children under age 16, please contact us at Snelten@gudbaseball.com.

WHAT ARE YOUR PRIVACY RIGHTS?

Personal Information You may at any time review or change the information in your account or terminate your account by: Contacting us using the contact information provided below Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and/or comply with legal requirements. Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site. COPPA – Children’s Online Privacy Policy Website www.gudathletes.com is focused on ensuring the security of children’s visiting this site. This Children’s Online Privacy Policy clarifies our information gathering, disclosure, and parental consent practices concerning personal information provided by children under the age of 13 (“child” or “children”), and uses terms that are defined in our Privacy Policy. Collection of Information, Use of it and Communication with Parents Children can inspect the site and can assess and print content without giving any individual data other than the automatic collection of device ”persistent identifiers,” examined in more detail beneath. This site just gathers limited individual data. In the event, the data gathered does not permit contact with him or her or his or her gadget (counting, for instance, collected data), we may utilize and uncover it for any reason, to the degree allowed by applicable law. Personally Identifiable Information In keeping with the Children’s Online Privacy Protection Act of 1998, we do not knowingly collect personally identifiable information from children under the age of 13 without prior verifiable parental consent. If we learn that we have collected such personal information without parental consent, we will delete that information from our records. Persistent Identifiers At the point when children collaborate with the site, certain technical data may consequently be gathered, both to make our site more interesting and helpful and for different internal purposes identified with our business. Examples of data that is automatically gathered include the type of computer operating system, the device’s IP address or mobile device identifier, the web browser, the frequency with which the child visits various parts of our site, and information regarding the online or mobile service provider. This data is gathered utilizing techniques, for example, flash cookies, web beacons, and other unique identifiers (which we define under the ”Cookies and Other Technologies” section of our general Privacy Policy). This data might be gathered by us or by a third party. Persistent identifier information is used by this website for the sole purpose of providing support for our internal operations, including to: Ensure that the site functions properly; Enable us to conduct research and analysis to understand, address, and improve the use and performance of the site; and Diagnose and respond to problems. How Parents may Raise Questions and Concerns? If a parent has any questions or concerns about his or her child’s use of the site, we encourage the parent to contact us at Snelten@gudbaseball.com.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

ACCESS AND DATA PORTABILITY RIGHTS

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you: The categories of Personal Information we collected about you. The categories of sources for the Personal Information we collected about you. Our business or commercial purpose for collecting or selling that Personal Information. The categories of third parties with whom we share that Personal Information. The specific pieces of Personal Information we collected about you (also called a data portability request). If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing (i) sales, identifying the Personal Information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

DELETION REQUEST RIGHTS

You have the right to request that website delete your Personal Information, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity (including fraudulent user-generated content such as product reviews), or prosecute those responsible for such activities. Debug products to identify and repair errors that impair existing intended functionality. Exercise a right provided for by law. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.). Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement if you previously provided informed consent. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. Comply with a legal obligation. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

EXERCISING ACCESS, DATA PORTABILITY, AND DELETION RIGHTS

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by sending us a message on our website. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within 12 months. The verifiable consumer request must: Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. Response Timing and Format We try to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12 months preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

OPT-OUT AND OPT-IN RIGHTS

If you are 16 years of age or older, you have the right to direct us to not sell your Personal Information at any time (the “right to opt-out”). We do not sell the Personal Information of consumers we know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to Personal Information sales may opt-out of future sales at any time. You can exercise the right to opt-out, you (or your authorized representative) may submit a request to us at email:  Snelten@gudbaseball.com. We will only use Personal Information provided in an opt-out request to review and comply with the request.

NON-DISCRIMINATION

We will not discriminate against you for exercising any of your CCPA rights. However, note that many features of our website, our products, or our services will not function without your Personal Information. Unless permitted by the CCPA, we will not: Deny your goods or services. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. Provide you a different level or quality of goods or services. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send us an electronic message through our website or write us at our email address listed on our webpage.

DO WE MAKE UPDATES TO THIS POLICY?

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, email us at Snelten@gudbaseball.com.

COOKIES POLICY

BY CONTINUING TO USE OUR SITE AND SERVICES, YOU ARE AGREEING TO THE USE OF COOKIES AND SIMILAR TECHNOLOGIES FOR THE PURPOSES WE DESCRIBE IN THIS COOKIES POLICY. IF YOU DO NOT ACCEPT THE USE OF COOKIES AND SIMILAR TECHNOLOGIES, DO NOT USE THIS SITE. ​

Cookies

A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. In general, cookies have two main purposes: to improve your browsing experience by remembering your actions and preferences and to help us analyze our website traffic. What to do with Cookies? We use cookies to help us analyze traffic to the Website, to help us improve website performance and usability, and to make the Website more secure. Third-party cookies help us use Google Analytics to count, track, and analyze visits to the Website. This helps us understand how people are using our websites and where we need to make improvements. These third-party cookies do not specifically identify you. Types & Category of Cookies used List the category of cookies used in https://www.gudathletes.com. For example: Authentication If you sign in to https://www.gudathletes.com, cookies help us show users the right information and personalize the experience to the users. Security We use cookies to enable and support our security features, and to help us detect malicious activity violations of our Terms and Conditions. Performance, Analytics, Research & Advertising Cookies help us learn how well our site and web products perform in different locations. We also use these to understand, improve, and research products, features, and services, including when you access this site https://www.gudathletes.com from other websites, applications, or devices such as your work computer or your mobile device. We also use third-party cookies to improve and personalize our marketing messages/communications with you. Control cookies You are always free to delete cookies that are already on your computer through your browser settings, and you can set most browsers to prevent them from being added to your computer. However, this may prevent you from using certain features on the Website.

DISCLAIMER

This Disclaimer forms part of and must be read in conjunction with, website Terms and Conditions. We reserve the right to change this Disclaimer at any time. The information contained on this website is for general information purposes only. The information is provided by the website https://www.gudathletes.com (“Ground Up Development Baseball LLC” or “We”). No advice This website contains general information. The information is not advice and should not be treated as such. No warranties The information on this Website or by our service is provided without any representations or warranties, express or implied. Without limiting the scope of this section, we do not warrant or represent that the information by us: will be constantly available, or available at all; or is true, accurate, complete, current, or non-misleading. Other Conditions You must not rely on the information available on this Website as an alternative to medical advice from your doctor or other professional healthcare providers. If you think you may be suffering from any medical condition, you should seek immediate medical attention. Nothing in the Website is intended to be medical advice or a substitute for medical advice. We shall have no liability for any adverse effects on your health, or any injury or personal harm, that results from or is related to your use of the website or from your access to, use of, or actions taken in response to, the contents. You should consult your healthcare provider about any medical questions or concerns you have, before making any changes to your exercise regimen, lifestyle, diet, or healthcare practices. Ground Up Development Baseball LLC accepts no responsibility or liability for any adverse consequences resulting directly or indirectly from the use of our services. We are not presenting you with an opportunity. Speed of results depends on the amount of time and focus spend practicing the coaching regimen. No guarantees – The results you achieve, depend very much on you and your engagement, openness, effort, and time investment in the process. Each client we work with is very different and so are the results achieved, so it would be irresponsible to offer you guarantees. Exclusion of liability You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; (b) shall not be responsible for any materials posted by us or any third party and (c) shall not be liable for the expectation or quality of the services offered or listed on the website. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party. Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.gudathletes.com Website including loss of data or information or any kind of financial or physical loss or damage. We take no responsibility for any indirect damage that may result from the product or services. ​

General:

The website, its content, and service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, its content, or its service are free of computer viruses or similar contamination or destructive features. Although the website seeks to maintain safe, secure, accurate, and well-functioning services, this website cannot guarantee the continuous operation of or access to our services, and there may at times be inadvertent technical or factual errors or inaccuracies. ​

No warranties.

We specifically (but without limitation) disclaim Any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and Any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the services. We shall not be responsible for the loss of, damage to, or unavailability of any information you have made available through the services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the services.

No guarantee of accuracy. We do not guarantee the accuracy of and disclaim all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the services.

No warranties regarding third parties. We make no representations, warranties, or guarantees, express or implied, regarding any third-party service or advice provided by a third party. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. If you require any more information or have any questions about our site’s disclaimer, please feel free to contact us by email at Snelten@gudbaseball.com. By using and accessing this website, you agree with the terms of this Disclaimer. ​

Refund Policy

Our Refund Policy forms part of and must be read in conjunction with, website Terms and Conditions. We reserve the right to change this Refund Policy at any time.

NO REFUND POLICY

Product order placement purchases are final, come in the option of month by month, or pre-purchased the entire off-season programming as a whole. However, in a determination to accomplish customer satisfaction, if you have any issue with the product, you can contact us through our email at Snelten@gudbaseball.com. The refunds will be issued at our sole discretion. We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem. ​We take our customer’s feedback very seriously and use it to constantly improve our products and quality of service.

METHODS OF PAYMENT

We will refund your amount to the original payment method, once it has been processed.

REFUND CYCLE

The complete refund process normally takes about 5-15 working days from the date of confirmation of the refund.