Pelotero

New Athlete Form

Complete the form to add a new athlete.

User Information

E-mail*

Referral Source

How did you find out about Pelotero?

First Name*

Athlete Profile

Height ft

Height in

Weight

Last Name*

Bio Information

Date of Birth*

Gender

Phone

Valid phone is digits only ex. 5128766396

Profile image

Password*

Enter a secure password.

I Agree to the Term of Services*

Pelotero Terms of Service

Privacy Policy
End User License Agreement

Pelotero Corporation Privacy Policy

1. Introduction and Overview

1.1. You have arrived at a website or downloaded a mobile application that is provided by Pelotero Corporation and/or its affiliated and subsidiary companies (collectively “Pelotero”). This Privacy Policy governs your use of www.pelotero.com and any other official Pelotero sites, including mobile sites or apps, and any interactive features, applications, and/or services that we make available through an interactive platform that posts a link to this Privacy Policy (collectively referred to as the “App”).

1.2. We have prepared this Privacy Policy to describe what information Pelotero collects from you, why we collect it, how we use it, and under what circumstances we share it with third parties, and otherwise manage the personal information you provide to us.

1.3. This Privacy Policy also describes the choices you can make about how we use your information. To the extent we provide you notice on our App of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.

1.4. Pelotero does engage third party service providers (“Service Providers”) with whom your information may be shared. Service Providers have their own security policies and Pelotero is not responsible for their conduct. Unless explicitly stated otherwise, any current, updated and new products and services shall be subject to this Privacy Policy.

1.5. Pelotero cares about online privacy. If you have any questions concerning this Privacy Policy, please contact us at https://pelotero.com/customer-service/.

2. Policy Statement

2.1. Pelotero will collect, use, disclose and otherwise manage your personal information in accordance with this Privacy Policy.

3. Collection and Use of Information You Provide To Us.

3.1. We will ask you to provide us various types of personal information for both registering with the App as well as providing Services via the App. These types of personal information can include:

(a) your first and last name, email address, home address, phone number, driver’s license number, credit and debit card numbers, checking account numbers, or other information that could reasonably be used to identify you personally;

(b) demographic information, such as your zip code, team location, league membership, or preferred facility name and location (“Demographic Information”); and

All the information we collect which can be related to an identifiable person is defined as “Personal Information”.

3.2. We may collect this information from you such as when you:

(a) Purchase, order, return, exchange or request certain information about Pelotero’s products and services; Sign up to billing services associated with your account;

(b) Set up an athlete development program;

(d) Use the team management functions and services within the App;

(e) Sign up to join the Pelotero online mailing list;

(f) Contact a Customer Call Center or customer service desk;

(g) Visit, register on, or participate in the social network or media features of one of Pelotero’s Apps, such as a bulletin board or community; or respond to one of Pelotero’s surveys;

(h) Provide Pelotero with comments or suggestions;

(i) Provide Pelotero with any information contributed to our Apps on your behalf; and Provide Pelotero other contact information.

Your decision to provide this information is voluntary, but if you choose not to provide this requested information you may not be able to take advantage of all of the App’s features or our services.

3.3. Information collected when you use the App.

(a) In addition to the information you choose to submit to us, we and our service providers may automatically collect and store certain information when you visit or interact with the App (“Usage Information’). This Usage Information may be stored and/or accessed from your personal computer, laptop, tablet, mobile phone or other device (a ‘Device”) whenever you visit or interact with our App or communicate with us by email. Usage Information may be considered Personal Information where it is related to a specific individual in our platform.

(b) Usage Information may include but is not limited to:

(i) Your IP address or other unique identifier (“Device Identifier”);

(ii) Your Device browser, operating system, and mobile network information;

(iii) The areas within our App that you visit and your activities there, including remembering you and your preferences;

(iv) Your general location; and

(v) Certain other Device data, including the time of day you visit the App, among other information.

(i) General Tracking Information. Pelotero keeps records of the functionality and services used by each App user. Pelotero aggregates this information with data on the services used by other users to track overall visitor traffic patterns. Pelotero uses this information to improve its App and to develop functions and user tools which will make it more responsive to the needs and preferences of Pelotero customers.

(ii) Cookies. The App uses a technology called “cookies” to help facilitate transactions on the App. A cookie is an element of software code that Pelotero Apps can send to your browser, which is then stored on your hard drive so we can recognize you when you return. All pages on our Apps where you are prompted to log in or that are customizable require that you accept cookies. If you have registered with our Apps, these cookies: (1) may let us know who you are; (2) are necessary to access the personal information previously provided to us by you in order to deliver products and personalized services; and (3) will provide us and our Service Providers with information that we will use to personalize our Apps in accordance with your preferences. Should you decide not to accept cookies from our Apps, you will limit the functionality we can provide when you visit our App.

(iii) Tracer Tags. Pelotero’s Apps may use a technology called “tracer tags”, which may also be referred to as “Clear GIFs” or “Web Beacons”. This technology allows us to identify which pages you visit on our Apps. These tags are used by us to help optimize and update our Apps for you and other future website visitors.

(iv) Browser Do Not Track Signals. Although our websites currently do not have a mechanism to recognize the various web browser Do Not Track signals, we do offer our customers choices to manage their preferences by referencing the “How to Contact Pelotero” Section.

(v) Other Information. We may collect additional automatic information about your visit to our App, such as time of day, browser type and version, browser language, your operating system and platform, and the Internet Protocol (IP) address used to connect your computer to the Internet. This information is used for analytical purposes and to help us provide services to our customers. We may also use this information to administer and troubleshoot our Apps.

(vi) Aggregate Information. On occasion we may provide this aggregate information (which shall not include personally identifiable information) to vendors, investors, potential advertisers, or news agencies to demonstrate the amount of interest in our App and to help us plan for technical infrastructure requirements.

(d) These technologies (or ones we incorporate in the future) are used for a variety of purposes, including:

(i) To provide the functionality of the App, as well as to offer you enhanced functionality when accessing the App, including identifying you when you sign-in to our App or keeping track of your specified preferences.

(ii) Prevention of fraudulent activity and improved security functionality. To administer and assess the performance of the App.

(iii) To analyze customer trends.

(iv) To deliver content relevant to your interests on our App and third-party sites based upon how you interact with our advertisements and/or content.

(v) To track users’ uses of the App and to gather demographic information about our user base as a whole.

(e) Pelotero may use Usage Information collected to market directly to that person. Usage Information, in the aggregate, may also be shared with third parties to provide more relevant services and advertisements to Users.

3.4. Location-Based Information

Our App may use location-based services to verify your location, deliver you relevant content or advertising based on your location, as well as to share your location with our service providers as part of the location-based services we offer. You have the ability to turn location-based services on and off by adjusting the settings of your Internet browser or mobile device.

3.5. Information We Collect From Third Parties

We may also receive information about you from your friends and other third parties, and combine or link that information with information we have about you. To the extent we combine information we receive from third parties with your Personal Information, the combined information, unless disclosed otherwise, will be treated as Personal Information under this Privacy Policy. In no other circumstances will this Privacy Policy apply to information we receive about you from third parties.

3.6. Information We Collect When You Interact with Third-Parties.

The App may allow certain kinds of interactions between the App and your account on a third-party site or application, such as a recreational facility’s own scheduling application. The use of this functionality may involve the third-party site providing information, including Personal Information, to us. For example, when you register with the App, you may have an option to use your Facebook account to facilitate the registration or transaction process on the App. If you choose to use this functionality, the third-party site may send Personal Information about you to us. If so, we will treat this information as Personal Information under this Privacy Policy. In addition, we may provide links on the App to facilitate sending a communication from the App. For example, we may use third parties to facilitate emails, Tweets or Facebook postings. These third parties may retain any information used or provided in any such communications or activities and these third parties’ practices are not subject to our Privacy Policy. You should review the applicable third-party privacy policies before using such tools.

3.7. Information You Provide About a Third Party

(a) You will likely provide us Personal Information about other individuals – usually in the form of managing your players and athletes. As part of this activity, you may send also someone else a communication from the App, such as sending a calendar entry to a team member. If so, the information you provide (names, email addresses, mobile number, etc.) will be used to facilitate the services we provide and will not be used for marketing purposes unless we obtain consent from that person or we explicitly say otherwise.

(b) You may also provide information about a third party to the extent you have authorized that person work with you in using athlete development and scheduling services. The information you provide (names, email addresses, mobile number, etc.) will only be used to facilitate these services and will not be used for marketing purposes unless we obtain consent from that person or we explicitly say otherwise.

(c) Unless and until we receive a third party’s written consent, we will not use any information you provide about a third party to contact that person for any reason other than provide the services or functionality as part of your use of the App.

4. How we use the information we collect.

4.1. We may use your Personal Information, Demographic Information or Usage Information for a variety of business purposes, including, but not limited to the following:

(a) Improving the effectiveness of our App, marketing endeavors and service offerings; Processing credit applications and transactions;

(b) Account administration and App registration;

(c) Processing and completing purchases, returns and similar transactions; Providing customer service, including managing billing issues for facilities paid via the App; managing specific athlete development programs, and related team administration;

(d) Sending you email communications such as electronic newsletters about our services and promotions; Sending you email about orders you have made on the App.

(e) Enabling you to participate in the App’s features such as surveys and promotions;

(f) Identifying your service preferences and informing you of new or additional services and promotions that may be of interest to you;

(g) Providing mobile marketing messages and service messages; Evaluating employment inquiries or applications;

(h) For internal business purposes;

(i) To enforce our terms of use and policies;

(j) To respond to legal requests and prevent legal harm; and

(k) For purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

5. Sharing Information With Third Parties

5.1. When You Request We Share With Third Parties.

We may share information with third parties at your request. In the event we do so, all information we disclose will be subject to the privacy policies and practices of such third parties. In addition, the third parties may store, collect or otherwise have access to your information when you interact with their technologies, content or apps on our App or link to them from our App. This may include using third-party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools. We are not responsible for the practices of such third parties and, therefore, you should review such third-party privacy policies prior to interacting with them.

5.2. Third Parties Providing Services to Pelotero.

We may use third party service providers to perform certain services, such as: (a) to assist us in e-commerce operations; (b) to manage a database of customer information; (c) hosting the App; (d) designing and/or operating the App’s features; (e) tracking the App’s activities and analytics; (f) enabling us to send you special offers or perform other administrative services; (g) to allow you to participate in live chat on the App; and (h) other services designed to assist us in maximizing our business potential. We may provide third parties with access to your information to carry out the services they are performing for us. Third-party analytics and other service providers such as Google Analytics may set and access their own technologies on your Device and they may otherwise collect or have access to information about you. These service providers use the technology described above to help us analyze how users use the App. We are not responsible for those third party technologies or activities arising out of them. However, some third parties may offer you certain choices regarding their practices. For example, to learn about opting out of Google Analytics, please click here. To learn about opting out of the use of Adobe cookies for analytics and on-site personalization, please click here. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.

5.3. To Protect the Rights of Pelotero and our Users.

We may disclose your Personal Information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of Pelotero or third parties (including through the enforcement of this Policy, our Terms of Use, and other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders).

5.4. Affiliates and Business Transfer.

We may share your information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the App and/or our Stores; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including during the course of any due diligence process.

5.5. Sweepstakes, Contests and Promotions.

We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the App or through one of our social media pages that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and likeness in advertising associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.

5.6. Co-Branded Areas.

Certain areas of the App may be provided to you in association with third parties (“Co-Branded Areas”) such as co-promotional partners and may require you to disclose Personal Information to them. Such Co-Branded Areas will identify the third party and indicate if they have a privacy policy that applies to their collection and use of your information. If you elect to register for products and/or services, communicate with such third parties or download their content or applications, you may be providing your information to both us and the third party. Further, if you sign-in to a Co- Branded Area with a username and password obtained on the App, your Personal Information may be disclosed to the identified third parties for that Co-Branded Area. Examples of a Co-Branded Area include:

We are not responsible for such third party’s data collection or practices and you should look to such third party privacy policies for more information.

5.7. Information You Submit Publicly

(a) User Content and Public Information.

The App may permit you to submit ideas, photographs, videos, audio recordings, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”). We or others may store, display, publish, distribute or otherwise use User Content online or offline in any media or format and may or may not attribute the User Content to you. Others may have access to this User Content and may have the ability to share it with third parties. Please note that Pelotero Imports does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the App or what others do with information you share with them on the App.

(b) Name and Likeness.

We may also publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Content you submit, please review our Terms of Use.

5.8. Interest-Based Advertising

(a) We may use your Personal Information to help us decide which products, services and offers may be of interest to you.

(b) We use third party analytics and social media providers to collect information about your use of the App, see the overall patterns of usage on the App, deliver advertisements to you based on email addresses, optimize ad performance, and to determine whether our advertising is effective. We use analytics tools and other third party technologies, including cookies, to collect Personal Information and Non-Personal Information in the form of various usage and user metrics when you use our App. These tools and technologies collect and analyze certain types of information, including cookies, IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage and purchase history, MAC Address, mobile unique device ID, and other similar information.

(c) The third party analytics companies (like Google and IBM) who collect information on our App and other online products and/or sites may combine the information collected with other information they have independently collected from other websites and/or other online or mobile products relating to your activities across their network of websites. Many of these companies collect and use information under their own privacy policies.

(d) In addition to our use of technologies as described herein, we may permit certain third party companies, including online ad networks to help us tailor advertising that we think may be of interest to you based on your use of our Services and to otherwise collect and use data about your use of our Services. These networks track your online activities over time and across third party websites and online services by collecting information through automated means, including through the use of the technologies described in the “Information We Collect When You Use the App” Section above, and they use this information to show you advertisements that are tailored to your individual interests. This collection and ad targeting takes place both on our App and on third-party websites that participate in the ad network. This process also helps us track the effectiveness of our marketing efforts.

(e) Opting out of analytics: You may opt out of Google Analytics by visiting the Google Analytics opt-out page https://tools.google.com/dlpage/gaoptout. Google has additional information available about their Remarketing Privacy Guidelines, and Restrictions. You may learn more at www.google.com/policies/privacy/partners/.

(f) You may view a list of other third party service providers who collect information, and/or opt-out of such collection of information about you, by visiting http://www.networkadvertising.org/choices/ or http://www.aboutads.info/choices/.

(g) Please note that opting out of receiving targeted ads will not prevent you from being served advertisements generally; rather, opting out means that the online ads presented will not be based on your particular interests.

(h) We currently do not respond to Do Not Track Signals. Some third parties, such as companies that offer Internet browsers, have developed signals (e.g., browser do not track signals) that give you a choice regarding the collection of information about your online activities over time and across third- party websites or online services. Currently, we do not monitor or take any action with respect to these signals or other mechanisms offered by Internet browsers. If you would like more information on self-regulatory programs that permit you to exercise choice, click on the ad networks link in the paragraph above.

5.9. Third Party Links and Data.

(a) The App may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the App are served to you. In addition, Pelotero’s App may include links to services that are operated and controlled by third parties.

(b) We are not responsible for the data collection and privacy practices employed by any of these third parties. For example, if you “click” on a link, the “click” may take you off the App onto a different location. These other locations may independently collect data about you and may or may not have their own published privacy policies.

(c) The inclusion of any link does not imply Pelotero’s endorsement of any other company, its websites, or its products or services. We have no control over such websites and therefore have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose and otherwise treat your personal information.

(d) Third party Service Providers may need access to some of your personal information. In such cases, we only provide third party agents with the minimum amount of information needed to complete the requested service or transaction. We may also provide your information to our affiliated companies and successors. We reserve the right to provide third parties with aggregate statistics about our clients, traffic patterns and related site information. This data reflects site usage patterns, but does not contain personally identifiable information about any individual user.

6. What Should Parents Know About Children

6.1. We understand the importance of protecting children’s privacy in the interactive world. We do not use the App to knowingly collect Personal Information from children under the age of 13 without parental consent. If you are a child under 13 years of age, you are not permitted to use the App and should not send any information about yourself to us through the App.

6.2. In the event that we become aware that we have collected Personal Information from any child, we will dispose of that information in accordance with the Children’s Online Privacy Protection Act. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with information without your consent, please contact us at customercare@pelotero.com, and we will take reasonable steps to ensure that such information is deleted from our databases.

7. Security

We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed 100% secure. As a result, we cannot guarantee or warrant the security of any information you transmit to or from our App, and you provide us with your information at your own risk.

8. How Long Is My Personal Information Retained

We will keep your Personal Information only as long as is commercially reasonable for the purposes described in the Privacy Policy or for any such period as may be required by applicable law.

9. Changes to the Privacy Policy

We reserve the right to change this Privacy Policy at any time. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our App indicates your consent to the privacy policy posted at the time of use and you will be bound by such changes unless you advise us in writing, by phone or by e-mail that you wish to withdraw your consent (as per the procedure outlined above). You are responsible for regularly reviewing the Privacy Policy and any changes thereto.

10. California Privacy Rights

10.1. California’s Civil Code section 1798.100 et seq. provides residents of California a number of rights as they relate to Personal Information. These are the “right to know”, the “right to delete”, and the “right to opt-out”.

10.2. Right to Know. You may request us to provide you the specific pieces of Personal Information that we have about you; categories of Personal Information we have collected about you; categories of sources from which the Personal Information is collected; categories of Personal Information that we sold or disclosed for a business purpose about you; categories of third parties to whom the Personal Information was sold or disclosed for a business purpose; and the business or commercial purpose for collecting or selling Personal Information. Please note that much of the information you can make a request for is already contained in this Policy. Should you wish to exercise this right, please see Section 13 above or section 16 below which explains how to do so. If you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.

10.3. Right to Delete. California law gives residents a limited right to request deletion of their Personal Information. However, this right is limited by a number of exceptions. Fundamentally, if we have a permissible need to retain Personal Information, we are not under an obligation to delete such information, even when requested. Generally, we retain Personal Information so we may complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality of our online properties; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; comply with a legal obligation; or otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which your provided the information. As such, we generally do not accept requests to delete Personal Information. However, we will respond to requests to remove Personal Information from some of our systems as a part of a request to close or otherwise disable a membership account. If you would like to request deletion of Personal Information, please see the section below which explains how to do so. If you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.

10.4. Right to Opt-Out. While our practices are not “selling” Personal Information in the traditional sense, our participation in interest-based ad networks can be considered a “sale” under California law. If you would like to opt-out of any sale of your Personal Information, you may do so by using the “opt-out” mechanisms as specified in section 5.8 above.

10.5. Designating an Authorized Agent. California law permits California residents to designate an agent to manage their rights under California law. If you would like to designate an agent to manage your privacy preferences, you may do so using the mechanisms noted below under “Exercising California Privacy Rights”. Note that If you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request. We will also need sufficient Personal Information about your authorized agent to be able to identify them. As part of this process, you must have permission from your authorized agent to disclose their Personal Information to us for the purpose of acting as your agent.

10.6. Non-discrimination. California law does not permit us to discriminate against you because you exercised any your rights under this title, including, but not limited to, by: denying you access to goods or services; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services; suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

10.7. Exercising California privacy rights. If you are a California resident and would like to exercise any of your rights you may do so by contacting us via the methods noted above in the various sections as well as specified below. Please be aware that we will need to have sufficient information to be able to verify your identity and the rights you have in the data subject to your request.

15. Questions or Comments

If you have any questions, comments or concerns, please contact us in any one of the following ways:

Click here to go to Contact Us comment form.

Send an e-mail to: customercare@pelotero.com Call 1-512-436-3524;

Send your request by mail to:

Pelotero Corporation
2100 Downing Lane, Suite B
Leander, TX 78641
ATTN: Internet Customer Service

END USER LICENSE AGREEMENT

Effective Date: November 1, 2020

Welcome to the Pelotero Mobile App (“App”). This EULA governs your access and use of the App, offered by Pelotero and its subsidiaries (“Pelotero”) and related updates, upgrades and features offered by Pelotero and/or live events hosted by or in connection with Pelotero through the App (collectively “Pelotero App Services”).

BY USING THE APP AND ANY PELOTERO APP SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL THE APP OR USE THE Pelotero APP SERVICES. YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW TO RESOLVE ANY DISPUTES WITH Pelotero IN RELATION TO THIS END USER LICENSE AGREEMENT (“EULA”).

1. Pelotero Account

1.1. You need an Pelotero Account to access and use the many Pelotero App Services, including scheduling, player development programming, athlete development, and related team management services.

1.2. To create an Pelotero Account, you must have a valid email address, and provide truthful and accurate information. You must be eligible to use the Pelotero App Service for which you are registering and must be resident of a country where use of Pelotero App Services is permitted.

1.3. You must be at least 13 years of age (or such other minimum age as is applicable in your country of residence) to create an Pelotero Account. If you are aged between 13 and 18 (or the age of majority where you live), you and your parent or guardian must review this EULA together. Parents and guardians are responsible for the acts of children under 18 years of age when using Pelotero App Services. Pelotero recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child.

1.4. You are responsible for the activity on your Pelotero Account. Your Pelotero Account may be suspended or terminated if someone else uses it to engage in activity that violates this EULA.

1.5. You may cancel your Pelotero Account at any time. You also may cancel a subscription to a particular Pelotero App Service at any time. Contact Pelotero’s Customer Service Department at https://pelotero.com/customer-service/ to cancel your Pelotero Account.

2. License

The Pelotero App Services are licensed to you, not sold. Pelotero grants you a personal, limited, non-transferable, revocable and non-exclusive license to use the Pelotero App Services to which you have access for your non-commercial use, subject to your compliance with this EULA. You may not access, copy, modify or distribute any Pelotero App Service, Content or Entitlements (as those terms are defined below), unless expressly authorized by Pelotero or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from the App or any Pelotero App Services. Pelotero or its licensors own and reserve all other rights, including all right, title and interest in the Pelotero App Services and associated intellectual property rights.

3. Content and Services

3.1. The Pelotero App Services include Content and Services. Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to or from Pelotero App Services, as well as the design and appearance of our Apps and websites. All Content is either owned by Pelotero or its licensors, or is licensed to Pelotero and its licensors pursuant to this EULA.

3.2. Services are the specific functionality which you can access from the App or related websites. They can include: the intelligent program builder, interconnected calendars for athletes and coaches, messaging, billing, facility and coach scheduling, inventory and resource management, data warehouse and reporting, athlete questionnaires, and other tools to improve the athlete development process.

3.3. You will provide at your own expense the equipment, Internet connection and charges required to access and use Pelotero App Services.

4. Availability of Pelotero App Services and Updates

4.1. We do not guarantee that any Pelotero App Service will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Pelotero App Service, Content or Entitlements for any particular length of time. Pelotero does not guarantee that Pelotero App Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.

4.2. From time to time, Pelotero may update, change or modify an Pelotero App Service without notice to you. These updates and modifications may be required in order to continue to use Pelotero App Services.

5. Rules of Conduct

5.1. When you access or use an Pelotero App Service, you agree that you will not:

(a) Violate any law, rule or regulation.

(b) Interfere with or disrupt any Pelotero App Service or any server or network used to support or provide an Pelotero App Service, including any hacking or cracking into an Pelotero App Service.

(c) Use any software or program that damages, interferes with or disrupts an Pelotero App Service or another’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.

(d) Interfere with or disrupt another individual’s use of an Pelotero App Service. This includes disrupting the normal functionality, chat or similar communications within a Pelotero App Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.

(e) Harass, threaten, bully, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.

(f) Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that Pelotero (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.

(g) Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.

(h) Impersonate another person or falsely imply that you are an Pelotero employee or representative.

(i) Improperly use in-game support or complaint buttons or make false reports to Pelotero staff.

(j) Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on Pelotero App Services.

(k) Modify any file or any other part of the Pelotero App Service.

(l) Use exploits, cheats, undocumented features, design errors or problems in an Pelotero App Service.

(m) Use or distribute counterfeit software or Pelotero Content, including personal information related to Pelotero App users or subscribers.

(n) Sell, buy, trade or otherwise transfer or offer to transfer your Pelotero Account, any personal access to Pelotero App Services, or any Pelotero Content associated with your Pelotero Account.

(o) Use an Pelotero App Service in a country in which Pelotero is prohibited from offering such services under applicable export control laws.

(p) Engage in any other activity that significantly disturbs the peaceful, fair and respectful environment of an Pelotero App Service.

(q) Use information about users publicly available in any Pelotero App Service (e.g. on a scheduler) for any purpose unrelated to the Service.

(r) Promote, encourage or take part in any prohibited activity described above.

5.2. If you or someone using your Pelotero Account violates these rules and fails to remedy this violation after a warning, Pelotero may take action against you, including revoking access to certain or all Pelotero App Services, or terminating your Pelotero Account. In case of severe violations, Pelotero may take these actions without issuing a prior warning. When practical, Pelotero will notify you of the action it will take in response to violations of these rules or breach of this EULA.

5.3. Specific Pelotero App Services (for example billing or facility scheduling) may post additional rules that apply to your use of those services.

5.4. If you encounter another user who is violating any of these rules, please report this activity to Pelotero using the “Help” or “Report Abuse” functions in the relevant Pelotero App Service.

5.5. Pelotero may, in its discretion, monitor or record online activity or Content on Pelotero App Services and may remove any Content from any Pelotero App Service at its discretion.

6. Technical and Content Protection Measures

Pelotero utilizes certain technical or content protection measures to prevent piracy and the unauthorized copying or use of an Pelotero App Service.Pelotero utilizes certain technologies to detect and prevent misuse in connection with the use of Pelotero App Services. Pelotero may use its own or third party monitoring technologies.

7. Termination and Other Sanctions

7.1. This EULA is effective until terminated by you or Pelotero. Pelotero may terminate your access and use of any Pelotero App Services or your Pelotero Account if Pelotero determines that you have violated this EULA or that there has been otherwise unlawful, improper or fraudulent use of Pelotero App Services associated with your Pelotero Account. When practical, Pelotero will notify you of the termination. You may lose your user name and persona as a result of an Pelotero Account termination. If you have more than one Pelotero Account, depending on the type of violation or misuse, Pelotero may terminate all of your Pelotero Accounts and all related Entitlements. If your Pelotero Account is terminated, you will not have access to your Pelotero Account or Entitlements and may be barred from accessing or using any Pelotero App Service again. Upon termination, your license under this EULA also shall terminate.

7.2. Instead of termination and prior to any termination, Pelotero may issue you a warning, suspend or alter your access to a particular Pelotero App Service or your Pelotero Account, remove or revoke Entitlements at an Pelotero Account or device level, remove or delete any content which is in violation with this EULA, or ban your device or machine from accessing specific Pelotero App Services. If Pelotero takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no Entitlements will be credited to you or converted to cash or other forms of reimbursement.

7.3. Pelotero may terminate any Pelotero App Service at any time by giving at least thirty days’ notice either via email (if available), within the affected Pelotero App Service, or on the service updates page of the app store which you used to download the App. After termination, no updates will be applied to our Apps and we can’t guarantee the App will continue be available for download via any app stores. Any App available via iCloud or other applicable app store after online service termination may be removed from iCloud or other applicable app store without further notice to you.

7.4. If you believe that any action has been taken against your Account or device in error, please contact Customer Support at https://pelotero.com/customer-service/.

7.5. Sections 5, 8-9, 11-15 of this EULA survive termination of this EULA.

8. Warranties; Limitation of Liability

PELOTERO APP SERVICES ARE LICENSED AND PROVIDED “AS IS.” YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, PELOTERO GIVES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. PELOTERO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR PELOTERO APP SERVICE; THAT THE PELOTERO SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE PELOTERO APP SERVICE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING, OR VIRUSES, OR THAT PELOTERO APP SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER MOBILE DEVICE YOU MAY SUBSEQUENTLY PURCHASE. PELOTERO DOES NOT WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED VIA ANY APP STORE.

9. General Terms

9.1. Entire EULA.This EULA, together with any other Pelotero terms that govern your use of Pelotero App Services, constitutes the entire agreement between you and Pelotero. The EULA may not be amended or modified unless made in writing and signed by Pelotero. The failure of Pelotero to exercise any right under this EULA shall not constitute a waiver of the right or any other right. If any part of this EULA is held to be unenforceable, all other parts of this EULA shall continue in full force and effect.

9.2. Governing Law. (i) This EULA is between you and Pelotero Corporation, with a principle place of business at 2100 Downing Lane, Suite B, Leander, Texas 78641; (ii) the laws of the State of Texas, excluding its conflicts-of-law rules, govern this EULA and your use of Pelotero App Services; and (iii) you expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to this EULA or Pelotero App Services shall be the federal or state courts that govern Travis County, Texas, and you expressly consent to the exercise of personal jurisdiction of such courts.

9.3. Export. You agree to follow U.S. and other export control laws and agree not to transfer an Pelotero App Service to a foreign national, or national destination, that is prohibited by such laws. You also acknowledge you are not a person with whom Pelotero is prohibited from doing business under these export control laws.

9.4. Changes to this EULA. Pelotero may modify this EULA from time to time, so please review it frequently. For Pelotero users who accepted a version of this EULA prior to modification, the revisions will become effective 30 days after posting at www.pelotero.com/terms. Your continued use of Pelotero App Services means you accept the changes. If you we make any material changes to this EULA and you decline to agree to such changes, you must not continue to use the Pelotero App or the Pelotero App Service.

10. Dispute Resolutions by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND PELOTERO CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND PELOTERO TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.

10.1. This Section offers a streamlined way to resolve disputes between us if they arise. Most of your concerns can be resolved quickly and satisfactorily by logging into the Pelotero customer support interface with your Account at https://pelotero.com/customer-service/. If Pelotero cannot resolve your concern, you and Pelotero agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.

10.2. You and Pelotero mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from the speedy, economical, and impartial dispute resolution procedure of using binding arbitration for any “Covered Claims” (as defined below) that arise between You and Pelotero, its related and affiliated companies, and/or any current or former employee, officer, or director of Pelotero or any related or affiliated company. You and Pelotero agree that this Arbitration and Class Action Waiver is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even after these Terms and Conditions (‘Terms’) and any Services terminate. Any revision to or termination of the Terms that modify or terminate this Arbitration and Class Action Waiver shall not apply to a pending arbitration, to any claim that accrued prior to the modification or termination, or to any claim that the asserting party knew about prior to the modification or termination, except as may be required by applicable law.

10.3. Claims Covered by Arbitration

Other than the exceptions in the section below, “Covered Claims” include any and all controversies, disputes, disagreements, and claims arising out of, or relating to, this EULA (including its enforcement, breach, performance, interpretation, validity, or termination), or Your access to and/or use of the Pelotero App or the provision of content, services, and/or technology on or through the App to the fullest extent allowed by law.

10.4. Claims Not Covered by Arbitration

The Covered Claims do not include (and thus shall not require arbitration of) the following types of claims that will hereafter be referred to as “Excluded Claims”: (a) any claims that cannot be required to be arbitrated as a matter of law; (b) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including but not limited to those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (c) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court’s jurisdiction.

10.5. Arbitrability Determinations

If a party violates the agreement to arbitrate by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of the this Arbitration and Class Action Waiver. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Arbitration and Class Action Waiver for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Arbitration and Class Action Waiver, including the Class Action Waiver.

10.6. Informal Negotiations

You and Pelotero shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. Pelotero will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: Pelotero Corporation, 2100 Downing Lane, Suite B, Leander, TX 78641, Attention: Legal Department.

10.7. Binding Arbitration

(a) To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first class mail to: Pelotero Corporation, 2100 Downing Lane, Suite B, Leander, TX 78641, Attention: Legal Department. You and Pelotero agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by AAA. Except to the extent that they are modified by the rules below, if You are an individual person, the AAA Consumer Arbitration Rules that are in effect at the time of the filing of the demand (and that are available at https://www.adr.org/sites/default/files/Consumer_R…) will apply. Except to the extent that they are modified by the rules below, if You are not an individual person, but are an entity or company, the AAA Commercial Arbitration Rules that are in effect at the time of the filing of the demand (and that are available at https://www.adr.org/sites/default/files/Commercial…) will apply.

(b) The parties agree that the applicable AAA rules are modified as follows:

(i) Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under Texas law.

(ii) No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.

(iii) All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information (“ESI”). If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.

(iv) The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Covered Claim(s).

(v) Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.

(vi) The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.

(vii) The Federal Rules of Evidence shall apply to all arbitration proceedings.

(viii) For discovery purposes only, an arbitrator may consolidate claims filed by multiple individuals, each on their own behalf, in a single arbitration proceeding, or may conduct a joint hearing for efficiency purposes, so long as the arbitrator does not (a) certify (conditionally or otherwise) a collective, class, or representative action that includes individuals who have not themselves already submitted their own individual claims, or (b) authorize the issuance of notice of the arbitration to individuals on the grounds that the arbitrator or any party believes there are other individuals who are similarly situated to or share commonality with a party to the arbitration.

(ix) The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.

(x) The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.

(xi) The parties may settle any dispute on a mutual basis without involvement of the arbitrator.

(xii) If You initiate arbitration, You will pay the first $250, and Pelotero will pay all other filing, administrative, or hearing fees. If the Pelotero initiates arbitration, Pelotero will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, You will remain responsible for Your attorneys’ fees and costs unless the law governing the Covered Claim provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that You may recover a certain amount of attorneys’ fees and costs.

10.8. Class Action Waiver

Except as otherwise required under applicable law, You and Pelotero agree to arbitrate any Covered Claims only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding (“Class Action Waiver”).No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding.

10.9. Location

If you live in the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of Travis, State of Texas, United States of America, and you and Pelotero agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

10.10. If any term or condition in this Arbitration and Class Action Waiver is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Arbitration and Class Action Waiver shall not be affected. Provided, however, that if the Class Action Waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in Austin, Texas, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

Please choose one of the mentioned plan

PARENT/GUARDIAN CONSENT FORM

This Pelotero Parent / Guardian Consent Form must be completed by the parent or legal guardian (referred to as "Parent/Guardian" or as "You" or “Your”) of a child under the age of 13 (the "Minor") for whom the Parent / Guardian would like to create a Pelotero account (“Account”) to enable the Parent / Guardian and the Minor to use the services available through its www.pelotero.com and app.pelotero.com websites and apps (the “Services”). In order to create an Account and register the Minor to access and use the Services offered through the Account, the Minor’s Parent / Guardian must complete and submit this Consent Form. Pelotero collected Your email address from the Minor for the purpose of getting Your consent to collect, use, or disclose personal information from the Minor. Pelotero requires Your consent for its collection, use, or disclosure of the Minor’s personal information. Pelotero will not collect, use, or disclose personal information from the Minor if You do not provide consent. If You do not give consent within a reasonable time, the operator will delete the Parent/ Guardian’s online contact information from its records. By clicking "I Agree" below, You, as the Parent / Guardian of the Minor, are verifying that You are the parent or legal guardian of the Minor that You are registering for the Services, and You hereby acknowledge that you have accessed, read, agree and consent, both individually and on behalf of the Minor, to the terms in the Terms of Service and Privacy Policy at the links below: End User License Agreement | Privacy Policy You acknowledge and represent that where this Consent Form references an acknowledgement or agreement by the Minor, You, as the Parent / Guardian, are making such agreement on behalf of the Minor and that You have the legal authority to provide such consent. You also acknowledge that You will supervise and monitor the access of the Minor to Services, and You are responsible for the Minor’s activities and conduct when he / she uses the Services.

ENTER YOUR FULL LEGAL NAME