Privacy Notice & Terms of Use

Website Privacy Policy
Website Terms of Use
Terms & Conditions of iQ Instructor Service

Privacy Policy

This privacy policy is intended to assist you in understanding what information we gather about you when you visit TheQsport.com/TheQsport.net (the “Website”), how we use that information, to whom it is disclosed, and the safeguards we have in place for the information.  This Privacy Policy applies only to information collected online through the Website .

The words “we,” “us” and “our” refer to all of our affiliated businesses involved with the Website, including iQ Sport Inc., iQ Fastpitch LLC, Queen of Diamonds, LLC, WSM Enterprises, and Qathlete Inc


Information Collected Online
1.        General Browsing:

We gather navigational information about where visitors go on our Website and information about the technical efficiencies of our Website and services (i.e., time to connect to the Website, time to download pages, etc.).  This information allows us to see which areas of the Website are most visited and helps us improve the quality of our visitors’ and members’ online experience by recognizing and delivering more of the most desired features and services.  Additional non-personally identifying information (for example, domain type, browser version, service provider and IP address) may be collected which will provide information regarding the general use of the Website. 

2.         Collection of Personally Identifiable Information if You Are 13 or Older:

We will ask you to provide personally identifiable information when you apply to participate in tournaments, to register with the iQ, to register with the Q athlete, to register with the Queen of Diamonds Showcase Tournaments, to register with the Queen of Diamonds 14U Tournament, to register with the Queen of Diamonds Junior Nationals, Europe Cup Trip, or to contact us.

For athletes, categories of information collected online include name, address, telephone number, email address, birthday, graduation year, position, player statistics, height and weight, parents’ names, email addresses, and telephone numbers, your team information, GPA, standardized test scores, player statistics, reference information, university preferences, and any other information you choose to provide us. 

For coaches, categories of information collected online include your name, email address, telephone number, team name and location, assistant’s name, university name and division, and any other information you choose to provide us.

3.         Collection of Personally Identifiable Information for Children Under 13

Only visitors 13 and older are permitted to provide personally identifiable information through the Website.  For children who indicate that they are under the age of 13, we will only collect a parent's/guardian's email address.  We will then send the parent/guardian an email notice and a request that the parent/guardian complete the registration for their child. Before the child will be a registered athlete, the child's parent/guardian must consent by completing the child's  registration information.

If a parent/guardian does not wish to consent to their child’s registration, the parent/guardian may ignore the email notice and decline completing the registration form.  Should a parent/guardian initially consent by completing the registration form, the parent/guardian can cancel that consent at any time and request deletion of their child’s personal information by emailing such a request to us at chad@theqsport.com


Review of Information Provided About a Child
For parents/guardians who have completed their child's registration at the Website, they can review the personally-identifiable information they provided about their child online by sending an email to chad@theqsport.com. When making a written request to review such information, please be sure to include your email address and telephone number where we can reach you. To protect your child's privacy and security, we will take reasonable steps to verify your identity before granting you access to the personal information that you provided and we maintain about your child.


How We Use and Share Information Collected Online
We use the information you provide to communicate with you to provide event information, to allow visitors to the Website to view limited information (for example, athlete name, graduation year, state, position, statistics and awards or honors), and to evaluate and communicate with you regarding your requests (for example, your or your child’s application to join the Cup team),  and to allow users who have registered with the Website as college coaches to search and view athlete information.

We may share athletes’ personal information with our affiliated companies (for example, iQ Sport Inc., iQ Fastpitch, LLC, Queen of Diamonds LLC, Qathlete, Inc. and WSM Enterprises, Inc.), college coaches, and our staff.  Users registered as college coaches must agree that our information may only be used for recruiting purposes and may not be used by anyone for any other purpose and that your information may only be copied for college coaches’ personal use, and may not be reproduced for any other reason except with the express written permission of the iQ Sport Inc., iQ Fastpitch LLC, Queen of Diamonds, LLC, WSM Enterprises, or Qathlete Inc. and each athlete and/or his or her parents.

Please be aware that we may use third parties to help provide services to you and to assist us with this Website, such as staffing our events, monitoring Website activity, hosting the Website, and processing applications.  These third parties may have access to and use of the information collected from you in order to perform their services.

If you choose to make a payment at the Website, you will be linking to another website hosted by a third party service provider and will be providing your information (e.g., name, postal address, email address, phone number, credit or debit card information and other information) to that service provider, and you will be subject to its privacy policy and practices.  To learn how this service provider will use your personal and other information, you should review its privacy policy by clicking on the link(s) available at the service provider’s website.  The service provider may also provide certain of your information to us regarding the payment.  If for any reason you cannot access the service provider’s website, or if you're not quite comfortable shopping online with us, please feel free to contact us to place your order.

You should also be aware that we may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of the Website, the Website itself, or the public.

There is a possibility that iQ Sport Inc., iQ Fastpitch, LLC, Queen of Diamonds, LLC, WSM Enterprises., or Qathlete Inc. could merge with, acquire or be acquired by another business entity, or be involved in a corporate reorganization or other change of control.  If such an action occurs, some or all of the personal information collected about you or your child would be shared with such entity, and may also be retained by iQ Sport Inc., iQ Fastpitch, LLC, Queen of Diamonds, LLC, WSM Enterprises., and/or Qathlete Inc.  Other than this acquisition, sale or reorganization, we do not sell or rent personal information collected through the Website to unrelated third parties.


Public Forums

We may make blogs, chat rooms, message boards, and/or other forums available to its users at various times. Please remember that, unless otherwise stated, any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information in these areas. We may have specific terms of use for these features and you must agree to comply with these terms of use prior to your initial use of these public forums.


International Visitors
If you are visiting the Website  from a location outside of the U.S., your connection will be through and to computers located in the U.S. and all information you provide will be processed and maintained in our Website servers and internal systems located in the U.S.  This privacy policy governs the information collected by or on behalf of this Website irrespective of where you are located when you access it, browse it, or interact with it.


Cookies 

The Website and its third party service providers may use a browser feature known as a cookie. A cookie is a small data file that is stored by your Web browser on your computer.  Cookies are typically stored on your computer's hard drive and are used by the Website to help track clicks and pass information as you go through the pages within our Website. We may also use cookies to tell us whether the Website has been previously visited by you or someone using your computer and to assist in the administration of your use of features and programs on our site.


Privacy of Children on Our Website

We have implemented procedures to avoid collecting, using or disclosing personal information of users under 13 years of age without the consent of their parent or guardian.


Links

For your convenience and information, the Website may contain links to other websites.  We do not evaluate and are not responsible for the privacy practices or the content of such websites.  We encourage you to review the privacy policies of each link to ensure that you are comfortable with their privacy policies and practices.


Updates to Privacy Policy

We may modify the Website’s information collection and use practices.  If there is a material change to our information collection and use practices, it will be applied only to information collected on a going forward basis, and we will update this privacy policy statement.  For children under the age of 13 for whom parents have registered their child, we will send a new notice and request for parental consent before any new collections of personally identifiable information occurs and/or any new uses of previously collected personally identifiable information occurs that are not detailed in this privacy policy.


Security Statement

We have implemented some administrative, technical and physical measures to address the confidentiality of personal information collected on this Website.  Although we have implemented some security measures, you should be aware that 100% security is not possible.


Contact Us

If you have questions or concerns regarding our privacy practices, please feel free to contact us.
This privacy policy is effective April 27, 2008.
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TheQsport.com/TheQsport.net Website Terms of Use

 (“Terms of Use”)


Overview

The following terms and conditions apply to all visitors to and users of the www.TheQsport.com/www.TheQsport.net website (the or this “Website”).  By using this Website, you agree to be bound by these Terms of Use as they may be modified by us at any time or times and posted on this Website.  For this reason, we encourage you to review these Terms of Use whenever you visit the Website.  In the event of a violation of these terms and conditions, we reserve the right to seek all remedies available by law and in equity.

The terms “we,” “us” and “our” refer to the owners and operators of the website, including iQ Sport Inc., iQ Fastpitch LLC, Queen of Diamonds, LLC, WSM Enterprises, and Qathlete Inc.


Limited License

In connection with the creation, hosting, maintenance and/or display of the Website, we use certain of our proprietary materials or other materials licensed to us, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties.  All Materials are provided by us as a service to the visitors to and users of this Website, and, unless otherwise authorized, may be used only for personal informational purposes and only if you retain all copyright and other proprietary notices contained on the Materials.  No right, title or interest in our Materials is conveyed to you.  This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website, any of its Materials, or any related software without our prior written permission; (b) you may not access or use the Website for any commercial purpose, including, but not limited to, any attempt to gain access to our trade secrets, business plans or other proprietary information; and (c) you will not permit any copying of our Materials.  Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. We may revoke this limited license at any time for any or no reason. We reserve all rights in the Materials not expressly granted herein.


Trademarks

We retain all rights regarding our trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of iQ Sport Inc., iQ Fastpitch LLC, Queen of Diamonds, LLC, WSM Enterprises, or Qathlete Inc, and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Website. 


Linking

Links may be established from this Website to one or more external websites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience and information only.  In addition, certain Third Party Sites also may provide links to the Website.  None of such links should be deemed to imply that we endorse the Third Party Sites or any content therein.  We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites.  Access to any Third Party Sites is at your own risk and we will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.


User Content

All visitors to, users, and/or members of the Website, are responsible or liable for any content he/she posts or lists online inside the Website.  We will have no liability arising out of or related to visitors, users, and/or members content listed online inside the Website for any damages or loss caused or alleged to be caused by or in connection with any content listed online.


Members Account

Members of the Website  (including people who register for any of the following: iQ, Q Athlete, Queen of Diamonds Showcase Event, Queen of Diamonds Tournament 14U, Queen of Diamonds Junior Nationals, Europe Cup Trip, our coaching staff, umpire staff, and event staff who have access to products ) are solely responsible for the protection of your username, password, and athlete I.D. You agree not to disclose your username, password, and athlete I.D. to any third party. You are solely responsible for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You must immediately notify us of any loss of or unauthorized use of your username and password.


Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to event descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice.


Disclaimer of Warranty

Access to this Website is provided to our members and visitors “AS IS” and “AS AVAILABLE” and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT.  You acknowledge, by your use of this Website, that your use is at your own risk.  Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not fully apply to you.

Without limitation on the foregoing, we do not warrant that the Website will operate error-free or that the Website and its servers are free of computers viruses or other harmful mechanisms.  If your use of the Website results directly or indirectly in the need for servicing or replacing equipment or data, we is not responsible for those costs.  In addition, we make no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any content submitted by users of the Website. You agree that any reliance on documents and other communications posted by users will be at your own risk. We reserve the right to block or deny access to this Website to anyone at any time for any reason.


Jurisdiction

We control this Website from our offices within the State of Ohio. We do not imply that the materials published on this Website are appropriate for use outside of the United States.  If you access this Website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws.  The terms of this Website shall be governed by the laws of the state of Ohio, without giving effect to its conflict of laws provisions.


Your Communications
iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent., Qathlete Inc shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website and/or Staff for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.  Any personally identifiable information you provide to iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent., Qathlete Inc through the Website shall be subject to the Website’s Privacy Policy.


Limitation of Liability

IN NO EVENT WILL iQ SPORT INC., iQ FASTPITCH LLC, QUEEN OF DIAMONDS, LLC, WSM ENTERPRISES, OR QATHLETE INC. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not fully apply to you.

Revisions
We may terminate, change, suspend or discontinue all or any aspect of this Website, including the availability of any features of the Website, at any time or times and without notice.  We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. We may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Website after any changes to these terms are posted will be considered acceptance of those changes.


Consent to Electronic Delivery of Notices: 
By agreeing to these Terms of Use, you consent to receive all communications, including notices, agreements, legally-required disclosures or other information in connection with these Terms of Use or your use of the Website and related services (collectively, “Notices”) electronically from us.  You agree that we may send you electronic Notices by (a) email to an email address you provide to us for Notices, and/or (b) by posting the Notices on a main page of the Website or other webpage designated by us for this purpose.  You must check your designated email address regularly for Notices from us.  All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.  The delivery of any Notice from us is effective when sent or posted by us, regardless of whether you read the communication or when you receive it. You may withdraw your consent to receive notices electronically by discontinuing your use of the Website.

Last Updated: April 27, 2012

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TERMS AND CONDITIONS OF INSTRUCTOR SERVICE

These Terms and Conditions of Instructor Service (the “Terms and Conditions”) are incorporated by reference into, and form an integral part of, each iQ Fastpitch Test Services Agreement (the “Agreement”) entered into by iQ Fastpitch LLC (“iQ”) with an instructor (the “Instructor”). The Terms and Conditions are as follows:

1. Capitalized Terms. Capitalized terms used in these Terms and Conditions without definition that are defined in the Agreement shall have the meaning ascribed to such terms in the Agreement.

2. Instructor Warranties. Instructor warrants to iQ that: (a) Instructor has the capacity and authority to enter into the Agreement and the Instructor Release, and both such agreements are legally binding on Instructor and enforceable in accordance with their respective terms and (b) Instructor has not been charged or convicted of (i) any felony, (ii) any crime of moral turpitude, fraud or dishonesty or (iii) any sex crime.

3. Instructor Covenants. Instructor agrees with iQ that:
(a) Instructor shall comply in all material respects with the iQ Fastpitch Instructor Manual, as the same may be modified from time to time by iQ, and that is available to Instructor on the Website.

(b) Instructor shall comply with, and abide by, iQ’s Test refund and Test rescheduling policies in effect from time to time and that are available on the Website.

(c) In an effort to minimize risk of injury to participants or damage to property, Instructor shall exercise reasonable care to conduct the Test in a reasonably safe and conscientious manner under the circumstances present during the Test event. Without limiting the generality of the foregoing, Instructor (i) shall require each Test participant to wear batting helmets when involved in hitting tests and (ii) shall not conduct the Test during, and if necessary or appropriate, shall suspend or reschedule the Test event as a result of, severe weather conditions, such as severe winds, thunderstorms and/or lightning.

(d) Instructor shall be responsible for the payment of field rental costs, if any, in conducting the Test and any compensation that may be due to staff members retained by Instructor to assist in conducting the Test.

(e) iQ is authorized to set-off amounts that are owed by Instructor to iQ (e.g., for purchasing from iQ certain equipment to conduct the Test) against compensation amounts owed under the Agreement by iQ to Instructor.

(f) Within two calendar days after each Test conducted by Instructor, Instructor shall send to iQ, via overnight courier for next day delivery, all of the duly executed Participant Releases, Scantron Test sheets for the Test participants, the Staff Member Releases and other written confirmations contemplated by the Agreement.

(g) In the event that Instructor is at any time charged with (i) any felony, (ii) any crime of moral turpitude, fraud or dishonesty or (iii) any sex crime, Instructor shall promptly notify iQ in writing concerning such charge.

(h) Instructor shall not, by reason of gender, race, creed, color or sexual orientation, discriminate against any participant taking the Test administered by Instructor. Instructor and any person acting on behalf of Instructor shall not engage in any acts of sexual harassment against any participant in the Test administered by Instructor.

(i) Instructor shall comply in all material respects with all laws applicable to Instructor in rendering the services under the Agreement.

4. Termination of Agreement.
(a) iQ may terminate the Agreement by giving written notice of termination to Instructor upon or following a material breach by Instructor of any of the Instructor’s warranties or covenants in the Agreement.

(b) Instructor may terminate the Agreement by giving written notice of termination to iQ upon or following a material breach by iQ of any of iQ’s warranties or covenants in the Agreement.

(c) iQ may terminate this Agreement without cause upon thirty (30) days written notice to Instructor.

5. Modification of the Terms and Conditions.
The Terms and Conditions may be modified by iQ at any time and from to time to time upon not less than thirty days notice to the Instructor. If Instructor does not agree with any modifications, Instructor shall have the right to terminate the Agreement by providing written notice of termination to iQ during such thirty day period.

Dated Adopted: May 3, 2012
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