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Third Party Privacy Policies
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DMCA Digital Millennium Copyright Act Policy
International Tennis Performance Association (ITPA) will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
To File a Notification
A written notification must be made. This can be done by written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. The notification must:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own).
- Identify the item that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item in ITPA websites or other materials.
- Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
- (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to "prove" substantive claims.) If ITPA posted the content, this does not apply.
- Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the paper.
Send the written document to the designated Copyright Agent at the ITPA:
International Tennis Performance Association, LLC (ITPA)
Attn: Designated Copyright Agent
2500 Dallas HW SW Ste 202-141
Marietta, GA 30064
To file a counter-notification:
- List the information that was removed by the ITPA administrators, and the location on the website at which the material appeared before it was removed.
- Provide your name, address, telephone number, email address (if available).
- State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or Woodstock, GA if your address is outside of the United States).
- State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
- State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Sign the paper.
International Tennis Performance Association, LLC (ITPA)
Attn: Designated Copyright Agent
2500 Dallas HW SW STe 202-14
Marietta, GA 30064
How do I make a DMCA notification or counter-notification?
Please follow the instructions above precisely, including only the enumerated information. Inclusion of any information beyond the specifically required information and optional information listed above could significantly impede review of your attempted notification. You may find it simplest to cut-and-paste the numbered items above and use them as headings for the information you are submitting.
How does the ITPA determine who "wins" and "loses"?
The ITPA does not adjudicate the substance of the copyright claim: we do not declare winners and losers. Your copyright in an item is determined real-world processes including the DMCA. The DMCA process allows users of an online service to resolve copyright disputes using the adjudication systems available.
Can I submit my notices over email?
Unfortunately, email addresses posted on public website pages quickly become the target of spam, making it difficult to review legitimate communications. Please submit information as requested above; if digital files are necessary to identify materials in question, we can make arrangements for digital delivery.
I don't agree with the required statements. Do I have to state these things?
We will not accept notices under the DMCA that do not include the statements required by the DMCA.
Can you change the DMCA process?
The Digital Millennium Copyright Act is federal law, passed by the United States Congress. The ITPA does not have the power to change congressional acts.
Why is the ITPA imposing liability for damages for false claims of copyright infringement?
The liability for damages for false claims is a provision of the DMCA, which was not written by the ITPA. Note that these damages and legal fees can be significant, for example http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/.
Can the ITPA give me legal advice concerning my claim?
The ITPA cannot provide legal advice to you. If you are uncertain about any legal issues, you are well-advised to obtain the services of a competent legal professional.
Do you terminate memberships based on DMCA claims?
If the ITPA believes that a certified or affiliate member is continually abusing the DMCA process, either with filings that appear to be without basis, or by continually re-posting content that is the subject of valid DMCA notifications, we may exercise our right to terminate the abusing party's account. Keep in mind though, that the ITPA’s actions still do not determine the substantive outcome of copyright disputes. Copyright matters are real-world rights, governed by real-world systems.
Where can I find more information about the DMCA and other copyright laws?
There are many available resources on the Internet. The ITPA is not responsible for the content provided by these other resources, but we have found the following to be informative:
A summary of the Digital Millennium Copyright Act can be found at:
The text of the Digital Millennium Copyright Act can be found here:
We believe it is important to provide added protection for children online. We encourage parents and guardians to spend time online with their children to observe, participate in and/or monitor and guide their online activity. www.itpa-tennis.org does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that www.itpa-tennis.org has in its database the personally-identifiable information of a child under the age of 13, please contact us immediately (using the contact in the first paragraph) and we will use our best efforts to promptly remove such information from our records.
ITPA Website General Disclaimer
All the information on this website is published in good faith and for general information purpose only. www.itpa-tennis.org does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website (http://www.itpa-tennis.org), is strictly at your own risk. www.itpa-tennis.org will not be liable for any losses and/or damages in connection with the use of our website.
From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone 'bad.'
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their "Terms of Service" before engaging in any business or uploading any information.
By using our website, you hereby consent to our disclaimer and agree to its terms. Site disclaimer was last updated on: January 7, 2016. Should we update, amend or make any changes to this document, these changes will be prominently posted here.
Terms and Conditions for the ITPA website
These terms and conditions and terms of service govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
License to use website
Unless otherwise stated, http://www.itpa-tennis.org and/or its licensors own the intellectual property rights published on this website and materials used on www.itpa-tennis.org and www.itpamembers.org. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website in neither print nor digital media or documents (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website;
- redistribute material from this website - except for content specifically and expressly made available for redistribution; or
- republish or reproduce any part of this website through the use of iframes or screenscrapers
- Where content is specifically made available for redistribution, it may only be redistributed within your organization.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.itpa-tennis.org or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without http://www.itpa-tennis.org's express written consent.
- data mining
- data extraction
- data harvesting
- 'framing' (iframes)
- Article 'Spinning'
You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of http://www.itpa-tennis.org.
Access to certain areas of this website, such as the ITPA Inner Circle Member-Only Website, is restricted. www.itpa-tennis.org reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. www.itpa-tennis.org may change or modify this policy without notice.
If www.itpa-tennis.org provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
www.itpa-tennis.org may disable your user ID and password at http://www.itpa-tennis.org's sole discretion without notice or explanation. Your access to the Inner Circle will automatically be disabled if you do not pay member dues each year of $89 and re-certification dues/CPEC credits every 2 years of $49.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to www.itpa-tennis.org a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to www.itpa-tennis.org the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or www.itpa-tennis.org or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. www.itpa-tennis.org reserves the right to edit or remove any material submitted to this website, or stored on the servers of www.itpa-tennis.org, or hosted or published upon this website.
www.itpa-tennis.org's rights under these terms and conditions in relation to user content; www.itpa-tennis.org does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. www.itpa-tennis.org and www.itpamembers.org makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, www.itpa-tennis.org does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability www.itpa-tennis.org will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill or loss or corruption of information or data.
These limitations of liability apply even if www.itpa-tennis.org has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of International Tennis Performance Association, LLC. in respect of any:
- death or personal injury caused by the negligence of www.itpa-tennis.org or its agents, employees or shareholders/owners;
- fraud or fraudulent misrepresentation on the part of www.itpa-tennis.org; or
- matter which it would be illegal or unlawful for www.itpa-tennis.org to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, International Tennis Performance Association has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ITPA’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the ITPA’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as www.itpa-tennis.org and www.itpamembers.org.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify www.itpa-tennis.org and undertake to keep www.itpa-tennis.org indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by www.itpa-tennis.org to a third party in settlement of a claim or dispute on the advice of the ITPA’s legal advisers) incurred or suffered by www.itpa-tennis.org arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to www.itpa-tennis.org's other rights under these terms and conditions, if you breach these terms and conditions in any way, www.itpa-tennis.org may take such action as www.itpa-tennis.org deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
www.itpa-tennis.org may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
www.itpa-tennis.org may transfer, sub-contract or otherwise deal with www.itpa-tennis.org's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Cobb County, Georgia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Cobb County, Georgia.
http://www.itpa-tennis.org's details : The owner of http://www.itpa-tennis.org and www.itpamembers.org is International Tennis Performance Association, LLC.
Purchasers of products or certifications in the state of Georgia, USA will be charged sales tax.
Purchase Refund Policy: TPT, CTPS, MTPS, FITPA and Affiliate Memberships are non-refundable, even if the online exam (when applicable) is not passed. Digital Downloads or ebooks are also non-refundable, while physical products that are mailed (DVDs, books, workbooks, etc) are refundable, if ITPA is notified of intent to return within 7 days of receiving the item. Return shipping is the responsibility of the buyer. The ITPA makes every effort to ensure that the content of the certifications and in products such as DVDs is accurate and up-to-date, but ITPA does not offer any warranties (whether express implied or otherwise) as to the reliability, accuracy or completeness of the information appearing in these materials. ITPA may remove/change material from the certification or other products at its own discretion and without giving any notice. TPT, CTPS and MTPS certifications (once passed) will be billed $89 for member dues each year and $49 re-certification fee every 2 years (billed at year end). Certified members will also be required to submit Continuing Professional Education Credits at the same time re-certification is due. Any late member dues or re-certification fees will result in immediate termination of certified status and access to the ITPA Inner Circle Member-Only website.
Any information offered in relation to injury prevention, nutrition and other tennis-specific data, including relation to medical issues, while based on scientific evidence is intended for educational purposes and seeking the advice of a professional is always recommended. You should always consult a doctor for diet, nutritional and medical advice specific to any health risks you are unsure about. If you choose to rely on such information you do so entirely at your own risk and (subject to applicable laws), and ITPA cannot be held responsible for the outcome.
Users may not modify, copy, distribute, transmit, display, redistribute, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any material found in the certification exams, DVDs, books, workbooks or any other material given by the ITPA. Do not distribute or forward any downloads, as each download expires after 24 hours and is intended only for the person who purchased it. Anyone who is caught distributing materials illegally will be prosecuted to the fullest extent of the law.
The certification exams, logos and study materials and its contents are copyright material; the copyright is owned by the ITPA unless stated otherwise. Without limiting the foregoing, copying the above listed materials to any other server or location for publication, reproduction or distribution is expressly prohibited.
The Internet is by its nature an unreliable medium. Consequently, you accept that this website and e-commerce site is offered on an “as is” and “as available” basis. The ITPA takes all reasonable steps to ensure that this site is properly functioning at all times, but the ITPA does not warrant that this e-commerce website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this website or the server that makes it available are free of software viruses or bugs or other defects.