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PDU Terms of Service

Last Revised: July 22, 2025

Introduction

Welcome to the Terms of Service (the “Terms”) for Provenance Unlimited LLC d/b/a Provenance Development Unlimited, Pro. Dev., PDU, and Pro. Dev. Unlimited ("Company", "we", "our", or "us"). These Terms govern your access to and use of our website, including any content, tools, functionality, and offerings on or through our website, and other services provided by the Company (collectively, the "Services"). For purposes of these Terms, “you” and “your” mean you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

 

The use of our mobile app is governed separately by our End User License Agreement (EULA). Please review the EULA available via the app stores where the Company app is offered. The EULA is a legally binding document that is incorporated by reference into these Terms.

 

Please read these Terms carefully, as they include important information about your legal rights. Your use of and access to the Services are conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By accessing and/or using the Services, you acknowledge that you (i) have read and understood the Terms and (ii) agree to be bound by these Terms. If you do not understand or agree to these Terms, please do not use the Services.

 

1. Services Offered. The Company provides a range of youth development, athletic, educational, and related services, including, but not limited to, athletic camps, clinics, and training, as well as counseling regarding career and education opportunities related to your athletic prospects and involvement in teams and tournaments. Access to and participation in these Services may require registration (which may require execution of additional agreements and/or waivers and releases) and/or payment.


2. Eligibility. Users under the age of 18 must have verifiable parental or guardian consent, and the user’s parent or guardian must accept these Terms on the minor’s behalf before using the Services. You must (i) reside in the United States or any of its territories to use the Services, (ii) use the Services in compliance with any and all applicable laws, regulations, and the Terms, and (iii) have not previously been suspended, banned, or removed from the Services. By using our Services, you represent and warrant that you meet these requirements. 

 

Participation in the Services, including but not limited to teams, clinics, or educational opportunities, may be subject to additional eligibility criteria such as tryouts, applications, or evaluation. Company reserves the sole and absolute discretion to determine who may access and participate in any Services (to the extent permitted under applicable law), and may deny or revoke your access to the Services at any time and for any reason, including without limitation based on conduct, qualifications, availability, alignment with the goals and values of the program, noncompliance with these Terms.

3. User Account. To access certain Services, you may be required to create an account or link another account, such as your Google account (“Account”). We are not liable for any acts or omissions by you in connection with your Account. By creating an account and submitting registration data (e.g., for events, teams, or training), you represent that:

 

  • You are at least 13 years old, or have parental/guardian consent if under 13;

  • All information provided is accurate and up-to-date; and

  • You are solely responsible for maintaining the confidentiality of your login credentials and for all activities under your Account.

 

The Company reserves the right to suspend or terminate the Accounts of users that violate these Terms. You agree not to create any Account if we have previously removed you, or we have previously banned you from any of our Services, unless we provide written consent otherwise.

 

4. Payment and Refund Policy. Use of the Services may involve the purchase of products or services, including those of third parties offered through the Services (“Offerings”).  You acknowledge and agree that all information you provide with regard to a purchase of Offerings, including, without limitation, credit card, PayPal, or other payment information, is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of any Offerings, and (b) refuse to allow any user to purchase any Offering or deliver such Offerings to a user or a user-designated address. When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth in the applicable Service, and, where applicable, all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount. 

 

The Full Purchase Amount for paid Services will be disclosed at the time of purchase. Payments may be processed through a 3rd party payment processor (e.g., PayPal or Stripe). The Services may allow you to purchase Offerings and designate them for delivery or provision at a future date. In such instances, you acknowledge and agree that we may charge your credit card or other payment method for the Full Purchase Amount on the date of purchase, rather than on the ultimate date of delivery or provision of the applicable Offering. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with the payment terms in effect at the time the fee or the charge becomes payable. Payment can be made by credit card, debit card, or through PayPal or other means that we may make available. Orders will not be processed until payment has been received in full. Any holds on your account by PayPal or any other payment processor are solely your responsibility.

 

The Company reserves the right to revise or change the pricing, availability, specifications, content, descriptions, or features of any Offerings at any time. While we strive to provide accurate descriptions for the Offerings, we do not warrant that the Offering descriptions are accurate, complete, reliable, current, or error-free. If the Offering itself is not as described on the Services, your sole remedy is to return it (for physical products, in unused condition). The inclusion of any Offerings for purchase through the Services at a particular time does not imply or warrant that the Offerings will be available at any other time. We reserve the right to change prices for Offerings displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting the new Offering prices to the Services and/or upon notifying the customer of the pricing error.

 

All sales are final. No refunds or cancellations will be issued, nor rescheduling permitted, once purchase or registration is complete, unless Company, in its sole discretion, agrees to make an exception.


5. Assumption of Risk and Waiver. Participation in physical activities, including sports training, clinics, camps, and competitions, involves inherent risks. By registering for or participating in any activities through the Service, you (or your parent/guardian, if under 18) acknowledge and accept these risks, including but not limited to the risk of bodily injury. To the fullest extent permitted by law, you agree that the Company, its employees, contractors, and partners are not and shall not be liable for any injury, accident, loss, damage, or harm that may occur during or as a result of your participation in the Services. You voluntarily assume all risks related to such participation. Parents or guardians assume full responsibility for minors.

 

All participants and their guardians must acknowledge and/or sign the Company’s General Release and Waiver upon registration. This includes acknowledging health risks, assuming risk, and accepting medical responsibility. The Release is legally binding and incorporated by reference into these Terms. By participating in the Services, you agree that you, and if you are under the age of 18, your parent or guardian, understand, acknowledge, accept and agree to be bound by the General Release and Waiver.

6. Parental Consent and Supervision. For users under the age of 18, parental or legal guardian consent is required. By permitting a minor to participate, the parent or guardian agrees to these Terms and assumes all responsibility for the minor’s use of the Services.

7. Code of Conduct. All users, including athletes and parents/guardians, agree to:

  • Treat staff, coaches, volunteers, and other participants with respect and courtesy.

  • Speak in respectful tones; refrain from the use of vulgar or derogatory language; and dress appropriately.

  • Resolve conflicts in a respectful, honest, and caring manner; never resort to physical contact or threatening gestures.

  • Respect others by refraining from intimate behavior in public; abstain from contact of a sexual nature.

  • Respect the property of others; never engage in theft or destruction of property.

  • Create a safe, caring environment; never carry illegal firearms or devices, or illegal drugs or narcotics.

  • Refrain from disruptive, abusive, or unsportsmanlike behavior.

  • Follow all posted and communicated safety and conduct policies.

  • Refrain from using the Services for any illegal, fraudulent, or abusive purpose.
     

Failure to follow this code may result in suspension or termination of access to Services without refund.

8. Privacy. Your use of our Services is subject to our Privacy Policy, which explains how we collect, use, and protect your information. By using the Services, you consent to the practices described in our Privacy Policy.

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9. Educational and NIL. Consulting Disclaimer. The Company may offer consulting and counseling services, including educational and career counseling, as well as NIL-related consulting. These Services are for general informational and developmental purposes only. They do not constitute legal, financial, medical, or tax advice. The Company does not guarantee any specific outcomes, including those related to college admissions, athletic scholarships, NIL deals, or career success. By using these Services, you acknowledge that any decisions or actions taken in reliance on the Company's content, staff communications, or advice are solely your responsibility.

10. Sale of Product. Products, including apparel and merchandise, may be sold as part of the Offerings. Such Offerings may be fulfilled, in whole or in part, by third-party vendors. The Company is not responsible for shipping delays, defects, returns, or other issues related to third-party products or products sold and fulfilled by third-party vendors. Such matters are governed by the terms and conditions of the third-party vendor.

 

11. Third Parties. Certain features of the Services, such as registration, scheduling, and payment processing, may be powered by third-party vendors. Your use of those features is subject to the applicable third-party terms. The Company is not liable for actions or omissions of third-party providers.

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Certain Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third-party materials and links to other websites are provided solely as a convenience to you.

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Certain of the Offerings made available on the Services are manufactured by third parties (“Third Party Offerings”).  The availability of Third-Party Offerings through the Services does not indicate an affiliation with or endorsement by us of any Third-Party Offering or its manufacturer. Accordingly, we do not provide any warranties regarding the Third-Party Offerings.  However, the Third-Party Offerings offered on our Services are covered by the manufacturer’s warranty as detailed in the manufacturer’s documentation included with the Third-Party Offering. To obtain warranty service for defective Third-Party Offerings, please follow the instructions included in the manufacturer’s warranty.

 

12. Communications. We may contact you via telephone, text messages, or email to manage our relationship, related to your use of the Services or Services that may be of interest to you. You agree that the Company may contact you via telephone, text messages, or email at any of the phone numbers or email addresses provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Offerings. You also understand that you may opt out of receiving text messages from us at any time, either by replying to any such text messages using the word “STOP”, by clicking the Unsubscribe link at the bottom of any such email, or by contacting us using as details in the “Contact Us” section below. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.

 

13. Intellectual Property. All title, ownership and intellectual property rights in and related to the Services, including its content (e.g., text, graphics, music or sounds, all messages or items of information, themes, objects, slogans, diagrams, concepts, choreographies, photos, videos, domain names), features, software, design and any other elements which are part of the Services (individually or in combination) and any and all copies thereof, are owned by Company or its licensors and is protected by intellectual property laws. Except as expressly stated, no rights or licenses are granted to you. You may not use the Company's name, logo, or trademarks without our prior written consent. Except as expressly set forth in these Terms, all rights not explicitly granted hereunder to you are expressly reserved by Company. This license confers no title or ownership in any part of the Services and should not be construed as the sale of any rights. You agree that the Company or its licensors own all right, title, and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests.

 

We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Feedback.

 

From time to time, we may permit you to submit reviews and testimonials regarding certain of the Services, as well as biographical information associated with you (collectively “Testimonials”). By submitting a Testimonial, you irrevocably grant to Company the right to use the Testimonial, or any portion thereof, in any and all forms of marketing and promotional material, whether now known or hereinafter developed for any and all uses. You understand and agree that the Testimonial, in whole or in part, may be edited and/or excerpted, and that any part of the Testimonial may be used without compensation to you. You agree that no advertisement or other material incorporating or making reference to the Testimonial need be submitted to you for approval. You expressly release Company (and its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement, or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, advertisement, or promotion utilizing or incorporating the Testimonial, or any other use of the Testimonial whatsoever. You acknowledge and agree that Company shall not be liable for any causes of action or claims related to your decision to provide the Testimonial to Company.


14. Website Access Terms. You may access the Services via our website. Subject to these Terms and your compliance with the Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
 

  • download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;

  • duplicate, decompile, reverse engineer, disassemble, or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;

  • use, reproduce, or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;

  • use automation software (bots), hacks, modifications (mods), or any other unauthorized third-party software designed to modify the Services;

  • exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation; 

  • access or use the Services in any manner that could disable, overburden, damage, disrupt, or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software, or routine that causes the same;

  • attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;

  • circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Services;

  • use any robot, spider, crawlers, scraper, or other automatic device, process, software, or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy, or collect information or data from or through the Services, or engage in any manual process to do the same; 

  • introduce any viruses, Trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful into our systems;

  • submit, transmit, display, perform, post or store any content that is unlawful, defamatory, obscene, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, abusive, hateful, or cruel, , or otherwise use the Services in a manner that is obscene, excessively violent, harassing, hateful, cruel, abusive, pornographic, inciting, organizing, promoting or facilitating violence or criminal activities;

  • violate any applicable law or regulation in connection with your access to or use of the Services; or

  • access or use the Services in any way not expressly permitted by these Terms.

 

15. Termination. These Terms take effect from the moment you access the Services and remain in effect until terminated. The Company may terminate this Agreement and your access to the Services at any time for violations of these Terms or other conduct we deem harmful at the Company’s sole discretion. Upon termination, you must immediately cease all use of the Services. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any information contained in or related to your Account. The Company shall not be responsible for the failure to delete or the deletion of any such information. 

 

All sections that by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.

 

16. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

17. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the lesser of the amount you paid for the Services or fifty dollars ($50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

 

18. Indemnification. You agree to defend, indemnify, and hold harmless Company, its affiliates, officers, employees, and licensors from any claims, liabilities, damages, losses, or expenses (including attorney’s fees) arising from your use of the Services or your violation of these Terms.
 

19. Governing Law and Jurisdiction. You and the Company agree that in the event of any dispute, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including, without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any arbitration against the other party. 

 

This Agreement is governed by the laws of the State of New Jersey, without regard to its conflict of laws principles. Any disputes not subject to binding individual arbitration shall be resolved exclusively in the state or federal courts located in Newark, New Jersey, and you consent to their jurisdiction. You hereby waive any jurisdictional, venue, or inconvenient form objections to such courts (but without affecting either party’s rights to remove a case to federal court if permissible. You hereby expressly waive a trial by jury. You hereby agree not to participate in a class action for any claims covered by these Terms. This section will be interpreted as broadly as applicable law permits.

20. General. If any provision of the Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. These terms and the licenses granted hereunder may be assigned by the Company, but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of all or any rights and shall not affect the validity and enforceability of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

 

21. Changes to Terms. We reserve the right to modify these Terms from time to time, in which case we will update the “Last Revised” date at the top of these Terms. It is your sole responsibility to review these Terms periodically to view any changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access to or use of the Services after the modifications have taken effect will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.
 

22. Contact Us. If you have any questions about this Agreement, please contact us at ProDevUnlimited@gmail.com or via the contact form or other contact information on our website.

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