terms & conditions
Copyright 2008 Lord of Poker ™
Your subscription or purchase of any LRP (Lord Of Poker or
thelordofpoker.com) products serves as your acknowledgement and
representation that you have read and understand these TERMS OF USE and
that you agree to be bound by such TERMS OF USE ("Agreement").
You understand and agree to accept this Agreement is, legally, the same
as manually signing this Agreement. LRP reserves the right, upon notice
to you, to change or terminate this Agreement. You agree that your use
of LRP after notice of change to this Agreement, or if you do not close
your work with LRP within fifteen (15) calendar days of such notice,
shall mean that you accept the changes. Changes required by law,
however, will be effective immediately.
As an independent and self-directed poker player, you acknowledge that
you, alone, shall be responsible for determining the suitability of your
playing choices and
strategies. The LRP Team (“Staff’) provides technical assistance and
support for LRP subscribers. LRP Staff shall assume no responsibility
for Poker playing choices or determinations. You shall not hold LRP or
any of its employees or affiliates or the Staff liable for Playing
decisions. The Staff cannot advise you noir comment concerning the
nature, risk or suitability of any play or poker strategy. You also
recognize that LRP does not give legal or tax advice.
LRP and the Staff are not liable for any damage or loss,
including but not limited to, any loss of profit, which may arise
indirectly or directly from use of LRP. Additionally, you agree that no
fiduciary relationship is formed and no fiduciary duty is owed to either
party of this Agreement, by virtue of your subscription. You represent
that you are of the age of majority as defined by the laws of the state
of your home of record in order to enter into this agreement and be
bound thereby.
LRP is for your personal use only. You shall not distribute, exchange,
modify, sell, or transmit anything from this Site. LRP grants you a
non-exclusive, non-transferable, limited subscription to use the LRP
service, as long as you comply with these Terms & Conditions of Use.
All materials on www.thelordofpoker.com, including but not limited to
audio, images, software, text, and video clips, are protected by
copyright under
LRP reserves the right to refuse any Subscription at its sole
discretion. You agree to pay the applicable charges and taxes that may
apply at the time services are rendered to your Subscription. LRP
further reserves the right to change its charges any time by posting a
modified schedule of Pricing and Rates on the LRP Web site.
Subscription Charges – All Subscription charges are refundable during
the first 60 days from the date of purchase. Following 60 days from the
date of purchase, subscriptions may be cancelled at any time. Where the
date of request for cancellation falls within a billing cycle,
subscription fees will be refunded at a prorated amount, beginning the
business day following the date of request for cancellation.
The LRP makes no representation or warranty regarding its compliance
with local laws in foreign jurisdictions, or regarding the
appropriateness of the Web site's content or its compliance with such
local laws. You understand that the LRP site is the only means of
accessing your LRP Subscription. You agree that LRP shall not be liable
for any losses or damages you incur as a result of the unavailability of
LRP Web site from foreign countries.
This Agreement will be effective only upon our approval of your
Subscription. LRP reserves the right to report to consumer and
securities credit reporting agencies any debit balance or negative
credit information pertaining to any LRP Subscription. LRP further
reserves the right to reject a Subscription Application for any reason.
LRP may terminate any or all services rendered under this Agreement at
any time and for any reason. The Subscription holder may close his or
her Subscription at any time. Upon termination, you will remain liable
for any deficiencies or debit balances in the Subscription. You agree to
reimburse LRP for any collection costs relating to any unsecured debit
balance in your Subscription, including attorney's fees, court costs,
arbitration expenses, and interest.
In cases of fraud or theft by you, acting alone or in concert with
others, involving, among other things, use of counterfeit checks, checks
drawn on closed or non-existent Subscriptions, checks stolen from third
parties, unauthorized electronic funds transfers from bank Subscriptions
belonging to others, attempted electronic transfers from non-existent
Subscriptions or similar illegal or improper conduct involving
Subscription funding or withdrawals, and including situations in which
you have allowed third parties to use your Subscription in any such
manner, LRP shall assess against you, in addition to all other fees,
damages and penalties to which it may be entitled, a $500 fee per
forged, faked, fictitious, stolen or otherwise unauthorized item or
transfer. This fee shall constitute liquidated damages to compensate LRP
for the time and effort of LRP employees in rectifying said conduct.
You agree that LRP will not be liable to you or to third parties for
losses incurred directly or indirectly by causes reasonably beyond its
control, including but not limited to, government restrictions, natural
disasters, severe weather conditions, wars, strikes, terrorist attacks,
exchange or market rulings, interruptions of data processing services or
communications, unauthorized access or operator errors.
You agree that LRP will not be liable to you for any losses or damages
incurred by you peak demand, systems upgrades, maintenance or for other
reasons.
Additionally, you understand that the LRP Web site is the primary means
of processing your LRP Subscription and that, in the event of an
interruption of communications systems or other hardware or software
malfunction, access to view your Subscription could be delayed. In the
event of a significant outage, LRP would not be liable for any losses or
damages you might suffer as a result of such delays.
By opening a Subscription or buying Products on thelordofpoker.com and
agreeing to these TERMS OF USE, you agree to receive all communications
from LRP via the World Wide Web or e-mail. This will include, but not
necessarily be limited to, confirmations of transactions, Subscription
statements, financial statements, notices of modifications to The LRP
TERMS OF USE, and other basic communications. Communications sent to
your e-mail address or provided through the web site must be retrieved
and read promptly. All communications sent by LRP by any means will be
deemed to have been received by you. You agree to advise us promptly of
any changes to your e-mail and/or mailing address. You agree to advise
LRP promptly of any errors or omissions in any transaction or in the
handling of your Subscription. Failure to provide prompt notice of any
errors will be deemed to constitute acceptance of the accuracy of all
information sent to you.
The LRP reserves the right to record telephone calls to monitor the
quality of service you receive or for other purposes The LRP deems
appropriate for its protection or for the protection of its customers.
PREDISPUTE ARBITRATION CLAUSE DISCLOSURES:
ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER
IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS PROVIDED BY
THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED.
ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY'S ABILITY TO
THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND
OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT
PROCEEDINGS.
THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD.
THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF
ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY.
THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING
A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR
ARBITRATION MAY BE BROUGHT IN COURT.
THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND ANY
AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT.
SUBJECT TO THE LIMITED EXCEPTIONS DESCRIBED BELOW, YOU AGREE TO SUBMIT
TO ARBITRATION ANY DISPUTE BETWEEN YOU AND THE LRP AND/OR ANY OF ITS
MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS RELATING TO YOUR
BROKERAGE SUBSCRIPTION(S). ANY ARBITRATION UNDER THIS AGREEMENT WILL BE
CONDUCTED UNDER THE ARBITRATION RULES OF THE FINANCIAL INDUSTRY
REGULATORY AUTHORITY. ARBITRATION MAY BE INITIATED BY EITHER OF US
SERVING WRITTEN NOTICE ON THE OTHER. THE ARBITRATORS' RULING WILL BE
FINAL AND JUDGMENT ON IT MAY BE ENTERED IN ANY COURT OF COMPETENT
JURISDICTION.
THE LRP RESERVES THE RIGHT TO PURSUE LEGAL ACTION AGAINST YOU THROUGH
THE STATE AND FEDERAL COURTS OF
NO PERSON SHALL BRING A PUTATIVE OR CERTIFIED CLASS ACTION TO
ARBITRATION, NOR SEEK TO ENFORCE ANY PREDISPUTE ARBITRATION AGREEMENT
AGAINST ANY PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION;
OR WHO IS A MEMBER OF A PUTATIVE CLASS ACTION WHO HAS NOT OPTED OUT OF
THE CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS
ACTION UNTIL: (I) THE CLASS CERTIFICATION IS DENIED; OR (II) THE CLASS
IS DECERTIFIED, OR (III) THE CUSTOMER IS EXCLUDED FROM THE CLASS BY THE
COURT. SUCH FORBEARANCE TO ENFORCE AN AGREEMENT TO ARBITRATE SHALL NOT
CONSTITUTE A WAIVER OF ANY RIGHTS UNDER THIS AGREEMENT EXCEPT TO THE
EXTENT STATED HEREIN.
These TERMS OF USE constitute the entire agreement with respect to your
access to and use of the The LRP Web site. If any provision of these
TERMS OF USE is unlawful, void or unenforceable, then that provision
shall be deemed severable from the remaining provisions and shall not
affect their validity and enforceability.
This Agreement will pass to the benefit of The LRPs successors, assigns
and agents. The LRP may assign its rights and duties under this
Agreement to any of its successors, subsidiaries or affiliates without
giving you notice, or to any other entity on prior written notice to
you. In addition, you agree that this Agreement and all terms hereof,
will be binding on your heirs executors, administrators and personal
representatives and any assigns permitted by The LRP.
To the extent permitted by law, The LRP shall not be liable for any
expenses, losses, damages, liabilities, demands, charges and claims of
any kind or nature whatsoever (including without limitation any legal
expenses and costs and expenses relating to investigating or defending
any demands, charges and claims) ("Losses") by or with respect to the
Subscription, except to the extent that such Losses are actual Losses
proven with reasonable certainty, are not speculative, are proven to
have been fairly within the contemplation of the parties as of the date
hereof, and are determined by a court of competent jurisdiction or an
arbitration panel in a final non-appealable judgment or order to have
resulted solely from The LRP gross negligence or willful misconduct and
without limiting the generality of the foregoing, LRP will not be liable
for any indirect, special, incidental or consequential damages or other
losses (regardless of whether such damages or other losses were
reasonably foreseeable).
LRP shall have no liability for and you agree to reimburse, indemnify
and hold LRP, its affiliates and their partners, directors, officers and
employees and any person controlled by or controlling The LRP harmless
from all expenses (including legal expenses and reasonable attorney's
fees), Losses or damages that result from: (a) your or your agents'
misrepresentation, act or omission or alleged misrepresentation, act or
omission, (b) The LRP 's following your or your agent's directions or
failing to follow your or their unlawful or unreasonable directions, (c)
any of your actions or the actions of your previous advisers or
Custodian, (d) the failure by any person not controlled by The LRP to
perform any obligations to you, and (e) your failure to provide accurate
information on your LRP Subscription Application or to update that
information as required.
Waiver, Modifications and Amendments
You agree that The LRP may change the terms of this Agreement by giving
you notice of the new terms. You agree that your use of The LRP Service
after notice of change to this Agreement, or if you do not close your
LRP Subscription within fifteen (15) calendar days of such notice, means
that you accept the changes. Changes required by law, however, will be
effective immediately.
Except as specifically permitted in this Agreement, no provision of this
Agreement will be deemed waived, altered, modified or amended unless
agreed to in writing by The LRP.
The LRP's failure to insist on strict compliance with this Agreement or
any other course of conduct on our party will not be deemed a waiver of
LRP's rights under this Agreement.
Headings
The heading of each Section hereof is for descriptive purposes only and
shall not be (a) deemed to modify or qualify any of the rights or
obligations set forth herein or (b) used to construe or interpret any of
the provisions hereunder.
Counterparts
This Agreement may be executed in any number of counterparts by you,
each of which will constitute an original and all of which, when taken
together, will constitute one and the same instrument.
Appendix
All content provided by thelordofpoker.com is copy written and any use
is a violation of applicable copyright and/or trademark laws unless
prior written consent is provided by thelordofpoker.com. Company
names, logos, icons, graphics and designs referred to on by
thelordofpoker.com may be the property of third party respective
owners and our displaying them is intended for the owner's benefit. We
do not intend to infringe these third party proprietary rights.
thelordofpoker.com 's Software uses proprietary, complex predictive
algorithms to calculate odds and provide advice taking into account
cards, position, fold depth and playing style. Our Software passively
watches your game in order to calculate odds and advice. Our Software
does not play poker for you, and therefore does not violate the rules or
policies of online poker rooms listed on our web site. Our Software does
not use any information you don't already have. Our Software does not
read anyone else's cards, and does not share information with your
opponents. All pre-flop odds are pre-calculated and hard-coded into our
Software. Many starting hands will vary in strength depending on the
number of people at the table.
The use of our Software will in no way guarantee winning money at poker.
by thelordofpoker.com does not guarantee the accuracy of the results
or advice generated by the Software and accepts no liability for any
losses you may incur as a result of using our Software or playing at
online poker rooms listed on our web site. By using our Software, you
confirm you understand that it is possible to lose some or all of the
monies deposited and wagered at online pokers rooms and that you cannot
and will not hold by thelordofpoker.com or its affiliated companies,
contractors or suppliers responsible for any losses.
thelordofpoker.com shall not be responsible for the accuracy,
reliability or completeness of any information, text, links, graphics,
or other items contained in this web site or in our Software. We reserve
the right to make changes to the web site and our Software at any time
without notice. by thelordofpoker.com makes no representations or
warranties of any kind as to the merchantability, fitness for use, title
and/or non-infringement of the products or promotions offered. by
thelordofpoker.com shall not be responsible for any computer viruses,
bugs, errors or defects on our web site or in our Software which cause
any damage to your computing device or other personal property.
Accordingly, our Software and all information contained in this web site
is provided "as is" and without warranty of any kind.
Online poker gambling must be legal in your city and state and country
of residence. You must be of legal age to gamble and pay applicable
taxes in your city and state and country of residence. It is your
responsibility to know and respect the current local laws regarding
online poker playing where you are playing. We suggest that you check
with your current local laws before playing at an online poker room.
I, as a subscriber of The LRP Subscription, have read and understand
these Terms of Use. Furthermore, my continued subscription shall
constitute my consent to these Terms of Use.
