Terms Of Service/User Agreement
THIS USER AGREEMENT CONTAINS IMPORTANT TERMS AND CONDIITIONS GOVERNING YOUR USE OF OUR SERVICES. PLEASE READ IT CAREFULLY. BY USING THIS SITE, ThreeBarrelBluff.COM, YOU ACCEPT THESE TERMS AND CONDITIONS.
This Agreement is between you and ThreeBarrelBluff.com (the “Company”, “we”, “us” or “our” as appropriate). Throughout this Agreement, those who use our Services (defined below) are referred to as “you.”
The Company provides poker-related educational material, videos, and tools for poker players (the “Services”) on its website at www.ThreeBarrelBluff.com (the “Website”) and at its related web properties (collectively, the “Company Websites”). The Services are provided subject to this Agreement, as it may be amended by us, and any guidelines, rules or operating policies that we may establish and post from time to time pursuant to this Agreement (the “Agreement”) here or at our Company Websites, or by otherwise providing notice to you. We may discontinue or revise any or all aspects of the Services in our sole discretion.
2. Non-Commercial License & Copyright Notice
Subject to this Agreement, the Company grants you a limited, non-exclusive, revocable license to display, listen to, and download Content for your private use. Content (“Content”) included on our Company Websites, such as text, videos, documents, graphics and software, is the property of the Company and/or its licensors and suppliers and is protected by domestic and international copyright and trademark laws. Content accessed at the Company Websites is for non-commercial use by you only, and any sale or transfer to others, including the reproduction for the purpose of commercial distribution, is strictly prohibited. You agree not to remove, obscure, or deface any proprietary notices or labels from the Services or any Content, or modify, translate, publish, distribute, decompile, or create derivative works based on the Services or any Content. Ownership of all Content shall remain exclusively the property of the Company, and nothing contained in this Agreement shall be construed as granting or conferring any proprietary rights or interests to you.
You hereby indemnify and hold harmless the Company and its officers, employees, agents, and advisors against any and all damages, losses, liabilities, settlements, and expenses (including without limitation, costs and reasonable attorneys’ fees) in connection with any claim or action that arises from your breach of this Agreement and your violation of any law or regulation, including without limitation any laws regarding copyright, trademark, and other proprietary rights, invasion of privacy, slander and defamation, and gaming.
In entering into this Agreement with you, the Company relies upon your unconditional representations and warranties that: (a) your use of the Services is lawful and in full compliance with this Agreement; (b) your use of the Services does not violate or infringe upon the rights of others; (c) you will not use the Services to perform any commercial solicitation, encourage conduct that could expose the Company to criminal or civil liability, or prevent others from enjoying the Services; (d) you will not upload or post to the Company Websites any information or materials that is protected by copyright, trademark, or other proprietary rights without the written permission of the owner of that copyright, trademark, or other proprietary right; (e) by submitting any material to the Company or on any public area of the Company Websites, you automatically grant or warrant that the owner of such material has expressly granted the Company the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed; and (f) you will not reverse-engineer, decompile, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of any software used by the Company to protect its proprietary interests in the Service or related materials.
6. Fees for Subscription Service.
Certain aspects of the Service are provided for a fee or other charge. These fees and charges are described on the Websites, and in the event you elect to use fee-based aspects of the Service, you agree to the fee policies specified on the Website, which are hereby incorporated herein. We may add new Services for additional fees and charges, or proactively amend fees and charges for existing Services, at any time in our discretion. You agree to pay all applicable fees or charges assessed to your User account. You must provide ThreeBarrelBluff.com with valid credit card information as a condition to signing up for the Service. ThreeBarrelBluff.com fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. All fees for the Service are non-refundable. ThreeBarrelBluff.com will automatically renew your subscription to the Service by billing your credit card as follows: (a) for monthly subscriptions, once every month; (b) for half-yearly subscriptions, once every six months; or (c) for annual subscriptions, upon the commencement of the first annual term and then at each subsequent anniversary of that commencement date. The renewal fee shall be ThreeBarrelBluff.com then current fee for the Service for which you were enrolled in the prior billing period. If timely payment is not received or cannot be charged to your credit card for any reason, ThreeBarrelBluff.com has the right to immediately suspend or terminate your access to the Service.
7. Warranty Disclaimer
THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE USEFULLNESS OR BENEFITS OF THE SERVICES AS THEY RELATE TO YOUR PARTICULAR NEEDS, CIRCUMSTANCES, AND SKILLS.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE QUALITY, CAPABILITIES, PERFORMANCE, DESIRED RESULTS, OR SUITABILITY OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. Limitation of Liabilities and Remedies
THE COMPANY AND ITS EMPLOYEES, ADVISORS, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, REGARDLESS OF WHETHER THE COMPANY WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO US (IF ANY) BY YOU FOR USE OF THE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH A CLAIM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICES SHALL BE FOR THE COMPANY TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SERVICES.
a. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized Company employees while acting in their official capacities.
b. If any provision of the Agreement is found by a court of competent jurisdiction to be unenforceable or invalid, that provision will be limited so that the balance of this Agreement will otherwise continue in full force and effect. Additionally, any provision(s) held wholly or partly invalid or unenforceable shall be deemed amended, and the court is authorized to reform the provision(s) to the minimum extent necessary to render them valid and enforceable in conformity with the intent of the parties as shown herein.
c. The Company and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement.
d. We reserve the right to transfer or assign this Agreement, in whole or in part, to any person or entity without notice and you will be deemed to consent to such assignment. You may not assign or transfer any of your rights or obligations under this Agreement.
e. This Agreement shall be governed in all respects by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions, and you and the Company agree that the sole venue and jurisdiction for any and all disputes arising from or related to this Agreement shall be the appropriate state or federal court located in Middlesex county, MA. The Company and you submit to the personal jurisdiction of the Commonwealth of Massachusetts and irrevocably waive any objection based upon jurisdiction, venue, and the convenience of the forum.