Poker West Terms Of Service Agreement
This document was last updated 4/09/08.
This Terms of Use Agreement sets forth the standards of use of the Relentlessly Inaccurate LLC's pokerwest.com Online Service. By using the Relentlessly Inaccurate LLC/pokerwest.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Relentlessly Inaccurate LLC/pokerwest.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
- Description of Service
Relentlessly Inaccurate LLC/pokerwest.com is providing Member with a free online poker game. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
- Game Rules
Relentlessly Inaccurate LLC/pokerwest.com has game rules. All Member's who use Relentlessly Inaccurate LLC/pokerwest.com's games are bound by said rules. Breaking Relentlessly Inaccurate LLC/pokerwest.com's rules constitutes a breech in this agreement.
a) Only one account can be created per human player.
b) Any team play, or play where multiple players are working together is considered cheating.
c) Reverse engineering any piece of software on this site for any reason is prohibited.
d) Players can use software to assist play, but no software can be used to play automatically (use of "bots").
e) Any attempt to defraud or cheat, defined by Relentlessly Inaccurate LLC/pokerwest.com, is prohibited.
f) Relentlessly Inaccurate LLC/pokerwest.com reserves the right to not provide service to any Member, based solely on Relentlessly Inaccurate LLC/pokerwest.com's discretion.
g) Relentlessly Inaccurate LLC/pokerwest.com requires members to be over the age of 18 to play.
- Tax Identification Numbers
Relentlessly Inaccurate LLC/pokerwest.com is required by US law to file a 1099-MISC Income Statement for all US players who win $600 or more.
- Events and Rating System
Relentlessly Inaccurate LLC/pokerwest.com can, and will, update it's Events, Rating System and payout structure as it sees fit.
- Disclaimer of Warranties.
The site and its software are provided by Relentlessly Inaccurate LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Relentlessly Inaccurate LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site or its software in terms of its correctness, accuracy, reliability, or otherwise. Relentlessly Inaccurate LLC shall have no liability for any interruptions in the use of this Website or Software. Relentlessly Inaccurate LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
- Limitation of Liability
RELENTLESSLY INACCURATE LLC / POKERWEST.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR RELENTLESSLY INACCURATE LLC / POKERWEST.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR SOFTWARE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF RELENTLESSLY INACCURATE LLC / POKERWEST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
- Indemnification
Member agrees to indemnify and hold Relentlessly Inaccurate LLC/pokerwest.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
- Modifications and Interruption to Service
Relentlessly Inaccurate LLC/pokerwest.com reserves the right to modify or discontinue the Service with or without notice to the Member. Relentlessly Inaccurate LLC/pokerwest.com shall not be liable to Member or any third party should Relentlessly Inaccurate LLC/pokerwest.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Relentlessly Inaccurate LLC/pokerwest.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- Third-Party Sites
Our website and software may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
- Governing Jurisdiction of the Courts
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.
- Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- Copyright Information
All content included or available on this site, including site design, text, graphics, interfaces, software and the selection and arrangements thereof is ©2008 Relentlessly Inaccurate LLC/pokerwest.com, with all rights reserved, or is the property of Relentlessly Inaccurate LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Relentlessly Inaccurate LLC/pokerwest.com is strictly prohibited.
- Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Relentlessly Inaccurate LLC/pokerwest.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
