The following Terms of Use outline your obligations when using the Smart Poker Training website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.
- ACCEPTANCE OF TERMS
The web pages available at smartpokertraining.com, and all linked pages ("Site"), are owned and operated by Smart Poker Training LLC ("Smart Poker Training"), a Wisconsin limited liability corporation, and is accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. SMART POKER TRAINING'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY SMART POKER TRAINING, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
- MODIFICATIONS OF TERMS OF USE
Smart Poker Training reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Smart Poker Training will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Smart Poker Training's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
- DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, Smart Poker Training may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Smart Poker Training performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Smart Poker Training may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Smart Poker Training may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
- YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with Smart Poker Training and select a password and screen name ("Smart Poker Training User ID"). You shall provide Smart Poker Training with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Smart Poker Training account. You may not (i) select or use as a Smart Poker Training User ID a name of another person with the intent to impersonate that person; (ii) use as a Smart Poker Training User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Smart Poker Training User ID a name that is otherwise offensive, vulgar or obscene. Smart Poker Training reserves the right to refuse registration of, or cancel a Smart Poker Training User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Smart Poker Training password.
Services are available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
- USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Smart Poker Training.
By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other Smart Poker Training users;
- to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Smart Poker Training user;
- to create or submit unwanted email ("Spam") to any other Smart Poker Training users or any URL;
- to violate any laws in your jurisdiction (including but not limited to gambling laws);
- to submit content or comments linking to affiliate programs, multi-level marketing schemes, or other poker training websites;
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- attempt to impersonate another user or person;
- sell or otherwise transfer your account.
Smart Poker Training may remove any Content and Smart Poker Training accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: support@smartpokertraining.com
- SMART POKER TRAINING PRIVACY POLICY
Smart Poker Training's current privacy policy is available at smartpokertraining.com/privacy (the "Privacy Policy"), which is incorporated by this reference.
- INDEMNITY
You will indemnify and hold harmless Smart Poker Training, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Smart Poker Training User ID, of any intellectual property or other right of any person or entity.
- WARRANTY DISCLAIMERS
You acknowledge that Smart Poker Training has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Smart Poker Training from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Smart Poker Training makes no representations concerning any content contained in or accessed through the Site or Services, and Smart Poker Training will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL SMART POKER TRAINING OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- TERMINATION
Smart Poker Training may terminate or suspend any and all Services and your Smart Poker Training account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Smart Poker Training account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Smart Poker Training in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Smart Poker Training shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Smart Poker Training's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Smart Poker Training's prior written consent. Smart Poker Training may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.
