Acceptance of Terms of Use
These Terms of Use govern your use of the PokerSlamU service and website. By using, visiting, or browsing the PokerSlamU service or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the PokerSlamU service or website.
These Terms of Use are an ongoing contract between you and PokerSlamU and apply to your use of the PokerSlamU service and website. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
PokerSlamU, the dba for Neal Gersony, Inc., reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the PokerSlamU website. The most current version of the Terms of Use will supersede all previous versions. Your use of the PokerSlamU website or continued use of our service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms of Use periodically.
Privacy
Any personally identifying information submitted on the PokerSlamU website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
How Our Service Works
PokerSlamU is an online subscription poker educational and training service providing its members with access to a comprehensive library of courses and related material. For a monthly fee, users have full access to courses and related material for as long as they wish. Subscribers agree to subscribe for six months and pay the monthly fee each month. If they cancel before the six month period is completed they agree to pay the difference between the subscriber fees paid and the amount of the full six month subscription period.
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service.
Below is a description concerning the operation of our poker educational and training service:
Membership and Billing
You will be billed once a month on the same day number that you registered with PokerSlamU. If the price is increased, it will only apply to new users. You will always pay the same monthly fee for as long as you stay a continuous member to the PokerSlamU website.
* Billing
By starting your PokerSlamU membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of the PokerSlamU service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Additional charges may include gift subscription or purchases you make. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed at the one month anniversary of your membership and on each monthly renewal thereafter unless and until you cancel your membership. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your membership plan. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" button, available at the top of the pages of the PokerSlamU website. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
* Ongoing Membership
Your PokerSlamU membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
* Cancellation
You may cancel your membership to PokerSlamU at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, click the words "Cancel Membership" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership." Upon cancellation, your membership ID and Password will be deactivated and if you choose to subscribe again it will be at the current membership rate. If you cancel before the six month initial membership requirement is completed you will be charged for the difference between what you paid so far in subscription fees and the difference for the six month amount. We reserve the right to terminate your account for any or no reason
* Account Access; Identity Protection
In order to provide you with ease of access to your account, PokerSlamU will place a cookie (a small text file) on any computer from which you access the PokerSlamU website. When you revisit the PokerSlamU web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. If you use a different computer than the one you registered on, you will be required to prove your identity through a number of questions.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the PokerSlamU website. Your membership is only for the person listed on the registration, any sharing of membership benefits may result in additional charges for each unauthorized user.
If you find that you're a victim of identity theft and it involves a PokerSlamU account, you should notify customer service through the “Contact Us” system. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. PokerSlamU reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. PokerSlamU is not obligated to credit or discount a membership for holds placed on the account by either a representative of PokerSlamU or by the automated processes of PokerSlamU.
Disclaimers of Warranties and Limitations on Liability
THE POKERSLAMU SERVICE, INCLUDING ALL COURSES, FEATURES, AND FUNCTALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE POKERSLAMU SERVICE, THE WEBSITE AND ITS CONTENTS. YOU AGREE THAT POKERSLAMU MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE POKERSLAMU SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) content contained on or defects with courses from the PokerSlamU service; (ii) errors or omissions in the content delivered by the PokerSlamU service or on the PokerSlamU website; (iii) recommendations or advice of Customer Service; (iv) any failures, mis-shipments, delays, or interruptions in service; (v) any failure or interruption in the availability of the PokerSlamU service and/or website (vi) delivery and or display of any content contained on the PokerSlamU website or through the PokerSlamU serviceand (vii) any losses or damages arising from the use of the content provided on the PokerSlamU website or the PokerSlamU service itself, including downloading of related software, downloading and/or use of any other software or files. Service or any conduct by users of the PokerSlamU service or website. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on courses or other material from the PokerSlamU. We do not represent or guarantee that your use of the PokerSlamU service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon PokerSlamU or its affiliated parties.
In no event shall PokerSlamU, Inc., its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the PokerSlamU website, its contents or the PokerSlamU service. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the PokerSlamU service (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
* Functionality Compatibility
POKERSLAMU MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING POKERSLAMU READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH COURSES OR FEATURES.
Intellectual Property
* Copyright
All content included on the PokerSlamU website and delivered to members as part of the service, including courses, podcasts and other downloads or streams including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of PokerSlamU, Inc., or its suppliers and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of PokerSlamU, Inc., and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from PokerSlamU, Inc., or its suppliers. You agree not to decompile, reverse engineer or disassemble any software (including but not limited to the PokerSlamU courses) or other products or processes accessible through the PokerSlamU website, not to insert any code or product or manipulate the content of the PokerSlamU website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. PokerSlamU reserves the right to terminate your membership hereunder if PokerSlamU, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the unauthorized use of our courses and podcasts and other material or the copying or other unauthorized use of our proprietary content. The use of the PokerSlamU service, including all courses and podcasts is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the PokerSlamU website.
* Trademarks
PokerSlamU is registered trademarks of PokerSlamU, Inc. The PokerSlamU logo, PokerSlamU.com, Profiles, are trademarks or service marks of PokerSlamU, Inc. The PokerSlamU website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of PokerSlamU, Inc. The trademarks, service marks and trade dress of PokerSlamU may not be used or reproduced without prior written approval from PokerSlamU, Inc. and may not be used in connection with any product or service that is not affiliated with PokerSlamU, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of PokerSlamU, or in any manner that disparages or discredits PokerSlamU. Other trademarks that appear on the PokerSlamU website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PokerSlamU. Any images of persons or personalities contained on the PokerSlamU website are not an indication or endorsement of PokerSlamU or any particular product or our service unless otherwise indicated.
Use of Information Submitted
PokerSlamU, Inc., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to PokerSlamU ("Feedback"), including, without limitation, responses to questionnaires or through postings to the PokerSlamU website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the PokerSlamU website or other websites. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note PokerSlamU does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to PokerSlamU. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against PokerSlamU and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Service Testing
From time to time, we test various aspects of our service, including service levels, plans, promotions, features, movie availability, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Electronic Communications
By using the PokerSlamU service, you consent to receiving electronic communications from PokerSlamU. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with PokerSlamU and you receive them as part of the PokerSlamU membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Customer Service
If you need assistance with your account, you may find answers and reach Customer Service by going to the “Contact Us” section of the website, where you will find the answers to many frequently asked questions and information on reaching a live Customer Service Representative.
In certain instances, Customer Service may best be able to assist you by using a remote access support tool, which will enable us to interact directly with your account. We provide such support service only with your permission and in your presence (via phone and internet connection). During the time we are providing you with remote access support service, we have full access to your desktop. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will do our best to assist you through other means. The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service, including any remote desktop access tool.
Your Conduct on the PokerSlamU Website
By accessing the PokerSlamU website, you agree to use the PokerSlamU service, including all courses and features associated therewith, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the PokerSlamU website. You also agree not to interfere with the servers or networks connected to the PokerSlamU website or to violate any of the procedures, policies or regulations of networks connected to the PokerSlamU website. You also agree not to impersonate any other person while using the PokerSlamU website, conduct yourself in a vulgar or offensive manner while using our service, or use the PokerSlamU website for any unlawful purpose.
Limitations on Use
You must be 18 years of age or older to become a member of the PokerSlamU service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While PokerSlamU does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger (see also "Profiles"). Unless otherwise specified, our poker training service and the content on the PokerSlamU website are for your personal and non-commercial use and we grant you a limited license to access the PokerSlamU website for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), 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, the PokerSlamU website without our express written consent. Any unauthorized use of the PokerSlamU website or its contents will terminate the limited license granted by us.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Links
Some of the hyperlinks on the PokerSlamU website may lead to other websites that are not controlled by, or affiliated with, PokerSlamU, Inc. In addition, other websites may link to the PokerSlamU website. PokerSlamU has not reviewed these websites and is not responsible for the content or privacy policies of these websites.