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SITE TERMS OF USE
4FunPoker.com (collectively, "4FunPoker.com" or "4FunPoker.com") provides the 4FunPoker.com free poker tournaments (the "Service") to any person ("you" or "your") who completes the registration process to become a member of the Service and is accepted by 4FunPoker.com to become a member on the following terms, which may be updated by 4FunPoker.com from time to time without notice to you.
This document was last updated on June 22th, 2006.
BY CHECKING THE "I ACCEPT" BOX AND SUBMITTING THE REGISTRATION FORM OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT THE "I DO NOT ACCEPT" BUTTON AND YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE. YOU MAY PRINT THESE PAGES FOR YOUR RECORDS.
- General Terms, Definitions and Interpretations
- Definitions. The following terms shall have the following meanings in this agreement:
- "Privacy Policy" shall mean the document setting forth the policies of 4FunPoker.com regarding the collection, retention, and use of the personal information of those that use the 4FunPoker.com site.
- "Site" shall mean the 4FunPoker.com website.
- "Sponsor" shall mean 4FunPoker.com
- "4FunPoker Game Client" shall mean the software used to run the poker room and allow the play of poker.
- Section References. References to a "Section" shall be deemed references to an enumerated section of this agreement.
- Subsection References. References to a "Subsection" shall be deemed references to labeled Subsection of this agreement.
- Reference and Convenience of Labels. Section headings and Subsection labels are used for convenience and referential notation only and shall have no interpretative effect or impact whatsoever.
- Player Eligibility
- Subject To Local Laws. You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the Site. Access to the Site may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your responsibility to determine the law that applies in the applicable Jurisdiction, and 4FunPoker.com does not make any representation or warranty, express or implied, as to the lawfulness of your participation in the free poker tournaments, or that materials on this Site are appropriate for use in your Jurisdiction. 4FunPoker.com does not intend that the Site be used for winning prizes by persons present in Jurisdictions in which registration or bonding of the contests is required, including, without limitation, the states of Florida and New York. 4FunPoker.com does not intend that the Site be used by persons present in Jurisdictions in which the playing of card games for free or entering sweepstakes may be prohibited or restricted. You agree that the Site does not constitute an offer, solicitation or invitation by 4FunPoker.com for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. You agree that, and 4FunPoker.com asserts that, 4FunPoker.com shall not have any responsibility under any laws in any Jurisdiction, other than the state of Delaware in the United States. 4FunPoker.com further reserves the right to require you to provide proof that you are eligible to participate and win prizes in the online poker tournament sweepstakes prior to payment of any winnings or prizes. 4FunPoker.com also reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant.
- Parental Control. Parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to those under eighteen (18) years of age, or the legal age to participate in the free poker tournament sweepstakes in the applicable Jurisdiction, whichever is higher.
- Registration
- Initial Account Establishment. To register on the Site and become a member, you must complete the registration process at www.4FunPoker.com and affirmatively accept these terms of use and the associated privacy policy. You will receive a specific ID and password to enable access to your account to manage your account.
- Continuing Duty and Affirmation. Each time you use the Site, you represent and warrant to 4FunPoker.com that: (i) you are at least eighteen (18) years of age, or the legal age to participate in a free poker tournament sweepstakes in the applicable Jurisdiction, whichever is higher; (ii) your access to the Site, your participation in free poker tournaments, and 4FunPoker.com's offering and operating the free poker tournaments are legal in your applicable Jurisdiction; (iii) the e-mail address submitted by you is owned or controlled by you; and (iv) all information you provide is true, accurate, current and complete. All such representations and warranties are relied upon by 4FunPoker.com. By applying for registration, you authorize 4FunPoker.com to make any and all enquiries as 4FunPoker.com in its sole discretion considers necessary to verify the information provided by you. 4FunPoker.com may require you to submit such proof of age, identity and place of residence as it may require, at any time. 4FunPoker.com reserves the right to suspend and/or terminate your registration and/or account where it has grounds to suspect that any of your provided information is untrue, inaccurate, not current or incomplete. You maintain the responsibility to promptly update the information provided at registration to keep it true, accurate and complete.
- No Employees. No employee of 4FunPoker.com or of any of its parent companies, subsidiaries or affiliates, licensees, advertising, promotional or other agencies, software suppliers and/or developers is permitted to register or hold an account on the Site. Any such person found to have violated this provision shall not be entitled to collect any winnings.
- Changes to Your Account. In the event of changes to any of your personal account details or other financial information relevant to your account, you must inform 4FunPoker.com immediately by sending an e-mail to customerservice@4FunPoker.com.
- One Account Only. You may only register one account for yourself. You hereby acknowledge and agree that you shall not register more than one account, for your self. If it is determined that you have registered more than one account, then you acknowledge and agree that you shall not be eligible to win any prizes and you may be excluded from play.
- Affirmation of Skill & Fairness. YOU HEREBY ACKNOWLEDGE AND AGREE THAT FREE POKER TOURNAMENTs ARE CONTESTS THAT ARE DETERMINED PRIMARILY BY SKILL AND THAT NO CONSIDERATION HAS BEEN PAID BY YOU TO PARTICIPATE IN THE FREE POKER TOURNAMENTs. ADDITIONALLY, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND THAT THESE TERMS AND CONDITIONS ARE FAIR.
- Valid Customer is defined as any person over the age of 18 that registers for 4FunPoker.com by a minimum of 1) Submitting a valid email address 2) Submitting their own First and Last Name 3) Submitting a complete valid mailing address 4) Accepting the 4FunPoker.com Terms & Conditions and 5) meets all other terms and conditions as set forth herein.
- Account Identifiers
- Secrecy Obligation. Once you have selected and been allocated a unique username, password and/or PIN or other appropriate security code ("Identifiers"), it is your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Site. In the event that you are concerned that they are no longer secure and confidential, you should immediately notify 4FunPoker.com by sending an e-mail to security@4FunPoker.com, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of 4FunPoker.com. Without limiting the foregoing, any transactions made and accepted on the Site where your Identifiers have been used (and where you have not previously notified 4FunPoker.com as provided herein) will be treated as valid.
- No Transfer. Your account is not transferable. Under no circumstances, shall you allow or permit any other person or third party, including without limitation any person under the legal age to participate in free poker tournament sweepstakes in your applicable Jurisdiction, and in no event any person under the age of eighteen (18) years, to use or re-use your account or your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section will not be entitled to collect any prizes or winnings and may be reported to the relevant authorities.
- You Are Responsible. You agree to be solely responsible for all use of the Site (including without limitation participation in free poker tournaments) through the use of any of your Identifiers (except where you have notified 4FunPoker.com as provided above) and you agree to indemnify and hold harmless 4FunPoker.com, along with its parent company, affiliates, managers, agents and directors, for any and all claims, losses, liability, damages and costs (including attorneys' fees and expenses) arising from such use.
- No Interest. Any monies or prizes held in your account shall not bear interest in your favor. If you win any money or prizes from the free poker tournament sweepstakes, then you are solely responsible for and required to make all arrangements for the payment of any taxes due from you in your applicable Jurisdiction.
- Event Prizes and Disbursement
- To Be Announced Later. This will be posted here and on the 4FunPoker Website.
- Account Suspension
- Right To Cancel Account. 4FunPoker.com reserves the right to refuse or cancel your registration and/or account for any reason whatsoever at any time with or without notice to you.
- Investigation. If your account is terminated or suspended, 4FunPoker.com reserves the right to determine whether to declare as void any transactions placed by you.
- Site Use
- Services May Change or End. 4FunPoker.com reserves the right, in its sole discretion, at any time and without notice to you, to add, alter or discontinue services offered on the Site without creating any obligation to you.
- You Must Obey Guidelines and Rules. When using the services on the Site, you agree that you are subject to any guidelines, policies or contest rules applicable to such services, which may be posted from time to time. All such guidelines, policies or contest rules are hereby incorporated by reference into these terms. You fully accept that all computer instructions and responses sent over the Internet to and from 4FunPoker.com and/or through use of software will be binding on you. Your commercial use of the Site or any of the online contests is strictly forbidden.
- Telecom and Access Fees. You are solely responsible for obtaining access to the Site and that access may involve third party fees, including without limitation, Internet service provider, telephone, cable or airtime fees. You are solely responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are solely responsible for all equipment necessary to access the Site.
- Odds, Risk and Fair Play. You acknowledge and agree that the free poker tournament sweepstakes are skill based contests that measure your ability to play poker and manage risk against the skills of others and that you are not likely to profit from this entertainment endeavor.
- Cheating. You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt the operations of the Site or any particular Site service or contest. If 4FunPoker.com believes in its sole discretion that you have engaged, or attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter your likelihood of winning, or to otherwise commit fraud with regard to the Site, then, in such an event, you will forfeit all prizes or winnings to which you may otherwise be entitled, and 4FunPoker.com reserves the right to institute civil or file criminal proceedings against you and to report you to the relevant regulatory authorities.
- Behavior & Responsibility
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Site or use of any portion of the Site for any commercial purposes.
- You shall not register multiple accounts or use any automated technology, including but not limited to robots, scripts, macros, and/or programs, lan play, or engaging in team play on any 4FunPoker.com web site, including but not limited to the Site. You acknowledge and understand that any attempt to participate in any service offered on any 4FunPoker.com Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to any 4FunPoker.com Site, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all winnings to which you may otherwise be entitled.
- You shall accept and abide by the contest rules set forth on the contest rules web page, to be amended from time to time by 4FunPoker.com in the sole discretion of 4FunPoker.com.
- You agree that 4FunPoker.com is not liable for any loss caused by any unauthorized use of your credit card by a third party in connection with any 4FunPoker.com Site or any third party site.
- Any attempt to defraud any 4FunPoker.com site through the use of credit cards or any other form of payment, regardless of the outcome, or any failure by you to honor charges or requests for payment will result in immediate termination of your account, forfeiture of any winnings to which you are otherwise entitled, and civil and/or criminal prosecution.
- You agree that 4FunPoker.com is not, and shall not be, responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of any 4FunPoker.com site or your account.
- You, as the holder of your account, are solely responsible for all obligations and are entitled to all benefits therefrom, and may not allow any other person to access your account, access any 4FunPoker.com site, accept any winnings, or participate in any services using your account information. Your account is not transferable to any other person. By registering and/or participating in any services offered on the 4FunPoker.com site, you agree to indemnify, defend, and hold 4FunPoker.com harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
- You agree to never transmit data, conversation, or any other information that may be (i) be defamatory or offensive, (ii) slanderous, (iii) rude, (iv) infringe the rights of any third party, (v) provide information regarding playing contests on the Site, or (vi) deemed generally unacceptable behavior in the sole discretion of 4FunPoker.com.
- Computer Errors. You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to computer software. If you become aware that the software contains any error, or is incomplete, you shall immediately notify 4FunPoker.com by e-mail at customerservice@4FunPoker.com. You agree to refrain from taking any advantage whatsoever of that error or incompleteness and 4FunPoker.com reserves the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery. 4FunPoker.com will not be liable for any alleged winnings that are, in 4FunPoker.com's sole discretion, the result of a system error or malfunction.
- Verification. Whenever 4FunPoker.com requests additional verification, proof or documentation from you, including without limitation a copy of your passport, driver's license or utility bill, such materials must be sent by facsimile, mail or such other means of communication specified by 4FunPoker.com. Such materials will become the property of 4FunPoker.com and will not be returned to you.
- Third Party Websites
- Other Sites Are Not Our Responsibility. This Site may link you to other websites, which websites may contain information or material that some people may find objectionable. These other websites are not under the direct control of 4FunPoker.com and you acknowledge that 4FunPoker.com is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such websites. You further acknowledge and agree that 4FunPoker.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such website.
- Future Marketing. You hereby acknowledge and agree that 4FunPoker.com and/or its affiliates may market products and services to you in the future.
- Proprietary Rights
- Intellectual Property. You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Designated trademarks, service marks and brands are the property of their respective owners. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of 4FunPoker.com. Except as expressly authorized by 4FunPoker.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single computer at any given time for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of the content or materials for any purpose not expressly permitted in these terms is strictly prohibited.
- License. 4FunPoker.com grants you a personal, non-transferable and non-exclusive right and license to use any necessary software used in connection with its services on any single computer at any given time, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including, without limitation, for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by 4FunPoker.com for use in accessing the Site.
- Privacy
- The 4FunPoker.com site is not open to anyone under the age of eighteen (18).
- The 4FunPoker.com site privacy policy is set forth at http://www.4FunPoker.com/privacy-policy.php, you hereby agree to the terms of this policy and acknowledge that such terms and policies may be changed without specific notice to you.
- No Warranty.
- YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
- ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, 4FunPoker.com, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 4FunPoker.com OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- 4FunPoker.com DOES NOT WARRANT ANY CLIENT SOFTWARE YOU MAY DOWNLOAD FROM THE SITE OR FROM RELATED SITES. ALL MATERIALS, INFORMATION, CLIENT SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("CLIENT MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CLIENT MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, 4FunPoker.com, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CLIENT MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE CLIENT MATERIALS OR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE CLIENT MATERIALS WILL BE CORRECTED; OR THAT THE CLIENT MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CLIENT MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
- Limitation of Liability. IN NO EVENT SHALL 4FunPoker.com, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL 4FunPoker.com BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF 4FunPoker.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- Sole Remedy. IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
- Indemnity. You agree to defend, indemnify and hold harmless 4FunPoker.com and its parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from all liabilities, actions, claims and expenses, including legal fees, asserted by any third party, governmental body or governmental agency, arising out of or relating to: (a) this agreement; (b) your use of the Site, including any data or work transmitted or received by you or any service provider; (c) your connection to any 4FunPoker.com site; (d) your violation of this agreement; (e) your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider.
- Right To Cancel Contest
- If 4FunPoker.com, its parents, affiliates, managers, or directors determines that operating the free poker tournament sweepstakes is not feasible for any reason, including, but not limited to, a change in the risk of operating the contests, or insufficient participation in the contests, then the free poker tournaments may be ended by 4FunPoker.com and 4FunPoker.com shall owe you nothing. 4FunPoker.com, its parents, affiliates, managers, or directors, may in their sole and absolute discretion have a drawing for any prizes in the event that the free poker tournaments are cancelled.
- Miscellaneous
- Incorporation. You agree that this agreement and all incorporated agreements may be automatically assigned by 4FunPoker.com, in its sole discretion, to a third party in the event of a merger or acquisition.
- No Waiver. 4FunPoker.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. 4FunPoker.com's failure to enforce in one or more instances any of these terms shall not be construed as a waiver of the future performance of any term.
- Severability and Integration. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and 4FunPoker.com with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and 4FunPoker.com with respect to this Site. If any part of these terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Notices. Except as expressly stated otherwise, any notices to 4FunPoker.com shall be made by registered mail to 4FunPoker.com, Attention: Legal Department, . Notices to you may be made to the e-mail address you provide to 4FunPoker.com during the registration process or by postal mail (including registered mail) to the address you provide to 4FunPoker.com during the registration process. Notice sent to you shall be deemed given twenty-four (24) hours after e-mail is sent and three (3) days after the date of mailing.
- Time Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this agreement or use of the Service must be filed within one (1) year after such claim or cause of action arises or be forever barred.
- Choice of Law and Forum. These terms shall be governed by and construed in accordance with the laws of Delaware, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms, the free poker tournaments or your use of this Site shall be resolved in accordance with the dispute resolution terms set forth in Section 17.g of these terms.
- Dispute Resolution. You and 4FunPoker.com agree that any Dispute between you and 4FunPoker.com will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum ("NAF") and conducted under its rules, except as otherwise provided below. You and 4FunPoker.com will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between you and 4FunPoker.com. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held at a reasonable location in Las Vegas, Nevada. If you prevail in the arbitration of any Dispute with 4FunPoker.com, 4FunPoker.com will reimburse you for any fees you paid to NAF in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to (i) this agreement, its interpretation, or the breach, termination, applicability or validity thereof, (ii) the related order for, purchase, delivery, receipt or use of any product or service from 4FunPoker.com, or iii) any other dispute arising out of or relating to the relationship between you and 4FunPoker.com; the term "4FunPoker.com" means 4FunPoker.com and their parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by 4FunPoker.com. Information may be obtained from the NAF on line at www.arb-forum.com, by calling 800-474-2371, or writing to P.O. Box 50191, Minneapolis, MN, 55405.
By accessing this website and checking the "I Accept" box, you represent that you have read this agreement in its entirety, understand its terms, are duly authorized to execute this agreement on behalf of yourself, and you will be bound by these terms.
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