TRIPLEJACK.COM SITE TERMS OF USE
PLEASE
READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
Your use
of Triplejack.com is subject at all times to our Terms of
Service. By using
the Triplejack site, you agree to all of the Terms of Service.
1.
ACCEPTANCE
OF CONTRACT TERMS
a.
The
following are terms of a legal agreement between you
and Triplejack LLC (“Triplejack”). By
accessing, browsing and/or using this
site (“Triplejack.com” or "Site"), you acknowledge
that you have
read, understood, and agree to be bound by these terms and comply with
all
applicable laws and regulations, including U.S. export and re-export
control
laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE
THIS SITE.
The material provided on this Site is protected by law, including, but
not
limited to, United States Copyright and Trademark law and international
treaties. This Site is controlled and operated by Triplejack from its
offices
within the United States. Triplejack makes no representation that
materials in
the Site are appropriate or available for use in other locations, and
access to
them from territories where their content are illegal is prohibited.
Those who
choose to access this Site from other locations do so on their own
initiative
and are responsible for compliance with applicable local laws.
b.
Our
player community is always evolving, so it's important
that you periodically check here (as well as the rules and
instructions) for
updates and new information. Triplejack may update or revise the Terms
of Use
at any time. If we revise the Terms of Use, such revision shall be
effective
thirty (30) days after posting the new Terms of Use on Triplejack.com.
You
agree to review the Terms of Use periodically to become aware of such
revisions. You can view the Terms of Use at any time by clicking on the
Terms
of Use link at the bottom of the Triplejack.com home page. Your
continued use
of our services thirty (30) days after a revised Terms of Use is posted
on
Triplejack.com will mean that you accept all such revisions. If you
don't agree
to the changes, or to any of the terms in this Terms of Use, your only
remedy
is not to use Triplejack.com and to cancel any Account or services for
which
you have signed up.
c.
If
you violate our Terms of Use, we may issue you a warning
about the violation, or we may choose to immediately terminate any and
all
accounts that you have established. You acknowledge that Triplejack is
not
required to provide you notice before terminating your Account, but it
may
choose to do so.
d.
The
Terms of Use and any posted rules or instructions
regarding a particular game, activity, contest, or sweepstakes,
constitutes the
entire agreement between you and Triplejack regarding your rights and
obligations in your use of our services. If there is any conflict
between the
Terms of Use and any other rules or instructions posted on
Triplejack.com,
Triplejack shall resolve the conflict in its sole discretion.
2.
ACCESS AND
MEMBERSHIP FEES.
a.
You
must register with Triplejack on Triplejack.com in
order to use the free games section of this site (your
“Account”).
Registration is free and all information collected will be subject to
the
Triplejack privacy policy. Triplejack has a membership option whereby
Triplejack charges membership fees to get access to all the features
available
to members. ALL MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT
REFUNDABLE IN PART OR IN WHOLE. In addition to
membership fees, Triplejack will collect
any applicable local, state, or federal taxes.
b.
Triplejack
reserves the right to change our fees or billing
methods at any time and Triplejack will provide notice of any such
change at
least thirty (30) days in advance. All changes will be posted on
Triplejack.com
and you are responsible for reviewing the Triplejack.com to obtain
timely
notice of such changes. Your continued use of your Account thirty (30)
days
after posting of the changes on Triplejack.com means that you accept
such
changes. If any change is unacceptable to you, you may cancel your
subscription
at any time, but Triplejack will not refund any fees that may have
accrued to
your Account before cancellation of your subscription, and we will not
prorate
fees for any subscription. If your use of our services is subject to
use or
sales tax, then Triplejack may also charge you for any such taxes, in
addition
to the subscription or other fees published in the billing section of
Triplejack.com. For further information please refer to the account and
billing
information below or submit a question to support@triplejack.com.
c.
You
are solely responsible for all activity on your Account
and for the security of your computer system. You may not reveal your
password
to other users. Triplejack will not ask you to reveal your password or
ever
initiate any contact with you asking for your reminder words. If you
forget
your password, go to the Retrieve Username/Password link on the
TripleJack.com
home page. You agree to indemnify and hold Triplejack harmless for any
improper
or illegal use of your Account. This includes illegal or improper use
by
someone to whom you have given permission to use your Account.
Your Account is
at risk if you let someone use it inappropriately and your Account in
any of
our services is subject to termination if you or anyone using your
Account
violates our Terms of Use. If your Account is terminated, you may not
join
Triplejack.com again without our express permission. If you wish to
rejoin the
service, please contact support@triplejack.com.
d.
Payment
Options.
i.
Membership
fees or product purchases may be made using
Credit Card, Paypal, Check, Money Order or Western Union. Memberships
paid by PayPal
will automatically renew, unless your membership is proactively
canceled. All
other memberships will not be automatically renewed. You must
actively renew
your membership each period in order to continue service.
Email alerts will be
sent out to users' registered e-mail accounts in advance of the end of
a
billing period.
ii.
As
the account holder of record (Credit Card or Paypal),
you are responsible for all charges made to that account.
Charges include but
are not limited to memberships, product purchases, applicable taxes,
and
Triplejack gear. In the event that your Credit Card or Paypal
information is
obtained unlawfully or fraudulently, Triplejack will not be held
responsible for
any fraudulent usage or purchases. All purchases against your
account are
solely your responsibility. Triplejack will not store any
Credit Card
information on our servers.
e.
Trial
Subscriptions.
i.
Triplejack
may offer a free trial membership for areas of
our site that normally require a paid membership to access. Acceptance
of a
free trial membership will mean that upon expiration of the free
period, TripleJack
may begin to bill you for that service. Memberships must be proactively
canceled in order to terminate service.
f.
Termination
Of Account.
i.
Triplejack
and you both have the right to terminate or
cancel your Account at any time. You understand and agree that the
cancellation
of your Account is your sole right and remedy with respect to any
dispute with
Triplejack. This includes, but is not limited to, any dispute related
to, or
arising out of: (1) any term of this Terms of Use or Triplejack's
enforcement
or application of this Agreement; (2) the Content available through
Triplejack.com or any change in Content provided through
Triplejack.com; (3)
your ability to access and/or use Triplejack.com; or (4) the amount or
type of
fees, surcharges, applicable taxes, billing methods, or any change to
the fees,
applicable taxes, surcharges or billing methods.
ii.
You
can cancel your Account or a particular subscription by
clicking the cancel subscription link or delivering notice to
Triplejack's
Customer Service Department at support@triplejack.com Triplejack
reserves the
right to collect fees, surcharges or costs incurred before you cancel
your
Account. In the event that your Account is terminated or canceled, no
refund
will be granted; no online time or other credits (e.g., points in an
online
game) will be credited to you or converted to cash or other form of
reimbursement, and you will have no further access to your Account or
anything
within Triplejack.com or associated with it. Active Triplejack Account
holders
may not allow former Account holders whose Account has been terminated
by
Triplejack to use their Accounts. Any delinquent or unpaid Accounts or
Accounts
with unresolved issues with Triplejack must be settled before
Triplejack may
allow you to register again.
3.
ONLINE
CONTENT.
a.
By
"Content," we mean the software,
communications, images, sounds, and all the material and information
you see on
Triplejack.com. Triplejack and our members provide most of the Content
on
Triplejack.com. Triplejack does not pre-screen all Content. You bear
the entire
risk of the completeness, accuracy or usefulness of Content found on
the
Triplejack Sites.
b.
Strong
vulgar language, crude or explicit sexual
references, discussions of illegal drugs, and hate speech are always
inappropriate Content for Triplejack.com.
c.
Triplejack
representatives may monitor your communications
on Triplejack.com, but we can not monitor all of the Content on
Triplejack.com,
and we do not attempt to do so. If you encounter something
you don't want to
see, you can report it to support@triplejack.com. Triplejack does not
endorse,
approve, or prescreen any Content that you or other users communicate
on
Triplejack.com. Triplejack does not assume any responsibility or
liability for
Content that is generated by members or other guests on Triplejack.com.
We
reserve the right to remove Content that is objectionable to us for any
reason.
This determination is in our sole discretion, and is final. Triplejack
does not
assume any liability for any failure to remove, or any delay in
removing,
Content.
d.
If
we removed Content that you created, we may send you a
warning. If it's a serious offense or you've violated our rules before,
we may
ban you from participating on the Triplejack Sites and terminate your
Account.
Triplejack games are intended to be played by human beings and not
computer
programs created for the purpose of playing our games. If it
is believed that
you are using a computer program to artificially inflate your point
total as a
means of winning prizes, Triplejack reserves the right to make your
account
ineligible for prizes or terminate your account.
4.
ONLINE
CONDUCT.
a.
Online
conduct should be guided by common sense and basic
etiquette. The laws that apply in the offline world must be obeyed
online as
well. We have zero tolerance for illegal behavior on the Triplejack
Sites. You
must also obey rules of state, local, federal laws, or foreign or
international
law where appropriate. Ignorance of the law is no excuse. We terminate
use of
the Triplejack Sites and cooperate with law enforcement for illegal
behavior.
b.
You
agree that you will be personally responsible for your
use of the Triplejack Site and for all of your communication and
activity on
Triplejack.com, including any Content you contribute, and that you will
indemnify and hold harmless Triplejack, its affiliates, employees,
officers,
and directors from any liability or damages arising from your conduct
on
Triplejack.com, including any Content that you contribute.
c.
You
will violate the Terms of Use if you (or others using
your Account) do any of the following:
i.
Post,
transmit, promote, or distribute Content that is
illegal.
ii.
Harass,
threaten, embarrass, or do anything else to another
member or guest that is unwanted.
iii.
Transmit
or facilitate distribution of Content that is
harmful, abusive, racially or ethnically offensive, vulgar, sexually
explicit,
defamatory, infringing, invasive of personal privacy or publicity
rights, or in
a reasonable person's view, objectionable. Hate speech is not
tolerated.
iv.
Disrupt
the flow of chat in chat rooms with vulgar
language, abusiveness, hitting the return key repeatedly or inputting
large
images so the screen goes by too fast to read, use of excessive
shouting [all
caps] in an attempt to disturb other users,
“spamming” or flooding [posting
repetitive text].
v.
Impersonate
another person (including celebrities),
indicate that you are a Triplejack employee or a representative of
Triplejack,
or attempt to mislead users by indicating that you represent Triplejack
or any
of Triplejack's partners or affiliates.
vi.
Attempt
to get a password, other account information, or
other private information from a Member or any other user on the
Triplejack
Sites. Triplejack employees will NEVER ask for your password. Don't
give your
password, reminder words, or billing information out to anyone.
vii.
Upload
any software or Content that you do not own or have
permission to freely distribute.
viii.
Promote
or encourage any illegal activity including
hacking, cracking or distribution of counterfeit software.
ix.
Upload
files that contain a virus or corrupted data.
x.
Post
messages for any purpose other than personal
communication, including without limitation advertising, promotional
materials,
chain letters, pyramid schemes, or make any commercial use of our
services.
xi.
Make
false reports to Triplejack staff members.
xii.
Use
or distribute “auto” software programs,
“macro”
software programs or other “cheat utility” software
program or applications.
xiii.
You
must obey all applicable laws, regulations and rules
wherever you are on Triplejack.com. This includes rules for use of
third-party
technology and content, rules of interactive service providers, and
federal,
state, local and foreign laws where applicable. We have zero tolerance
for
illegal behavior. We will cooperate with law enforcement in such
matters.
xiv.
You
may not post or communicate any player's real-world
personal information on Triplejack.com.
xv.
You
will not attempt to interfere with, hack into or
decipher any transmissions to or from the servers running
Triplejack.com.
xvi.
You
will not exploit any bug in Triplejack.com or in any
Triplejack product to gain unfair advantage in the game and you will
not
communicate the existence of any such bug (either directly or through
the
public posting) to any other user of Triplejack.com.
xvii.
You
will not do anything that interferes with the ability
of users of Triplejack.com to enjoy playing a Triplejack game and using
Triplejack.com, in accordance with its rules, or that materially
increases the
expense or difficulty of Triplejack in maintaining Triplejack.com for
the
enjoyment of all its users.
d.
If
you encounter another user of Triplejack.com who is
violating any of the Rules of Conduct described above, please report
them to support@triplejack.com.
e.
You
further agree that these rules will apply to anyone
that you allow to use your account or user ID, and that you are
personally
responsible for the consequences (including termination of your
account) that
may result if any such person breaks these rules.
f.
In
order to help make Triplejack.com a good experience for
everyone, Triplejack may occasionally find it necessary to make changes
to, or
reset certain parameters of Triplejack.com in order to bring it back
into
balance.
g.
These
rules may be changes and new rules may be added at
any time. You agree to check the service web site from time
to time to review
any rule changes that Triplejack may have made.
h.
Public
Nature of Communications.
i.
You
acknowledge and agree that your communications with
other users via chats, conferences, bulletin boards, and any other
avenues of
communication on Triplejack.com are public and not private
communications, and
that you have no expectation of privacy concerning your use of
Triplejack.com.
You acknowledge that personal information that you communicate on
Triplejack.com may be seen and used by others and result in unsolicited
communications, therefore we strongly encourage you not to disclose any
personal information about yourself in your public communications on
Triplejack.com. Triplejack is not responsible for information that you
choose
to communicate to other users on Triplejack.com, or for the actions of
other
users.
ii.
Once
you post or send any Content to Triplejack, you
expressly grant Triplejack the complete and irrevocable right to quote,
re-post, use, reproduce, modify, distribute, transmit, broadcast, and
otherwise
communicate, and publicly display and perform the Content in any form,
anywhere, with or without attribution to your screen name in
Triplejack's
discretion, and without any notice or compensation to you of any kind.
i.
Commercial
Activity and Unsolicited E-mail.
i.
You
may not advertise any goods or services on any area of
Triplejack.com. Chain letters and pyramid schemes are not allowed. You
may not
use any area of Triplejack.com to collect information, including login
names,
about users of Triplejack.com, and use of such information to send
unsolicited
e-mail or for any other purpose is strictly prohibited. You may not
exploit
Triplejack, or any games or services offered on Triplejack.com for any
commercial purpose. Any violation of these provisions can subject your
Triplejack Account(s) to immediate termination (or result in revocation
of
guest status, if you are a guest) and further legal action.
j.
Use
of Machines, Computers, Scripts.
i.
The
use of machines, computers, scripts or any automated
system on Triplejack.com is strictly prohibited and may result in
criminal
liability under the Computer Fraud and Abuse Act, Section 1030 of the
United
States Code. You may only play Triplejack games with one type, version
or copy
of browsing software application at any one time. Triplejack may
terminate and
permanently disqualify any users who, in its sole discretion,
determines as
being in violation of these Terms of Use. All decisions by Triplejack
are
final.
k.
Export
Control Laws.
i.
You
agree to abide by U.S. and other applicable export
control laws and not to transfer, by electronic transmission or
otherwise, any
Content subject to restrictions under such laws to a national
destination
prohibited by such laws, without first obtaining, and then complying
with, any
requisite government authorization. You further agree not to upload to
any area
of Triplejack.com any data or software that cannot be exported without
prior
written government authorization, including, but not limited to,
certain types
of encryption software. The assurances and commitments in this Section
shall
survive termination of this Agreement.
l.
User's
Computer Information.
i.
When
you connect to Triplejack.com, we may retrieve
information from the computer used to log onto Triplejack.com about the
computer's hardware system. We will not collect any personal
information about
you, however, without your knowledge and consent as stated in our
Privacy
Policy.
5.
Methods of
Entry – Prize Give-Aways.
a.
Prize
Give-Aways are defined
below. There are two
methods of entry into Prize Give-Aways on Triplejack.com. NO
PURCHASE IS NECESSARY TO
ENTER PRIZE GIVE-AWAYS EXCEPT IN MULTI & SINGLE TABLE
TOURNAMENTS.
The two methods of entry are as follows:
i.
[SUBSCRIPTION]
Membership Fee.
1.
Triplejack.com
charges a fee to
access certain areas of our site and receive certain membership
benefits that
are not available to free members. [SUBSCRIPTION] Members will also be
granted
access to play in Multi & Single table tournaments for prizes
and
participate in related activities on Triplejack.com without having to
complete
a mail-in registration.
2.
YOUR
MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE
OR IN PART FOR ANY REASON.
3.
Triplejack.com
reserves the right
to change the fees or billing methods at any time. Notice of any change
will be
posted on Triplejack.com at least thirty (30) days in advance of the
change.
You are responsible for reviewing the billing requirements of
Triplejack.com to
obtain timely notice of such changes. Continued use by you of the
Service
thirty (30) days after posting of the changes on Triplejack.com
constitutes
acceptance of such changes. If you decide to cancel your [SUBSCRIPTION]
membership, which you can do at anytime, Triplejack will not refund any
fees
accrued to your Account before you canceled. Triplejack will not
prorate fees
for any membership. If your use of our services is subject to use or
sales tax,
Triplejack may charge you for any use or sales tax.
ii.
Mail In
Entries.
1.
OFFLINE,
NO-PURCHASE-NECESSARY,
METHOD OF ENTRY:
As an alternate means of entry into Prize Give-Aways, a player must:
a.
Register at
Triplejack.com as a
free player; and
b.
For each
Prize Give-Away as listed
in the Prizes Up For Grabs section of our web site, send a 3 inch x 5
inch card
on which the player has legibly handwritten the player's Triplejack
screen
name, First and Last Name, Complete Mailing Address (e.g. Street, City,
State,
ZIP code), Telephone Number, Email Address, Date of Birth, and the
Event Name and
Event Date and Time for the Prize Give-Away in which the player would
like to
participate (one Prize Give-Away per card). The card must be placed in
a #10
envelope, and mailed to TripleJack, LLC – Prize Entries 1440
Coral Ridge Drive,
Suite 167 Coral Springs, FL 33071 and received at least 72 hours prior
to the
Prize Give-Away date. No
photocopies, reproductions or facsimiles of the 3 inch x 5 inch card
are
allowed. Limit: 5 cards per envelope. Triplejack reserves the right to
deny
entries that do not comply with the above requirements.
2.
Entries must
be received at least 72
hours prior to the Prize Give-Away event in which entry is requested.
Triplejack.com
will post a schedule of all Prize Give-Aways. Triplejack shall not be
responsible for late, lost, illegible, incomplete, stolen, misdirected,
mutilated or postage-due mail.
3.
The odds of
winning any prize will
be the same by mail in entry as by online [SUBSCRIPTION] membership.
4.
If you
attempt to enter a different
Prize Give-Away than the one you registered for through your mail-in
entry, you
will not be able to participate in the event you originally requested.
6.
Description
of Play.
a.
Poker
Room Games
- Players may
play either of the following two (2) games on Triplejack.com:
i.
Texas Hold Em:
See the Rules Page for
rules on how to play Texas Hold Em
ii.
Omaha: See the
Rules Page for rules on
how to play Omaha poker
b.
Play Money
i.
Play Money
has
no cash value whatsoever.
7.
General
Rules Applicable to All
Tournaments:
a.
All
tournaments will begin at the
time designated in the tournament details, which may be found on the
site.
b.
Once the
tournament begins you will
be unable to change your seat. Standing up from a tournament table will
remove
yourself from that tournament.
c.
Players may
un-register from a
tournament up to the time it starts OR until the tournament has reached
capacity.
d.
Blinds will
be defined for each particular
tournament/table. The level and timing of blinds changing is subject to
change.
e.
The button
moves in the
conventional clockwise manner so that no player receives the button
twice in a
row. Occasionally, a player may become the button without having played
in the
blinds due to other players being eliminated (this commonly occurs in
online
tournaments due to technical software issues). This may happen to any
player
during the course of a tournament and therefore creates no long-term
advantage.
f.
If two (2)
players should be eliminated simultaneously, the player with the
largest number
of chips at the beginning of the hand will be designated as having
finished
higher. It is impossible for two (2) people to be eliminated
simultaneously
when going heads up at the final table.
g.
When a
tournament is down to the
last two (2) players, the button will post the small blind and be first
to act
in the initial round. The big blind will then be first to act in the
following
rounds.
h.
The
tournament finishes when one
(1) player has won all the tournament chips and is declared the winner.
i.
Any play
deemed
unethical by Triplejack in its sole discretion (including, without
limitation,
team play, soft play or chip dumping) will result in the applicable
player(s)
being disqualified from the tournament.
j.
As players
are
eliminated over the course of a tournament, tables will be consolidated
to keep
a full complement of players. Players may be forced to post the blinds
when
arriving at a new table. Table reassignments are an inherent part of
tournaments and apply equally to all players.
k.
Players and
observers are asked to
use the chat function in a friendly and considerate way. At no time are
players
and observers allowed to discuss or comment on live hands.
l.
Internet
issues
may cause server interruptions and Triplejack will endeavor to limit
such
interruptions during a tournament, but Triplejack does not assume
responsibility
for any such problems. In the event of a server interruption, all hands
will be
"rolled back" to the start of the interrupted hand and all chip
stacks will reflect the original amounts that existed before the hand
commenced. In the event of a player disconnection, Triplejack will
allow extra
time for the disconnected player to reconnect in the later rounds of a
tournament. If a player chooses to sit out or is unable to reconnect,
he/she
will still have cards dealt to him/her and will automatically post
blinds and
antes. Players that are unable to reconnect during the allotted time
will have
their hand automatically folded.
8.
Player
Eligibility
a.
Subject To
Local Laws. Although
no
money is wagered on Triplejack and therefore poker games played at
Triplejack
are not considered gambling by most entities, 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
Triplejack
does not make any representation or warranty, express or implied, as to
the
lawfulness of your participation in the tournament sweepstakes, or that
materials on this Site are appropriate for use in your Jurisdiction.
Triplejack
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 state of Florida. Triplejack 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
Triplejack for the use of any service in any Jurisdiction in which such
activities are prohibited or restricted. You agree that, and Triplejack
asserts
that, Triplejack shall not have any responsibility under any laws in
any
Jurisdiction, other than the state of Florida in the United States.
Triplejack
further reserves the right to require you to provide proof that you are
eligible to participate and win prizes in the online poker tournament
and Prize
Give-Aways prior to payment of any winnings or prizes. Triplejack also
reserves
the right, in its sole and absolute discretion, to refuse service and
access to
any potential participant.
b.
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
tournament sweepstakes in the applicable Jurisdiction, whichever is
higher.
9.
Registration
a.
Initial
Account Establishment. To register
on the Site and become
a member, you must complete the registration process at Triplejack.com
and read
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.
b.
Continuing
Duty and Affirmation. Each time
you use the Site, you
represent and warrant to Triplejack that: (i) you are at least eighteen
(18)
years of age, or the legal age to participate in a tournament
sweepstakes in
the applicable Jurisdiction, whichever is higher; (ii) your access to
the Site,
your participation in tournament sweepstakes, and
Triplejack’s offering and
operating the tournament sweepstakes 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 Triplejack. By
applying
for registration, you authorize Triplejack to make any and all
enquiries as Triplejack
in its sole discretion considers necessary to verify the information
provided
by you. Triplejack may require you to submit such proof of age,
identity and
place of residence as it may require, at any time. Triplejack 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.
c.
No Employees. No employee
of Triplejack or of
any of its parent companies, subsidiaries or affiliated companies,
licensees,
advertising, promotional or other agencies, or developers is permitted
to win
any prizes on the Site. Any such person found to have violated this
provision
shall not be entitled to collect any winnings.
d.
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 Triplejack immediately by sending an e-mail to
support@Triplejack.com
or making the appropriate changes via the Triplejack online account
setup.
e.
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.
f.
Affirmation
of Skill & Fairness. YOU HEREBY
ACKNOWLEDGE AND AGREE THAT TOURNAMENTS ARE
CONTESTS THAT ARE DETERMINED PRIMARILY BY SKILL AND THAT NO
CONSIDERATION IS
REQUIRED FOR YOU TO PARTICIPATE IN THE TOURNAMENT SWEEPSTAKES.
ADDITIONALLY,
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND
THESE TERMS
AND CONDITIONS AND THAT THESE TERMS AND CONDITIONS ARE FAIR.
10.
Subscription
Services [OR WHATEVER
WE’LL CALL OUR SUBSCRIPTION SERVICE]. By
completing the [SUBSCRIPTION] registration, you
authorize Triplejack to charge the applicable recurring [SUBSCRIPTION]
fee to
your designated credit card or PayPal account. Monthly [SUBSCRIPTION]
members
are billed on a 30-day cycle, which begins upon [SUBSCRIPTION]
registration (or
at the end of a limited free trial period, if applicable to a promotion
that
you joined through) and ends 30 days thereafter (each a "[SUBSCRIPTION]
Month"). If you have signed up for an annual or quarterly
[SUBSCRIPTION]
plan, you are billed one time at the beginning of each applicable
billing
period. If you do not cancel before the end of the period, Triplejack
will
automatically renew your [SUBSCRIPTION] plan at the end of the period
and you
will be billed according to the plan you are currently on. If your use
of our
services is subject to use or sales tax, then Triplejack may also
charge you
for any such taxes, besides the [SUBSCRIPTION] fee or other fees
published at Triplejack.com.
Triplejack reserves the right to change our fees or billing methods at
any
time. Triplejack will post any such changes in this Terms and
Conditions
section at least thirty (30) days before they become effective. You are
responsible for reviewing the terms and conditions section of
Triplejack.com to
obtain timely notice of such changes. Continued use of the Service of
thirty
(30) days after posting of the changes on Triplejack.com means that you
accept
such changes. If you decide that any change is unacceptable, you may
cancel
your [SUBSCRIPTION] membership. Triplejack will only refund fees that
have not
accrued to your account before cancellation of your [SUBSCRIPTION]
membership.
You can cancel your Player's [SUBSCRIPTION] membership online at Triplejack.com. Triplejack
will return a
cancellation confirmation to your registered email. You should retain
this
confirmation as a record of your cancellation.. You must provide credit
card
information or PayPal billing information to register for any and all
free
trial offers to the [SUBSCRIPTION] service. By signing up for a free
trial, you
agree that Triplejack may obtain a pre-authorization of up to $20. Some
financial institutions may perceive these requested amounts as actual
pending
charges. While not actual charges, Triplejack is not responsible for
any
results, such as an overdraft fee, that may occur to your account
because of
pending charges. If you accept a free trial of the [SUBSCRIPTION]
service, we
will bill your Account when the free trial expires, unless you cancel
your free
trial before that time. You are responsible for any Internet service
provider,
telephone, wireless and other connection fees that you may incur when
using Triplejack.com,
even when we offer a free trial. Trial memberships may not be
transferred at
any time to any other user. Trial memberships are limited to one per
person.
11.
Account
Identifiers
a.
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 the Site. In the event that you are concerned that
they are
no longer secure and confidential, you should immediately notify
Triplejack by
sending an e-mail to support@Triplejack.com
or log into your
account and change your password or new Identifiers may be
selected and
allocated and any future transactions under the previous Identifiers
may be
voided, at the sole discretion of Triplejack. 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 Triplejack as provided
herein)
will be treated as valid.
b.
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 tournament sweepstakes, 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.
c.
You Are
Responsible. You agree
to be solely responsible
for all use of the Site (including without limitation participation in
tournament
sweepstakes) through the use of any of your Identifiers (except where
you have
notified Triplejack as provided above) and you agree to indemnify and
hold
harmless Triplejack, along with its employees, affiliates, managers,
agents and
directors, for any and all claims, losses, liability, damages and costs
(including attorneys' fees and expenses) arising from such use.
12.
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
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.
13.
Account
Suspension
a.
Right To
Cancel Account. Triplejack
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.
b.
Investigation. If your
account is terminated or
suspended, Triplejack reserves the right to determine whether to
declare as
void any transactions placed by you.
14.
Site Use
a.
Services May
Change or End. Triplejack
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.
b.
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 Triplejack 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.
c.
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.
d.
Odds, Risk
and Fair Play. You
acknowledge and agree that the
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.
e.
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 Triplejack 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 Triplejack
reserves the
right to institute civil or file criminal proceedings against you and
to report
you to the relevant regulatory authorities.
f.
Behavior
& Responsibility
i.
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.
ii.
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 Triplejack.com. You acknowledge and understand that any
attempt to
participate in any service offered on Triplejack.com by means of
automatic,
macro, programmed, or similar methods, or to otherwise commit fraud
with regard
to Triplejack.com, will result in civil and/or criminal prosecution,
termination of your account, and forfeiture of all winnings to which
you may
otherwise be entitled.
iii.
You shall
accept and abide by the contest rules set forth on the rules web page,
to be
amended from time to time by Triplejack in the sole discretion of
Triplejack.
iv.
You agree
that Triplejack
is not liable for any loss caused by any unauthorized use of your
credit card
by a third party in connection with Triplejack.com or any third party
site.
v.
Any attempt
to
defraud Triplejack 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.
vi.
You agree
that Triplejack
is not, and shall not be, responsible for any damage, loss, or injury
resulting
from hacking, tampering, or other unauthorized access or use of
Triplejack.com or
your account.
vii.
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 Triplejack.com, 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 Triplejack.com, you agree to indemnify, defend, and
hold Triplejack
harmless from or for any claims, liability, damages, and/or costs
(including
attorneys' fees) arising from any use of your account by any person.
viii.
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 Triplejack.
g.
Computer
Errors. You
acknowledge that full freedom
from errors and incompleteness is impossible to achieve. If you become
aware
any error or incompleteness on the Site, you shall immediately notify
Triplejack
by e-mail at support@Triplejack.com. You agree to refrain from taking
any
advantage whatsoever of that error or incompleteness and Triplejack
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. Triplejack will not be liable for any alleged winnings
that are,
in Triplejack’s sole discretion, the result of a system error
or malfunction.
h.
Verification. Whenever
Triplejack 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 Triplejack. Such materials will become the property of
Triplejack
and will not be returned to you.
i.
Referrals. If you are
a Triplejack
[SUBSCRIPTION] member and you refer a "valid person" (as defined
below) to Triplejack through Triplejack’s referral process,
and that person
becomes a paying member of Triplejack’s [SUBSCRIPTION]
service, you will
receive a commission based on the referral commission guidelines as
detailed at
TripleJack.com.
i.
A "valid
person" must be a new customer, over the age of 18 that registers for
TripleJack.com
and
1.
Is not be
registered under any other name or alias
2.
Submits a
valid email address
3.
Submits
their legal First and Last
Name
4.
Meets all
other qualifications to
be a Triplejack [SUBSCRIPTION] member and to play on the Triplejack
site as set
forth in these terms and conditions, as they may be modified from time
to time.
a.
Triplejack
reserves the right to determine in its sole discretion whether a
customer is a
"valid person".
i.
We may
modify
any of the terms and conditions of or cancel the referral program, at
any time
and in our sole discretion, by posting a change or cancellation notice
on our Site.
Modifications may include, for example, changes in the scope of
available
bonus, and of referral program rules.
ii.
Any abuse of
the referral program may result in the cancellation of the above
bonuses or
entry, as well as account closure.
15.
Third Party
Websites
a.
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 Triplejack and you
acknowledge
that Triplejack is not responsible for the accuracy, copyright and
trade mark
compliance, legality, decency or any other aspect of the content of
such
websites. You further acknowledge and agree that Triplejack 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.
Triplejack
may include hyperlinks to web sites operated by parties
other than Triplejack including advertisers and other content
providers. Those
sites may collect data or solicit personal information from you.
Triplejack
does not control such web sites, and is not responsible for their
content,
privacy policies, or for the collection, use or disclosure of any
information
those sites may collect.
b.
Future Marketing.
You hereby acknowledge and agree
that Triplejack and/or its affiliates may market products and services
to you
in the future.
16.
Proprietary
Rights, Copyrights
and Trademarks
a.
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
Triplejack.
Except as expressly authorized by Triplejack, 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, unless
Triplejack expressly authorizes you to do so in writing. Making
unauthorized
copies of any Content found on any area of Triplejack.com can lead to
the
termination of your Triplejack Account(s) (or revocation of guest
status, if
you are a guest) and may subject you to further legal action.
Similarly, other content
owners may take criminal or civil action against you. In that event,
you agree
to indemnify and hold harmless Triplejack and its subsidiaries,
affiliates,
related companies, employees, officers, directors and agents.
b.
License. Triplejack
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 Triplejack
for use in accessing the Site.
17.
Privacy
a.
The
Triplejack.com privacy policy
is set forth at http://www.tjserver.com/privacy.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.
18.
No Warranty.
a.
YOUR USE OF
THIS SITE IS AT YOUR
SOLE RISK.
b.
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,
TRIPLEJACK, 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, OR THAT
TRIPLEJACK.COM WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE
OR IN ANY
SPECIFIC GEOGRAPHIC AREA; 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.
c.
NO ADVICE OR
INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM TRIPLEJACK.COM OR THROUGH OR FROM
THE
SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
d.
TRIPLEJACK.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, TRIPLEJACK,
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.
19.
Limitation
of Liability. IN NO EVENT
SHALL TRIPLEJACK AND ITS SUBSIDIARIES, AGENTS, MANAGERS, EMPLOYEES,
CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, 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 TRIPLEJACK 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. YOU ACKNOWLEDGE AND
AGREE THAT TRIPLEJACK IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY
THEM OR ANY OTHER PERSON
REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE. THIS
LIMITATION OF
LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF
TRIPLEJACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
20.
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.
21.
Indemnity. You agree to
defend, indemnify and
hold harmless Triplejack and its 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 Triplejack.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.
22.
Privacy
Policy. Please
review the Triplejack
privacy policy at the bottom of the Triplejack.com home page or at:
http://www.tjserver.com/privacy.php
23.
Right To
Cancel Contest
a.
If
Triplejack, its parents,
affiliates, managers, or directors determines that operating the
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 tournament sweepstakes may be ended by
Triplejack and Triplejcack
shall owe you nothing. Triplejack, its parents, affiliates, managers,
or
directors, may in their sole and absolute discretion have a drawing for
any
prizes in the event that the tournament sweepstakes is cancelled.
24.
Miscellaneous
a.
Incorporation.
You agree that this
agreement and all incorporated agreements may be automatically assigned
by Triplejack,
in its sole discretion, to a third party in the event of a merger or
acquisition.
b.
No Waiver.
Triplejack’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. Triplejack’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.
c.
Severability
and Integration.
Unless otherwise specified herein, this agreement constitutes the
entire
agreement between you and Triplejack with respect to this Site and
supersedes
all prior or contemporaneous communications and proposals (whether
oral,
written, or electronic) between you and Triplejack 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.
d.
Notices.
Except as expressly stated
otherwise, any notices to Triplejack shall be made by registered mail
to Triplejack,
LLC 1440 Coral Ridge Drive Suite 167 Coral Springs, FL 33071. Notices
to you
may be made to the e-mail address you provide to Triplejack during the
registration process or by postal mail (including registered mail) to
the
address you provide to Triplejack 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.
e.
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.
f.
Choice of
Law
and Forum. These terms shall be governed by and construed in accordance
with
the laws of the state of Florida, 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 tournament sweepstakes or your
use of
this Site shall be resolved in accordance with the dispute resolution
terms set
forth in these terms.
25.
Other Legal
Terms.
a.
You
agree that these Terms of Use are not intended to
confer and do not confer any rights or remedies upon any person other
than the
parties to this Agreement. You also understand and agree that the
Triplejack
Terms of Use and the Triplejack Privacy Policy, including Triplejack's
enforcement of those policies, are not intended to confer, and do not
confer,
any rights or remedies upon any person. If any part of this Agreement
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.
b.
This
Agreement shall be construed in accordance with the
laws of the State of Florida, and the parties irrevocably consent to
bring any
action to enforce this Agreement in the United States federal and
Florida state courts located in the County of Broward, Florida. The
parties also waive any
defenses to jurisdiction or venue to lawsuits brought by Triplejack in
the United States federal and Florida state courts located in the
County of Broward, Florida. This
Agreement constitutes the entire agreement between the parties with
respect to
the subject matter hereof, and supersedes all previous written or oral
agreements between the parties with respect to the subject matter. All
rights
not expressly granted herein are expressly reserved. This Agreement
shall inure
to the benefit of Triplejack's agents, licensors, licensees,
successors, and
assigns.
