Terms of Service
Welcome to The Poker Academy. The Poker Academy and/or its affiliates provide website features and other products and services to you when you visit or shop at ThePokerAcademy.com, use The Poker Academy products or services, use The Poker Academy applications for mobile, or use software provided by The Poker Academy in connection with any of the foregoing (collectively, “The Poker Academy Services”). The Poker Academy provides The Poker Academy Services subject to the following conditions.
By using The Poker Academy Services, you agree to these conditions. Please read them carefully.
We offer a wide range of The Poker Academy Services, and sometimes additional terms may apply. When you use a The Poker Academy Service (for example, Online Courses, Membership Community, My Content, Webinars, Articles, Tools, Podcasts, Videos, Chat, Email, or The Poker Academy applications for mobile and desktop) you also will be subject to the guidelines, terms and agreements (if any) applicable to that The Poker Academy Service (“Service Terms”). If these Terms of Service are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of The Poker Academy Services, to understand our practices.
When you use any The Poker Academy Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other The Poker Academy Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any The Poker Academy Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of The Poker Academy or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any The Poker Academy Service is the exclusive property of The Poker Academy and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any The Poker Academy Service are trademarks or trade dress of The Poker Academy in the U.S. and other countries. The Poker Academy’s trademarks and trade dress may not be used in connection with any product or service that is not The Poker Academy’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Poker Academy. All other trademarks not owned by The Poker Academy that appear in any The Poker Academy Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Poker Academy.
One or more patents owned by The Poker Academy apply to the The Poker Academy Services and to the features and services accessible via the The Poker Academy Services. Portions of the The Poker Academy Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Terms of Service and your payment of any applicable fees, The Poker Academy or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the The Poker Academy Services. This license does not include any resale or commercial use of any The Poker Academy Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any The Poker Academy Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Service or any Service Terms are reserved and retained by The Poker Academy or its licensors, suppliers, publishers, rights holders, or other content providers. No The Poker Academy Service, nor any part of any The Poker Academy Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Poker Academy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Poker Academy without express written consent. You may not use any meta tags or any other “hidden text” utilizing The Poker Academy’s name or trademarks without the express written consent of The Poker Academy. You may not misuse the The Poker Academy Services. You may use The Poker Academy Services only as permitted by law. The licenses granted by The Poker Academy terminate if you do not comply with these Terms of Service or any Service Terms.
If you use any The Poker Academy Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Poker Academy does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use The Poker Academy Services only with involvement of a parent or guardian. The Poker Academy reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may make posts, comments, share photos, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. The Poker Academy reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant The Poker Academy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Poker Academy and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Poker Academy for all claims resulting from content you supply. The Poker Academy has the right but not the obligation to monitor and edit or remove any activity or content. The Poker Academy takes no responsibility and assumes no liability for any content posted by you or any third party.
The Poker Academy respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the “Notice and Procedure for Making Claims of Copyright Infringement” section below.
REFUNDS AND TRANSFER
All The Poker Academy services are 100% refundable for up to 90 days after purchase.
The Poker Academy has the right but not the obligation to refund any and all monies via the original funding source or may, at it’s sole discretion, execute a refund via check. Checks will be mailed and may take 7-14 days to process. The Poker Academy reserves the right to process a refund within 30 days of the initial request.
The Poker Academy takes no responsibility and assumes no liability for any expenses you may incur other than the actual cash amount collected for The Poker Academy Service. Additional expenses including, but not limited to, computer related purchases, internet access, or any other expenditure of money associated with the process of using a The Poker Academy Service is your sole responsibly.
PAYMENT DEFAULT AND COLLECTIONS
By making a purchase with The Poker Academy you assume responsibility for any and all collection and legal fees necessitated by default in payment. You agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
The Poker Academy attempts to be as accurate as possible. However, The Poker Academy does not warrant that product descriptions or other content of any The Poker Academy Service is accurate, complete, reliable, current, or error-free. If a product offered by The Poker Academy itself is not as described, your sole remedy is to take advantage of the refund policy.
With respect to items sold by The Poker Academy, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced or a discount or promotion code misapplied. If the correct price of an item sold by The Poker Academy is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
THE POKER ACADEMY SOFTWARE TERMS
In addition to these Terms of Service, the terms found “Additional The Poker Academy Software Terms” apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with The Poker Academy Services (the “The Poker Academy Software”).
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Poker Academy Services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the The Poker Academy Services are provided by The Poker Academy on an “as is” and “as available” basis, unless otherwise specified in writing. The Poker Academy makes no representations or warranties of any kind, express or implied, as to the operation of The Poker Academy Services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through The Poker Academy Services, unless otherwise specified in writing. You expressly agree that your use of The Poker Academy Services is at your sole risk.
To the full extent permissible by applicable law, The Poker Academy disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Poker Academy does not warrant that The Poker Academy Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through The Poker Academy Services, The Poker Academy’s servers or electronic communications sent from The Poker Academy are free of viruses or other harmful components. The Poker Academy will not be liable for any damages of any kind arising from the use of any The Poker Academy Service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any The Poker Academy Service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
By using any The Poker Academy Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and The Poker Academy.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Service at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
The Poker Academy
117 E. Louisa Street #523
Seattle, WA 98012
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to us. We respond quickly to the concerns of rights owners about any alleged infringement. Please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Poker Academy’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
The Poker Academy Legal Department
117 E. Louisa Street #523
Seattle, WA 98012
Please note that this procedure is exclusively for notifying The Poker Academy that your copyrighted material has been infringed.
Additional The Poker Academy Software Terms
Use of the The Poker Academy Software.
You may use The Poker Academy Software solely for purposes of enabling you to use and enjoy the The Poker Academy Services as provided by The Poker Academy, and as permitted by the Terms of Service, these Software Terms and any Service Terms. You may not incorporate any portion of The Poker Academy Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license The Poker Academy Software or otherwise assign any rights to The Poker Academy Software in whole or in part.
You may not use The Poker Academy Software for any illegal purpose. We may cease providing any The Poker Academy Software and we may terminate your right to use any The Poker Academy Software at any time. Your rights to use The Poker Academy Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms of Service or any other Service Terms. Additional third party terms contained within or distributed with certain The Poker Academy Software that are specifically identified in related documentation may apply to The Poker Academy Software (or software incorporated with the The Poker Academy Software) and will govern the use of such software in the event of a conflict with these Terms of Service. All software used in any The Poker Academy Service is the property of The Poker Academy or its software suppliers and protected by United States and international copyright laws.
Use of Third Party Services.
No Reverse Engineering.
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, The Poker Academy Software, whether in whole or in part, or create any derivative works from or of The Poker Academy Software.
In order to keep The Poker Academy Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Export Regulations; Government End Users.
You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to The Poker Academy Software. If you are a U.S. Government end user, we are licensing The Poker Academy Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to The Poker Academy Software are the same as the rights we grant to all others under these Terms of Service.