LEARNPROBLACKJACK.COM TERMS OF USE   

These Terms of Use define the terms by which you may use the LearnProBlackjack.com (“Website”), and are an agreement between you and Captivate Labs, Inc. (the Company and Website are collectively referenced as “we” or “us”). By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Use, as well as any applicable laws hereunder. You should not use this Website , if you do not agree to these Terms of Use.

We may modify our Terms of Use at any time without notice or in our sole discretion, and any amendments will apply immediately. Your continued use of this Website after any amendments shall signify your acceptance of the amendments. You should return to this page from time to time in order to ensure that you are aware of any changes. The Privacy Policy posted to our Website also forms part of these Terms of Use. We may at any time modify the Privacy Policy or introduce new policies regarding the use of this Website. Any reference to our Terms of Use includes all such policies.

This Agreement applies to all visitors, users, and others who access the Website.

1. Our Website

Our Website is a an educational and informational website designed to provide training on the rules and strategies for playing blackjack and on how to have a better experience when you play blackjack generally.

2. Eligibility to Use Our Website

Only adults, who are at least eighteen (18) years of age, are eligible to use our Website. In addition, to use the Website, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. By using our Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.

3. Registration

You do not have to register in order to visit our Website. In order to access many of the features of this Website, however, you will need to register and create an account. When you register, you may be asked to provide your user name and email address.

If you register as a user, you will also be required to select a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with the URL of LearnProBlackjack.com. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage arising from your failure to comply with this Section 3.

All information provided by you in your registration must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to believe that this is not the case. In addition, we may suspend or cancel your registration with us at any time without prior warning if you fail to comply with these Terms of Use, without limiting any other remedies to which we may be entitled. Furthermore, if we consider you to have committed fraud or any other illegal activity, we may report you to the appropriate law enforcement authorities.

4. Intellectual Property

We or our licensors, if any, shall retain all right, title, and interest in the trade secrets, know-how, marks, logos, designs, code, databases, text, training videos, flashcards, and other materials comprising our Website (“Intellectual Property”). Except as otherwise set forth herein, you may not reproduce, display, copy, republish, download, upload, post, transmit, publicly perform or display, distribute, create derivative works of, misappropriate, or otherwise use for any purpose any portion of our Website or the materials and information contained herein without the express written consent of us or our licensors as appropriate. The backend software platform (the “Software”) contains our trade secrets and in order to protect those trade secrets, you agree not to take any action to reverse engineer, compile, translate, disassemble, copy, or create derivative works of the Software in whole or in part, nor to permit any third party to do so. Using the Intellectual Property on any other website for any commercial purpose is expressly prohibited.

5. Subscription Terms

  1. Access. We grant access to our password-protected text, training videos, flashcards, and other content (the “Content”) on a per user basis, so each individual is required to maintain an individual subscription to access the Content on our Website.
  2. Scope of Subscription. We grant each subscriber a perpetual, non-transferable, non-exclusive license to (a) access, use, and play or replay our Content for your personal use only; and (b) to use, download, and make copies of our flashcards and quick tips for your personal use only.
  3. Subscription Fee. We charge each subscriber a subscription fee in the amount of Twenty-Nine Dollars and Ninety-Five Cents ($29.95) in order to access to the Content posted to the password-protected portions of our Website.
  4. Refund Policy. In the event you are dissatisfied with your purchase for any reason and notify us of your intent to cancel within sixty (60) days following the purchase date, we will refund your subscription fee paid in full.
  5. Cancellation. You may cancel your subscription at any time without notice by sending us an email to support@learnproblackjack.com. We also reserve the right to cancel your subscription at any time in the event that you materially breach any term or condition of our Terms of Use. All cancellations will be effective immediately. Please be advised that, in the event your subscription is cancelled for any reason, you will not be entitled to a refund of the unused portion of your subscription fee, unless the request is made within sixty (60) days following the purchase date.

6. Operation of Our Website and Service

We use commercially reasonable efforts to maintain our Website and to keep them operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.

If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:

  1. Description of the Incident. The specific sequence of events which generated the incident, and a full description;
  2. Description of Error Message. The exact wording of any error messages, if applicable; and
  3. Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.

We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We expressly disclaim any and all liability or responsibility for any delay, interruption, or downtime.

We use commercially reasonable efforts to ensure that our Website is protected, but we cannot guarantee that either will at all times be free from viruses and other destructive software. We urge you to use reasonable care in downloading information. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website as a result of downloading from the Website.

7. Acceptable Use Policy

Our Website should only be used for lawful purposes. We specifically prohibit any other use of the Website, including but not limited to the following:

  1. Impersonation; Misrepresentation: Submitting to the Website any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity;
  2. Providing Unauthorized Access to the Website: Disclosing or sharing your password with any third party or allowing such third party access to the password-protected features of the Website;
  3. Illegal Activity: Using the Website for any illegal purpose;
  4. Tampering with the Website: Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s or platform’s infrastructure, servers, data, or network or those of any third party via our Website;
  5. Using Unauthorized Search Tools: Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website or platform other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari;
  6. Uploading Viruses: Submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Service, or of any computer software, hardware, or telecommunications equipment;
  7. Infringing Intellectual Property: Deciphering, decompiling, disassembling, copying, duplicating, aggregating, or reverse engineering any of the software, content, information, or other materials comprising or in any way making up part of the Website;
  8. Mining Data: Using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website;
  9. Stalking or Harassment: Stalking, harassing, or threatening any user or visitor to our Website; or
  10. Harvesting Personal Information: collecting or storing personal information about any user or visitor.

We reserve the right (but do not have the obligation) to suspend or cancel the account of any user who does not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at support@learnproblackjack.com.

8. Intellectual Property Infringement Complaints

We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:

  1. Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
  2. Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
  3. Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;
  4. Contact Information. Your address, telephone number, and email address; and
  5. Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.

9. Compliance with Applicable Laws

You are solely responsible for knowing the laws and regulations applicable to gambling in your jurisdiction or any jurisdiction where you visit, and for complying with all applicable laws and regulations.

10. Security

We have implemented commercially reasonable security measures to protect your personal information; however, we cannot provide any guarantees that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge and agree that any personal information that you provide is provided at your own risk.

11. Feedback; Idea Submissions

We are pleased to hear from you and welcome your feedback about the Website. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Website at our sole discretion without any obligation to you.

In the event that you submit any ideas to us about the Website, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish and to incorporate your idea into our Intellectual Property.

12. Limitation of Liability; Consequential Damages

You agree that Company, the Website, and our officers, members, managers, employees, independent contractors, representatives, and agents will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website or any information contained herein, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).

Our liability to you for all claims shall in no event exceed the fees paid by you to us. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.

13. Warranty; Disclaimer

We make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, or free of technical problems.

The Content and any text provided herein is provided on an “AS IS” and ‘AS AVAILABLE” basis. We expressly disclaim any and all warranties that any information, strategies, or tips provided herein will be true, accurate, reliable, complete, or error-free.

Your use of this Website and any information, strategies, or tips contained herein shall be at your sole risk. We do not intend to encourage or promote gambling with this Website. Any decision to gamble is at your absolute and sole discretion.

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES THAT YOU WILL WIN MONEY IF YOU GAMBLE AT A CASINO OR ANY OTHER ESTABLISHMENT AND UTILIZE THE INFORMATION, STRATEGIES, OR TIPS PROVIDED HEREIN. GAMBLING CARRIES AN INHERENT RISK OF LOSS OF MONEY, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DECISION THAT YOU MAKE TO RISK MONEY PLAYING BLACKJACK AND ANY LOSS OF MONEY THAT YOU SUFFER AS A RESULT OF ANY SUCH DECISION. You are solely responsible for ensuring that you gamble responsibly. Please visit the Gamblers Anonymous website at www.gamblersanonymous.org for information about gambling addiction. WE DISCLAIM ANY AND ALL WARRANTIES THAT YOU WILL NOT DEVELOP A GAMBLING ADDICTION IF YOU USE THE INFORMATION, STRATEGIES, OR TIPS CONTAINED HEREIN TO PLAY BLACKJACK AND GAMBLE MONEY.

The information, strategies, and tips that we provide on this Website are for educational and informational purposes only. Any business decision that you make that involves blackjack should be based on the advice and counsel of an accountant, lawyer, or other professional advisor. You are solely responsible for any business decision you make based on any information, strategy, or tip provided on this Website.

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES ABOUT THE LEGALITY OF USING THIS WEBSITE AND THE CONTENT, INFORMATION, STRATEGIES, OR TIPS CONTAINED THEREIN IN YOUR JURISDICTION OR ANY JURISDICTION YOU VISIT, OR THE LEGALITY OF PLAYING BLACKJACK IN YOUR JURISICTION OR IN ANY JURISDICTION YOU VISIT. You are solely responsible for ensuring your compliance with all applicable laws and regulations at all times.

TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED.

14. Release of Claims

To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our officers, members, managers, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to Company or our Website. If applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

15. Indemnification

By using our Website, you agree to indemnify, defend, and hold harmless Company and our Website, as well as our officers, members, managers, employees, independent contractors, agents, or representatives against any claims, demands, losses, damages, costs, expenses, judgments, litigation costs, and reasonable attorneys fees, which arise (a) from your use of this Website and any Content posted herein, (b) as a result of any violation by you of the Terms of Use; or (c) from any non-compliance by you with any applicable law or regulation.

16. Miscellaneous

We reserve the right to discontinue this Website at any time in our sole discretion. You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement with you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.

17. Governing Law; Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in Arlington, Virginia by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.

18. Contact Us

In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website, please notify us at the following email address: support@learnproblackjack.com.

19. Effective Date

These Terms of Use were last modified on the 8th of August, 2017.