Terms of Service

Last Revised: November 1, 2025

PLEASE READ THESE TERMS OF SERVICE AND THE RELATED PRIVACY POLICY LOCATED AT https://www.txpokeronline.com/privacy-policy CAREFULLY BEFORE USING THE “SITE” OR ANY OF THE “FORUMS” (AS SUCH TERMS ARE DEFINED BELOW). BY USING THE APP/SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT, MASS ARBITRATION PROCEDURES, AND CLASS ACTION WAIVER DESCRIBED BELOW.

This “App/Site” (as defined below) is owned and operated by TX Poker, LLC. on its own behalf or in combination with one of its corporate subsidiaries, affiliates, divisions or joint ventures (collectively referred to herein, solely for ease of reference, as “TX Poker”, “us” or “we”). These terms of service (the “Terms of Service” or “Agreement”) set forth the legal terms and conditions governing your use of our website located at www.txpokeronline.com and any other online and mobile websites, blogs and mobile applications operated by TX POKER (collectively, the “Site”) (unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control your access to and use thereof).

Your use of this Site constitutes and confirms your unconditional agreement to be bound by these Terms of Service and is subject to your continued compliance with these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not authorized to access or otherwise use the Site. Before using the Site, please review the related TX Poker Privacy Policy (the “Privacy Policy”), and AML/KYC Policy (the “AML/KYC Policy”), which are available at http://www.txpokeronline.com/privacy-policy and http://www.txpokeronline.com/amlkyc.html and are incorporated herein by this reference.

PART ONE

Eligibility

The Site is intended solely for users eighteen (18) years of age and older. You represent and warrant that you are eighteen (18) years of age or older. If you are not 18 years of age or older you are not authorized to access or otherwise use the Site.

Registration

You agree to provide necessary documentation including but not limited to driver’s license, passport, biometric face matching photos. You agree that you will not provide any false personal information to the Site during the registration period. You will also not create more than one personal profile, and if you select a username for your account (your “Account”), we reserve the right to change, remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a celebrity or trademark owner complains about a username).

If you register with the Site, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer and mobile device so that others may not use your Account to access any portion of the Site. You accept responsibility for all activities that occur under your Account, email or password.

Billing

By providing a credit card or any other permitted payment method (“Payment Method”) to pay for TX POKER’s cash table buy-ins, tournament entries, membership fees or access fees you authorize TX POKER, or a third-party payment processor acting on our behalf (the “Payment Service”), to charge your Payment Method for the Fees you incur, along with any applicable taxes. Access Fees are based on the amount of time you use or remain connected to the Site/App or any real-money table, and these rates may vary depending on the table, event, membership type, or promotional pricing in effect at the time of use.

TX POKER DOES NOT PARTICIPATE IN, TAKE, RETAIN, OR CLAIM ANY PORTION OF THE MONEY WAGERED, WON, OR LOST BY PLAYERS. ALL GAMBLING FUNDS REMAIN EXCLUSIVELY AMONG THE PLAYERS. THE SOLE REVENUE EARNED BY TX POKER IS THROUGH HOURLY ACCESS FEES PAID BY MEMBERS.

If you wish to update or change your Payment Method, you may do so at any time by accessing your account settings. When you submit a Payment Method, the Payment Service may place a temporary authorization hold to verify its validity, which may reduce your available balance or credit limit until the authorization is released. If your Payment Method becomes invalid or expires and you do not update your information, you authorize the Payment Service to continue attempting to charge the Payment Method and acknowledge that you remain responsible for all accumulated and outstanding Access Fees. If payment cannot be processed, TX POKER may suspend or terminate your access to the Site/App without further notice.

Access Fees may be charged in periodic intervals (such as hourly), or as otherwise displayed at the time you join a table or event. Cash Games have hourly rates that are deducted from your player account only. Tournaments have a set hourly rate based on the amount of time the tournament is intended to run. You acknowledge that billing amounts may vary based on your activity, changes in Access Fee rates, changes in the amount of time you remain seated or connected at a table, promotional credits, changes in taxes, or updates to your Payment Method, and you authorize TX POKER or the Payment Service to charge your Payment Method for all such amounts.

TX POKER may modify Access Fee rates or billing terms from time to time. Any change in fees will take effect on a prospective basis, and you will be notified prior to the new fees applying to your future usage. You are responsible for reviewing these changes and discontinuing use if you do not agree to the updated rates.

In rare circumstances, if TX POKER determines that it is appropriate (for example, if access to TX POKER services becomes unavailable due to technical issues on our end), we may issue credits or adjustments. Any such credits are provided solely at TX POKER’s discretion, and the issuance of a credit on one occasion does not obligate TX POKER to provide credits in the future under any circumstances.

Limited License to the Site

TX Poker grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the materials thereon for your personal use only, if you comply fully with these Terms of Service. You shall not interfere (or permit the use of your membership or access to the Site by a third party to interfere) or attempt to interfere with the operation or use of Site by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means.

Changes to Site and/or Terms of Service

TX Poker reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site or these Terms of Service, in whole or in part, at any time without further notice. For changes to these Terms of Service that we deem material, we will place a notice on http://www.txpokeronline.com by revising the link on the homepage to read substantially as “Updated Terms of Use” for an amount of time that we determine in our discretion.

If you access or use the Site in any way after the Terms of Service have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms of Service will be available on http://www.txpokeronline.com and will supersede all previous versions of these Terms of Service.

Trademarks, Copyrights & Restrictions

The Site and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Site (other than and except for “User Content” as defined herein) are owned by or licensed by TX Poker or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties.

Except as expressly permitted in writing by TX Poker, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of TX Poker or such third party that may own the Material or intellectual property displayed on the Site.

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED.

Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of this Agreement by others that you become aware of. You are advised that TX Poker will aggressively enforce its rights to the fullest extent of the law. TX Poker may add, change, discontinue, remove or suspend the display of or access to any of the Material at any time, without notice and without liability.

Software

From time to time, and in its sole discretion, TX Poker may make available to users certain software that may be accessible or downloaded from this Site. In the event you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by TX Poker or a TX Poker-approved third party software provider (“Third Party Provider”).

TX Poker does not transfer title to the Software to you. TX Poker retains full and complete title to the Software, and all intellectual property rights therein. For purposes of these Terms of Service, such Software shall be included in the definition of “Material”. Furthermore, your use of any Software of a Third Party Provider shall be subject to the end user license agreement or any other terms of use set forth by such Third Party Provider for its Software.

You agree not to circumvent, disable, disassemble, remove, alter, deactivate, degrade or otherwise tamper with such security technology or any digital rights management or other content protection, copy control, or access control measure associated with the Site, including geo-filtering mechanisms.

Unsolicited Submissions

TX POKER is pleased to hear from its visitors and welcomes your comments regarding TX POKER products and services. TX POKER’S long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions or materials.

We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by TX POKER’s or its affiliates’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials that you expect to be compensated for or that you would like to keep private. If you nevertheless choose to make any such submission, TX POKER may freely use the submission, in whole or in part, for any purpose without any obligation to you.

Without limiting the generality of the foregoing, if you send or post a submission or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on the part of TX POKER, and TX POKER shall not be liable for any use or disclosure of any Submissions.

Any Submission may be used by TX POKER without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit or compensation for the material or ideas.

TX POKER shall have and is hereby irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, exploit, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. Submissions to the Site and/or TX POKER will not be acknowledged or returned.

You agree and understand that TX POKER is not obligated to use any Submission you make to the Site or TX POKER and you have no right to compel such use. You hereby acknowledge and agree that your relationship with TX POKER is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to TX POKER does not place TX POKER in a position that is any different from the position held by members of the general public with regard to your Submission.

You understand and acknowledge that TX POKER has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by TX POKER’s own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in structure, purpose, function, theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of TX POKER’s use of any such similar or identical material.

Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of TX POKER’s actual or alleged exploitation or use of any material you submit to the Site and/or TX POKER, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any TX POKER television show, platform, product or service based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Applicable law may restrict or limit the foregoing provisions of this Paragraph.

Linked Sites

The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties (collectively, “Third Party Applications, Software or Content”).

Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.

If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Forums and Public Communications

As a convenience to its visitors, TX POKER may provide, from time to time and at its sole discretion, one or more chat areas, video calls, message boards, bulletin boards, e-mail functions, instant messaging service and other interactive areas as part of the Site (collectively, the “Forums”). The Forums are subject to these Terms of Service, the “Community Guidelines” (as defined below), the Privacy Policy, and other rules that may be published from time to time by TX POKER in its sole discretion.

Information disclosed in the Forums is revealed to the public by design. The individual who posts messages, content or other information in the Forums (collectively, “User Content”) is responsible for the reliability, accuracy, and truthfulness of such User Content. Information disclosed in the Forums is revealed to the public by design. TX POKER has no control over whether any such User Content is of a nature that users will find offensive, distasteful or otherwise unacceptable.

TX POKER specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such User Content) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content provided through a Forum.

TX POKER does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages or the views or opinions expressed by the users of the Forums. In no event does TX POKER assume any obligation to monitor the Forums or remove any specific material. But TX POKER reserves the right (as opposed to the obligation) to delete, move or edit User Content, in whole or in part for any reason or no reason at all, as determined by TX POKER in its sole discretion.

In addition, TX POKER may delete, move, edit or disclose User Content when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of TX POKER or to protect the safety of our users or the public.

You understand that uploading and/or posting User Content on any Forum shall not be subject to any obligation of confidence on the part of TX POKER, and TX POKER shall not be liable for any use or disclosure of any User Content.

Registration and Acceptance of Community Guidelines

In consideration for your use of the Forums, you agree to comply with these Terms of Service and the Community Guidelines. Users who violate these Terms of Service, the Community Guidelines, or provide inaccurate or false information may, at TX POKER’s sole discretion, be permanently banned from using any Forum or the Site.

ENTERING ANY FORUM WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF SERVICE AND YOUR COMPLIANCE WITH THE FOLLOWING GUIDELINES (THE “COMMUNITY GUIDELINES”) FOR USE OF THE FORUMS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF SERVICE OR THE COMMUNITY GUIDELINES, PLEASE DO NOT ENTER ANY FORUM.

Community Guidelines

You are entirely responsible and liable for all activities conducted by you and any authorized user of your Account in the Forums, including the transmission, posting, or other provision of User Content. Listed below are some, though not all, violations that may result in TX POKER terminating or suspending your access to a Forum. You agree not to do any of the following actions while using the Site or any Forum:

Harass, threaten, embarrass or cause distress or discomfort upon another Forum participant, user, or other individual or entity;
Transmit any User Content in any Forum that TX POKER considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
Misrepresent yourself, your age or your affiliation with any person or entity, impersonate in any Forum any person or entity, including but not limited to, a TX POKER official, chat or message board leader, guide or host, or make false or misleading statements;
Disrupt the normal flow of dialogue in a TX POKER chat room or otherwise act in a manner that negatively affects other participants;
Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Forums;
Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or any Forum;
Invade the privacy or violate any personal or proprietary right of any person or entity;
Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity;
Use the Site in any manner that could damage, impair, disable, overburden or harm the Site or circumvent the intended functionality of the Site;
Collect information identifying users of the Site by electronic or other means without authorization from the person(s) affected;
Upload, post, transmit, send, share, store, distribute or otherwise make available on the Site any private or sensitive information or content about any third party, including, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; and/or
Upload, post, transmit, send, share, store, distribute, or otherwise make available any viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or other electronic or telecommunications equipment.

By posting or uploading Content to the Site, any Forum or submitting any other User Content to TX POKER, you automatically grant (or warrant that the owner of such rights has expressly granted) TX POKER a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to reproduce, modify, adapt, publish, publicly perform, translate, sub-license, create derivative works from, exploit, distribute and otherwise use such materials or incorporate such User Content in or in connection with the Site or by or in any other media or technology now known or later developed throughout the universe in perpetuity.

In addition, you represent and warrant that any and all User Content you upload, post, transmit, send, share, store, distribute, or otherwise make available on the Site complies with each of the foregoing Community Guidelines.

User Disputes

You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Promotions

From time to time, the Site may offer high hands, bad beat jackpots, contests or other promotions. Please note that contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, may have eligibility requirements, such as terms and conditions governing that contest or promotion. It is your responsibility to read such rules to determine whether you are eligible to participate, register and/or enter. By entering any contest or other promotion, you agree to comply by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

No Resale/Exploitation

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.

Non-Texas Residents

TX POKER operates the Site in the United States from its offices within the State of Texas. Gameplay is restricted to the State of Texas. TX POKER makes no representation that the Site or Material, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the Texas.

If you access the Site from locations outside of Texas you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable. TX POKER will delete any accounts caught circumventing or spoofing the geo-fencing technology.

Termination

You understand and agree that TX POKER may, in its sole discretion and at any time, terminate your use of the Site or any Forum and discard and remove any User Content posted or submitted by you to any Forum, and/or prohibit you from accessing the Site, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. You understand and agree that TX POKER may take any one or more of these actions without prior notice to you.

Should TX POKER take any of these actions, it may, in its sole discretion, immediately delete any or all submitted User Content. You understand and agree that TX POKER shall not have any liability to you or any other person for any termination of your access to any Forum and/or the Site or deletion of User Content.

TX POKER will determine your compliance with this Agreement in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities.

No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of TX POKER. Upon termination of your membership or access to the Site, or upon demand by TX POKER, you must destroy all materials obtained from the Site and all related documentation and all copies and installations thereof. If we disable your Account, you agree that you will not create another account without our permission.

Disclaimer

TX POKER makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site. The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. TX POKER assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications.

TX POKER is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials on, through or from the Internet and/or the Site.

THE SITE, THE MATERIAL, THE FORUMS AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TX POKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TX POKER DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE MATERIAL, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, MATERIALS, FORUMS AND SOFTWARE DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.

TX POKER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TX POKER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, YOU AGREE THAT TX POKER AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, LICENSEES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED IN ANY WAY TO THE SITE, THE SOFTWARE, ANY CONTENT, OR YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ERRORS, OR OMISSIONS; FAILURE OF PERFORMANCE; ERROR; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS OR MALWARE; UNAUTHORIZED ACCESS; THEFT; DESTRUCTION; OR ALTERATION OF ANY DATA.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE TOTAL LIABILITY OF TX POKER TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICE SHALL NOT EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000) IN THE AGGREGATE.

BY ACCESSING OR USING THE SITE, YOU KNOWINGLY AND VOLUNTARILY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, OR LIABILITIES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE RELEASED MATTERS, TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW.

YOU UNDERSTAND AND AGREE THAT THIS RELEASE APPLIES TO ALL CLAIMS YOU MAY HAVE AT THE TIME YOU ENTER INTO THIS AGREEMENT, WHETHER THE FACTS UNDERLYING SUCH CLAIMS ARE NOW KNOWN OR UNKNOWN TO YOU. THIS WAIVER IS INTENDED TO BE AS BROAD AS TEXAS LAW ALLOWS AND DOES NOT WAIVE ANY RIGHTS THAT CANNOT LEGALLY BE RELEASED.

TX POKER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR SUITABILITY OF ANY INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE SITE. ANY REFERENCE TO THIRD-PARTY PRODUCTS, SERVICES, NAMES, TRADEMARKS, OR CONTENT DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT BY TX POKER. USERS ARE SOLELY RESPONSIBLE FOR SEEKING PROFESSIONAL OR EXPERT ADVICE WHEN NECESSARY.

THE INTERNET MAY BE SUBJECT TO BREACHES OF SECURITY. TX POKER DOES NOT GUARANTEE THAT THE SITE OR SOFTWARE WILL BE SECURE OR FREE FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND YOU AGREE THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, NETWORK, OR DATA RESULTING FROM SECURITY BREACHES, VIRUSES, MALWARE, TAMPERING, UNAUTHORIZED ACCESS, FRAUD, INTERRUPTION, OR ANY OTHER TECHNICAL FAILURE OR MALFUNCTION.

Indemnification

BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF USE OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS OF USE; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR TX POKER’S USE OF YOUR INFORMATION.

YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN TX POKER’S DEFENSE OF ANY CLAIM. TX POKER RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF TX POKER.

Time Limitation for Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM RELATING IN ANY WAY TO THE SITE OR THESE TERMS OF SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE RELEVANT EVENTS FIRST GIVING RISE TO THE CLAIM. IF NOT COMMENCED WITHIN SUCH ONE (1) YEAR PERIOD, YOU AND TX POKER ARE EACH PERMANENTLY BARRED FROM PURSUING THAT CLAIM.

Governing Law, Venue, and Limitations Period

These Terms of Service shall be governed and construed in accordance with the laws of the State of Texas applicable to contracts entered into and fully performed in Texas (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws). In the event of an exercise of an opt out of, or any exception to, the binding arbitration as provided above, all such Disputes or litigation shall be exclusively brought in the applicable state and federal courts of Texas. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Texas.

Entire Agreement, Breach, and Modification

These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These Terms of Service may not be amended, nor any obligation waived, without TX POKER’s written authorization.

TX POKER reserves the right to make changes to the Site at any time, without notice. We may also change, update, add or remove provisions of these Terms of Service from time to time. We will inform you of any modifications to these Terms of Service by posting the modified terms on the Site.

As soon as they are accepted by you, as described below, any changes to these Terms of Service or any additional terms posted on the Site shall apply retroactively to any use or claims that arose or were raised prior to the posting of such Terms of Service, except to the extent prohibited by applicable law. Continued use of the Site following any such changes to the Site or modifications of the Terms of Service indicates you acknowledge and agree to be bound by the modifications.

You acknowledge that any breach of this agreement would cause TX POKER irreparable injury, such that TX POKER would have no adequate remedy at law. You agree that in the event of such breach, TX POKER shall be entitled to injunctive relief in addition to any other remedies it may have at law or equity, without the requirement of posting a bond.

Any failure to enforce any provision of these Terms of Service shall not constitute a waiver thereof or of any other provision thereof.

For any questions, suggestions, or concerns related to these Terms of Service, please email us using the Contact page.