Terms and Conditions of Use for Blackjack Advantage Online
Welcome to Blackjack Advantage Online (the “Website”). The following terms and conditions (the “Terms”) govern your access to and use of the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not access or use the Website.
- Website Purpose and Disclaimer:
Blackjack Advantage Online is not a gambling or betting website. It is an online resource that provides users with a blackjack calculator to assist with basic strategy and odds calculations. The information provided on the Website is for educational and entertainment purposes only. The use of any information or tools on the Website does not guarantee any specific outcomes or results. The Website does not promote or endorse gambling, and any use of the Website’s tools for actual gambling purposes is strictly prohibited. - User Responsibilities:
(a) Eligibility: You must be at least 18 years old to access and use the Website.
(b) Accurate Information: You agree to provide accurate and complete information when using the Website, including any personal or contact information requested.
(c) Prohibited Use: You agree not to use the Website for any unlawful or unauthorized purposes. You will not use the Website to engage in any form of gambling, betting, or any other activity that violates applicable laws or regulations.
(d) Compliance with Laws: You are responsible for complying with all applicable laws and regulations regarding your use of the Website. - Intellectual Property:
(a) Ownership: The Website and all its content, including but not limited to text, graphics, images, logos, software, and other materials, are the property of Blackjack Advantage Online and are protected by intellectual property laws.
(b) Limited License: Blackjack Advantage Online grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works, or exploit any content on the Website without prior written consent from Blackjack Advantage Online. - Privacy Policy:
By using the Website, you acknowledge and agree to the collection, use, and disclosure of your personal information as described in the Privacy Policy of Blackjack Advantage Online. The Privacy Policy is incorporated into these Terms by reference. - Limitation of Liability:
(a) No Warranty: The Website is provided on an “as-is” and “as available” basis without any warranties or representations, express or implied. Blackjack Advantage Online does not warrant that the Website will be uninterrupted, error-free, or free from viruses or other harmful components.
(b) Disclaimer: In no event shall Blackjack Advantage Online be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or relating to your use or inability to use the Website, even if advised of the possibility of such damages. - Discontinuation of Service: Blackjack Advantage Online reserves the right, at any time and at its sole discretion, to discontinue the provision of its services, including but not limited to the operation of the Website, without prior notice or liability. You acknowledge and agree that Blackjack Advantage Online shall not be liable to you or any third party for any modification, suspension, or termination of the services offered on the Website.
Please note that the above clause is intended to highlight your right to discontinue the service without notice, and it is important to review and ensure compliance with any applicable laws or regulations regarding termination of services. - Indemnification:
You agree to indemnify, defend, and hold harmless Blackjack Advantage Online, its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or relating to your use of the Website or any violation of these Terms. - DISPUTE RESOLUTION
- Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting customer service at [email protected]. If, however, there is an issue that needs to be resolved, you agree that the following provisions will apply:
- Jury Trial Waiver. YOU AND BLACKJACK ADVANTAGE ONLINE EACH VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SERVICES.
- Class Action Waiver. YOU AND BLACKJACK ADVANTAGE ONLINE EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All litigations under this Agreement must be conducted on an individual (and not a class-wide) basis. You acknowledge and agree that this Agreement specifically prohibits you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member, or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person.
- Waiver of Jury Trial. EACH PARTY HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS TRANSACTION, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS (INCLUDING FRAUD IN THE INDUCEMENT AND NEGLIGENCE), BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. EACH PARTY HERETO HEREBY FURTHER WARRANTS AND REPRESENTS THAT SUCH PARTY HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL AND THAT SUCH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL.
- Governing Law, Arbitration. This Agreement will be governed and construed in accordance with the laws of the State of California. Except as otherwise provided in this Agreement, Blackjack Advantage Online and you consent and submit to the exclusive jurisdiction and venue of the State of California, County of Los Angeles, for the adjudication of any dispute between Blackjack Advantage Online and you that arises out of or relates to this Agreement. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall be appointed in accordance with the Rules and shall have the authority to grant motions dispositive of all or part of any claim. Notwithstanding anything herein to the contrary, the parties shall not engage in discovery as provided by any federal or state enacted rules of evidence, but shall only informally exchange such information as is required by the arbitrator to resolve the dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to a party pursuant to applicable law, the AAA Rules, and the terms and conditions of this Agreement. The arbitrator may not award punitive or special damages of any kind. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties. Each party shall bear all of its own costs incurred in litigating a matter in an arbitration proceeding under this Agreement.
- Modifications and Termination:
Blackjack Advantage Online reserves the right to modify, suspend, or terminate the Website or any part thereof at any time without notice. Blackjack Advantage Online may also modify these Terms at its discretion. Your continued use of the Website after any modifications to these Terms will constitute your acceptance of such changes. - Governing Law and Jurisdiction:
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Blackjack Advantage Online operates. Any disputes arising out of or relating to these Terms or the use of the Website shall be subject to the exclusive jurisdiction of the competent
