Quote:
Originally Posted by Kidsinister
Can someone who isn't tired/stoned pick this apart and tell me whether it or not I should expect a refund? It's item #35 on the RPMpoker.com website's TOS
NO WARRANTIES AND LIMITED LIABILITY.
YOUR ACCESS TO RPMPoker.com, DOWNLOAD OF THE SOFTWARE AND PARTICIPATION IN THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE COMPANY SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS NOR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAME BY METHODS, MEANS OR WAYS NOT INTENDED BY THE COMPANY. RPMPoker.com, THE GAMES AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THE FUNCTIONS CONTAINED IN RPMPoker.com, THE GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, NOR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF RPMPoker.com, THE GAMES AND THE SOFTWARE LIES WITH YOU. THE COMPANY'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF RPMPoker.com, THE GAMES OR THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO ACCESS RPMPoker.com. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF RPMPoker.com, THE GAMES, OR THE SOFTWARE, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT, SHALL THE COMPANY BE LIABLE FOR ANY MALFUNCTIONS OF THE SOFTWARE, BUGS OR VIRUSES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE. FURTHER, THE COMPANY IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS.
Sorry for all caps, it's posted that way.
Most of this sounds like a defense against people suing them claiming their software is rigged, or suing for extra money because they had pocket aces and the game crashed (regardless of the reason).
I would say based on this line "THE COMPANY'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF RPMPoker.com, THE GAMES OR THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO ACCESS RPMPoker.com" I would assume that anyone in a tourney at the time will be refunded their money.
As for cash games, it seems a little trickier, because they say the amount you paid to access the game, so depending on their definition of what exactly acceding the game is, the could only pay you up to what you bought in for, but I assume, they are just going to refund how ever much money you had in the hand prior to the crash, and not count any hands that were in play at the time.