Terms as of March 1, 2020
Open League allows players to earn tokens ("Tokens") at live poker events ("BPO League Events") organized by third party leagues designated by Open League ("BPO Leagues"), and online “Step 1: Virtual Bar Evnets which can be used to play in online poker tournaments ("Online BPO Events") offered to you on the website found at www.barpokeropen.com and online.barpokeropen.com/play/ (together, the "Site"). By participating in Online BPO Events, players may be awarded additional Tokens, cash prizes, entry into live poker tournaments organized by Open League ("Live BPO Events") and other valuable non-cash prizes. The term "BPO Events" refers to BPO League Events, Online BPO Events, and Live BPO Events, collectively.
By participating in any BPO Events, you consent to the terms and conditions set forth in this Agreement, as it may be updated or modified from time to time in accordance with the provisions below.
For the purposes of this Agreement, "Software" means any and all software that Open League provides or makes available to you, regardless of the medium, and whether it is downloadable by you to your end-user device or not, and the "Service" means the Software, Online BPO Events and Live BPO Events, together.
2. GRANT OF LICENSE/INTELLECTUAL PROPERTY
- 2.1. Subject to the terms and conditions contained herein, Open League grants you a non exclusive, personal, non-transferable right to install and use the Software on your computer or mobile device, as the case may be, in order to play Online BPO Events.
- 2.2. The Software is licensed to you by Open League for your private personal use. Please note that the Service is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction, (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so, and (iv) individuals outside of the Unites States. Open League is not able to verify the legality of the Service in each jurisdiction and it is your responsibility to ensure that your use of the Service is lawful.
- 2.3. Open League reserves the right at any time to request from you evidence of age in order to ensure that minors are not using the Service.
- 2.4. Open League and its licensors are the sole holders of all rights in the Software and the Software's code, structure and organization, including copyright, trade secrets, intellectual property and other rights.
2.5. You may not, within the limits prescribed by applicable laws, do any of the following (each, an "Unauthorized Use"):
- 2.5.1. copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
- 2.5.2. sell, assign, sublicense, transfer, distribute or lease the Software;
- 2.5.3. make the Software available to any third party through a computer network or otherwise;
- 2.5.4. export the Software to any country (whether by physical or electronic means); or
- 2.5.5. use the Software in a manner prohibited by applicable laws or regulations.
- 2.6. Open League and its licensors reserve any and all rights implied or otherwise, which are not expressly granted to you hereunder and retain all rights, title and interest in and to the Software.
- 2.7. The terms "Bar Poker Open" and "BPO" and any other trademarks, service marks, signs, trade names and/or domain names used by Open League on the Site and/or the Software from time to time (the "Trademarks"), are the trademarks, service marks, signs, trade names and/or domain names of Open League and/or its licensors, and these entities reserve all rights to such Trademarks. In addition, all content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to Open League and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content and/or the Trademarks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trademarks without Open League's prior written consent.
- 2.8. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by Open League and/or its licensors in the Software, the Trademarks or the Site Content nor will you do anything that damages the image or reputation of Open League or its employees, directors, or officers.
3. DISCLAIMER OF WARRANTIES
- 3.1. The Service is provided to you "AS IS." Open League disclaims any and all warranties, express or implied. Open League provides you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
- 3.2. Regardless of our efforts to provide you with service of the highest quality, safety and security, Open League makes no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Software and the Site shall be free from viruses, bugs or other contaminants.
- 3.3. Open League reserves the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice, and Open League shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by Open League in this regard.
4. USE OF THE SOFTWARE
- 4.1. You acknowledge that your use of the Software is at your sole option, discretion and risk.
- 4.2. The telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of Open League, and Open League will have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting those networks or access services;
- 4.3. You are prohibited from using the Service in any way to create, receive or facilitate the transfer or receipt of any financial gain or other pecuniary advantage to you or any third party (whether or not acting on your behalf), other than prizes awarded for participation in BPO Events.
5. FREE PLAY ONLY
The Site does not permit members to wager real money and has no ability to accept deposits as it is a "free play" site only. Play Chips and Tokens in members' accounts have no monetary value, and cannot be exchanged for anything of value and cannot serve as a medium of exchange. Any and all references in the Site to "pots," "limits", "betting" or the like are solely for instructional or illustrative purposes and do not involve wagering real money.
6. BPO EVENTS
- 6.1. Tokens have no value in and of themselves and are not transferable and exchangeable within a user account. Further, such Tokens are not redeemable for any currency or prize, other than entry into an Online BPO Event or a Live BPO Event. Accordingly, you are prohibited from transferring or attempting to transfer your user account or Tokens associated with your user account to a third person.
- 6.2. You are prohibited from posting any unlawful, indecent, racist, obscene, libelous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via the Service whether using the chat function or the player images option or in correspondence with Open League staff.
6.3. During all BPO Events, you agree to refrain from the following behaviors:
- 6.3.1. Collusion with any other user by sharing hole cards or any other method;
- 6.3.2. Behavior that, in Open League's or a tournament director's reasonable judgment, is harassing or threatening toward other players;
- 6.3.3. Behavior that, in Open League's or a tournament director's reasonable judgment, disrupts the regular operation of any event;
- 6.3.4. Using External Player Assistance Tools and Automatic Player Software (Bots);
- 6.3.5. Destroying any property owned by any other person;
- 6.3.6. Agreeing to take any action when there is another player at your table all-in;
- 6.3.7. Telling anyone your hole cards before a hand is complete;
- 6.3.8. Needlessly stalling the action in a game;
- 6.3.9. Play or assist a player on any other account, other than your own account;
- 6.3.10. Player on more than one account in the same tournament;
- 6.3.11. Chip-dumping (intentionally losing a poker hand in order to deliberately transfer tournament chips to another user); or
- 6.3.12. Attempting to induce member to leave an event.
6.4. Prizes from BPO Events
- 6.4.1. Open League reserves the right to substitute a prize of equal or greater value if any advertised prize becomes unavailable.
- 6.4.2. Prizes are not transferable unless otherwise specified in writing from Open League and cannot be redeemed for cash unless otherwise stated.
- 6.4.3. Winners may be required to execute an affidavit of eligibility and a liability/publicity release, and return the affidavit to Open League within 14 days of date notice is sent, or prizes will be forfeited and may be awarded to an alternate winner.
- 6.4.4. If a prize notification is returned and/or is undeliverable and/or if recipient is ineligible for any reason, the prize may be forfeited and may be awarded to an alternate winner.
- 6.4.5. Users shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with a prize won from an Online BPO Event or a Live BPO Event. If required by law, as determined by Open League in its sole discretion, Open League reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.
- 6.4.6. By accepting any prize from the Site, you agree to allow us to publish, print, broadcast and use, worldwide, in any media at any time, now or hereafter created, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation and execute such releases as Open League may require for this purpose.
- 6.5. Open League has the right to cancel or alter any Online BPO Event or Live BPO Event in any manner fair to all players at the sole discretion of Open League.
- 6.6. By registering for an account, you agree that the Site may display your user name, prize winnings and tournament records.
- 6.7. You agree that the historical data of each Online BPO Event shall be as recorded on the Open League servers. In the event of a discrepancy between the poker cards displayed on your computer and the game records on the Open League server the latter shall prevail.
7.1. Without prejudice to any other rights, if you breach in whole or in part any provision contained in this Agreement, Open League reserves the right to take such action as it sees fit, including:
- 7.1.1. terminating this Agreement or any other agreement in place with you,
- 7.1.2. immediately blocking your access to the Service or to any other service offered by Open League,
- 7.1.3. terminating your account on the Site or on any other websites operated by Open League,
- 7.1.4. revoking any or all Tokens held in your account,
- 7.1.5. rescinding any prizes previously awarded for participating in an Online BPO Event or Live BPO Event,
- 7.1.6. temporarily or permanently prohibiting you from playing in future BPO Events, and/or
- 7.1.7. taking legal action against you.
- 7.2. For clarification, engaging in any of the conduct at BPO Events prohibited by Section 6.3 constitutes a breach of this Agreement and entitles Open League to any of the remedies described in Section 7.1.
- 8.1. You agree to indemnify and hold Open League (and its officers, employees, and agents) harmless, including for costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your breach of this Agreement, and (c) your violation of applicable laws or regulations.
- 8.2. Open League reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
- 8.3. You agree not to settle any matter for which you are required to indemnify us without our prior written consent.
9. LIMITATION OF LIABILITY
- 9.1. To the maximum extent permitted by law, in no event shall Open League be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this Agreement or your use of, or inability to use, the Service, even if Open League has been advised of the possibility of such damages. Access to, and use of, the Service is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
- 9.2. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) any fees that you have paid Open League for use of services or tools provided through the site and (b) fifty us dollars (u.s. $50). The existence of more than one claim will not enlarge this limit.
- 9.3. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- 10.1. You hereby release and forever discharge Open League (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service.
- 10.2. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, 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."
11. SECURITY AND YOUR ACCOUNT
- 11.1. Each user account shall be accessible through the use of a combination of a unique Online Poker Username and a secret password (together, "Login Credentials").
- 11.2. You will keep your Login Credentials secret and confidential at all times and take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be your sole responsibility and be deemed as your use.
- 11.3. You may only have one account with Open League and shall only use the Service using such single account.
12. BAR LEAUGE "PRO" MEMBERSHIP
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING
- 12.1. We charge a fee for PRO membership. PRO members receive certain membership benefits, which may vary from time to time, including, digital assets, access to an on-line magazine, discount coupons, and special offers. These are benefits that are not available to basic members and visitors to the Site. PRO members will also have access to play in PRO Tournaments and participate in related activities without having to complete mail-in registration. We reserve the right in our sole discretion to substitute, modify or terminate specific member benefits.
- 12.2. There may be many types of memberships. PRO MEMBERSHIP FEES ARE PAYABLE IN ADVANCE. PRO MEMBERSHIPS ARE NOT REFUNDABLE IN WHOLE OR IN PART FOR ANY REASON.
- 12.3. We reserve the right to change the fees or billing methods at any time. Notice of any change will be posted at least thirty (30) days in advance of the change. You are responsible for reviewing the billing requirements to obtain timely notice of such changes. Continued use by you thirty (30) days after posting of the changes constitutes acceptance of such changes. If you decide to cancel your PRO membership, which you can do at any time up to five (5) days before the next billing period without being billed for the next period, we will not refund any fees accrued to your account before you canceled.
- 12.4. Basic members receive Four "Step 1: Virtual Bar Events" Tournament Entries every 30 days and unlimited "local" bar events to earn tokens. Basic members also receive 2,000 Play Chips when they open an account. You may also purchase Play Chips through the Play Chips Purchase Program.
- 12.5. PRO members receive 60 "PRO: Step 1: Virtual Bar Events" Tournament Entries to earn tokens for a period of 30 days. PRO members also receive 10,000 Play Chips when they open an account. You may also purchase additional Play Chips through the Play Chips Purchase Program as more fully set forth below. We reserve the right to modify the amount of Tournament Points and Play Chips awarded including the Standard Tournament Points Allotment and the Standard Play Chips Allotment in our sole and absolute discretion. Tournament Points and Play Chips have no value.
12.6. You do not need to become a PRO member to participate in tournaments. All members are welcome to participate at any local bar hosting "BPO Events" free of charge hosting "Step 1: BPO Event" usually with better odds than their virtual version.
There is also an alternative means of tournament entry for each "Step 1: Virtual Bar Event" for those without a local option.
OFFLINE, NO-PURCHASE-NECESSARY, METHOD OF ENTRY: As an alternate means of entry into each PRO tournament, a member must register as a free, basic member and download and install the Software; and:
- 12.6.1. For each period that you want to participate in PRO tournaments, each member must send a 3 inch x 5 inch card on which the member has legibly handwritten their Username, First and Last Name, Complete Mailing Address (e.g. Street, City, State, ZIP code), Email Address, and Date of Birth (each, a "Mail-In Registration"). Each Mail-In Registration must be placed in a single separate envelope, and mailed to 200 Lavan St, Unit 1, Warwick, RI, 02888. Multiple Mail-In Registrations in a single envelope are not acceptable. If multiple Mail-In Registrations are sent in a single envelope only one Mail-In Registration chosen in our sole discretion, will be processed. Kentucky residents may request postage reimbursement by writing "Please reimburse postage" on the 3 inch x 5 inch card. Reimbursement will be in the form of one first-class U.S. Postal Service postage stamp. No metered mail will be accepted. No photocopies, reproductions or facsimiles of the 3 inch x 5 inch card are allowed. The usage of a service to provide the production of the 3 inch x 5 inch card will not be allowed.
- 12.6.2. For each individual Mail-In Registration, the member will be given entry into One "PRO: Step 1: Virtual Bar Event". Limit one Mail-In Registration per person, per day. You will need to submit a new Mail-In Registration in order to obtain a new entry to a "PRO: Step 1: Virtual Bar Event. We are not responsible for any lapses in registration. Active "PRO" members cannot submit requests for step 1 tickets while currently an active member.
- 12.6.3. Approved Mail-In Registrations will receive Play Chips in according to 1.4 for basic members.
- 12.6.4. We will post a listing of all upcoming tournaments in the game lobby. The game lobby is viewed by accessing the Software and clicking on the tournament game links.
- 12.6.5. We shall not be responsible for late, lost, illegible, incomplete, stolen, misdirected, mutilated or postage-due mail. We will advise you of your eligibility dates by email. The odds of winning any prize will be the same by mail in entry as by online PRO membership. The odds of qualifying through a qualifying tournament will be the same by mail in entry as by online PRO membership, and all participants entering through this means will be accorded equal opportunities to participate and win in events held on the website and will depend on the number of entrants.
13. PLAY CHIP PURCHASE PROGRAM
- 13.1. In addition to the Standard Play Chips Allotment, Members have the opportunity to purchase Play Chips through the "Play Chip Purchase Program" (the "Program").
- 13.2. Members may redeem Play Chips in exchange for virtual assets and to participate in various activities such as Sit n’ Go, Play Chip Cash games, Play Chip multi-table tournaments and other awards of any type or nature as determined by. For clarification and the removal of doubt, Play Chips cannot be used to enter "sweepstakes" tournaments.
- 13.3. Play Chips have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased or used to engage in any gambling activity. Any Play Chips obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void. Play Chips must be redeemed in accordance with this Agreement. Play Chips will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Except as determined on a case by case basis by Company in its sole discretion in connection with fraud, all Play Chip purchases are non-refundable.
- 13.4. You can view your Play Chips balance and transaction history by logging onto your account.
- 13.5. Company may modify the methods through which Play Chips can be earned and/or purchased, how Play Chips can be used, the value of Play Chips, and the conditions under which Play Chips may be forfeited, at any time, with or without notice, even though these changes may affect a Member's ability to use the Play Chips that he/she has already earned. The use of Play Chips on the Site has no predetermined termination date and may continue until such time as Company decides to terminate the use of Play Chips. Company may eliminate the use of Play Chips at any time, with notice on the Site and/or via email to the Member's email address currently on file with Company for their account.
- 13.6. Members will have up to six (6) months from the date the use of Play Chips on the Site is eliminated to use their remaining Play Chips. Any Play Chips remaining in a Member's account after such six (6) month period will be forfeited and no compensation will be provided.
- 13.7. ACCRUED PLAY CHIPS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE SITE. PLAY CHIPS ARE CREDITS THAT COMPANY MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. PLAY CHIPS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for ensuring that the information in his/her account is accurate and is kept current. If a Member believes that his/her account does not properly reflect Play Chips earned and/or purchased, the member must contact Company to resolve the issue. All questions or disputes regarding the earning, purchasing, crediting or use of Play Chips will be resolved by Company in its sole discretion.
14. "PRO" MEMBERSHIP BILLING
- 14.1. By completing the PRO membership registration, you authorize us to charge applicable membership fees to your designated credit card or debit the applicable recurring Club PRO membership fees from your designated checking or savings account. Monthly PRO members are billed on a calendar-month cycle, which begins upon PRO membership registration and ends one calendar month thereafter. The date you are billed is the same date each month. That date is determined by the date the account is first billed. If that day of the month does not exist in a subsequent month, then the payment will be made on the first day of the following month and will stay permanently on that day. (For example, if a player started his subscription on January 31, then his next payment date would be March 1 and then April 1, etc.)
- 14.2. If you are on a re-occurring membership, and you do not cancel before the end of the period, we will automatically renew your Club membership payment plan at the end of the period and you will be billed according to the plan you are currently on.
- 14.3. You are responsible for reviewing the terms and conditions section to obtain timely notice of such changes. Continued use of the Site and/or Software thirty (30) days after the posting of any changes means that you accept such changes. If you decide that any change is unacceptable, you may cancel your PRO membership. To cancel your PRO membership log in to the game client and go to the My Account area for cancellation instructions. You can cancel your PRO membership at any time.
- 14.4. Billing Plans: Monthly: $29.95. Billed each month.
15. "PRO" MEMBER ELIGIBILITY AND PRIZE CLAIMS
- 15.1. Subject To State and Local Laws.
- 15.2. You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the Software and/or the Site. Access to the Software and/or the Site may not be legal for some Jurisdictions or for all residents of, or persons present in, certain Jurisdictions. We have installed filtering systems designed to limit access from known ineligible Jurisdictions. It is your responsibility to comply with law in your jurisdictions. We do not make any representation or warranty, express or implied, as to the lawfulness of your participation in the tournament sweepstakes, or that materials on the Site are appropriate for your use. The information contained herein does not constitute an offer, solicitation or invitation by us for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. We further reserve the right to require you to provide proof that you are eligible to participate and win prizes in the Club tournament sweepstakes prior to payment of any winnings or prizes. We also reserve the right, in our sole and absolute discretion, to refuse service and access to any potential participant.
15.3. For persons within the United States, to open an account and/or participate in any tournament offered on the Site, you must:
- 15.3.1. be a natural person, at least 21 years old, who is assigned to the e-mail address submitted on your account registration form;
- 15.3.2. be a U.S. citizen or resident alien with a U.S. address;
- 15.3.3. be physically located within the U.S.; and
- 15.3.4. be physically located in a U.S. state in which participation in the tournaments offered on the Site is unrestricted by law.
- 15.4. For persons NOT within the United States, to open an account and/or participate in any tournament offered on the Site, you must: be a natural person, at least 21 years old, who is assigned to the e-mail address submitted on your account registration form. If you are a U.S. resident, make sure you are not from one of the restricted states. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- 15.5. The rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state. See list of ineligible states.
- 15.6. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in any tournament offered on the Site while located in a prohibited Jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Service, and will be subject to having your account suspended or terminated, and you will NOT BE ELIGIBLE to claim any prizes won and your membership fees may be refunded. However, if we determine that you made a deliberate effort to avoid these rules, then, in our sole and absolute discretion we may refuse to refund your membership fee.
- 15.7. Mail-in entry for tournaments is not available to residents of states in which PRO services are not available.
- 15.8. The following persons are also ineligible to receive any prize offered on the Site: employees, officers, and directors of the Site, its parent companies, subsidiaries, and affiliated companies; and any other person with access to non-public information regarding the operation of any tournament offered on the Site.
- 15.9. Parental Control. Parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to those under eighteen (21) years of age, or the legal age to participate in the tournament sweepstakes in the applicable Jurisdiction, whichever is higher.
- 15.10. Our employees, officers, directors, and their immediate family members are not eligible to participate in any of the tournaments which award cash, merchandise, and/or Tournament Points. For purposes of the foregoing "immediate family" means parents, grandparents, spouses, children, siblings or any members of the same households of such employees, officers, and directors.
- 15.11. Only eligible members may claim prizes.
- 16.1. Open League reserves the right to update or modify this Agreement or any part thereof at any time without notice.
- 16.2. Your continued use of the Service following any amendment to this Agreement constitutes your agreement to that amendment, so Open League encourages you to review this Agreement before each time you utilize the Service.
- 16.3. Amendments to this Agreement made after your last use of the Service will not apply to you.
17. GOVERNING LAW AND JURISDICTION
- 17.1. All matters relating to the Service and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Rhode Island without giving effect to any choice or conflict of law provision or rule (whether of the State of Rhode Island or any other jurisdiction).
- 17.2. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Applications shall be instituted exclusively in the federal courts of the United States or the courts of the State of Rhode Island, in each case located in the City of Providence and County of Providence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- 18.1. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
- 18.2. Open League reserves the right to assign this agreement, in whole or in part, at any time without notice. You may not assign any of your rights or obligations under this Agreement.
- 18.3. No waiver by Open League of any breach of any provision of this Agreement (including the failure of Open League to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
- 18.4. Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement other.
- 18.5. This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.