YOUR ACCESS AND USE OF THIS WEB SITE IS SUBJECT TO THE FOLLOWING TERMS OF USE AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THIS WEB SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE ANY PORTION OF THIS SITE. This is the web site of VIDA LLC’s AGP Tour. Our main office is located at:

407 E105th ST
Kansas City, MO 64131

1. Definitions: “AGPTOUR.COM” is the interactive online service operated by VIDA LLC. (”Association of Gaming Professionals” or “AGP Tour”) on the World Wide Web of the Internet, consisting of information services and content provided by VIDA LLC, affiliated companies and third parties.

2. General: (A) This VIDA LLC Terms of Use Agreement (the “Agreement”), sets forth the terms and conditions that apply to your use of AGPTOUR.COM. Without limitation, by using AGPTOUR.COM, you agree to comply with all of the terms and conditions hereof. The right to use AGPTOUR.COM is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password(s), if any, and shall be fully responsible for the use of AGPTOUR.COM by any other person you permit to access AGPTOUR.COM. (B) VIDA shall have the right at any time to change or discontinue any aspect or feature of AGPTOUR.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms: VIDA shall have the right at any time to change or modify the terms and conditions applicable to your use of AGPTOUR.COM, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on AGPTOUR.COM, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of AGPTOUR.COM by you after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions.

4. Equipment: You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of AGPTOUR.COM and all charges related thereto.

5. Your Conduct: (A) You shall use AGPTOUR.COM for non-commercial, lawful purposes only and shall not post or transmit through AGPTOUR.COM any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without VIDA’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that, in VIDA’s discretion, restricts or inhibits any other user from using or enjoying AGPTOUR.COM will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to: (1) distribution of unsolicited chain letters, (2) propagation of computer worms, viruses and other such malicious code, (3) using (directly or indirectly) AGPTOUR.COM or its computer network to make unauthorized entry to any other machine accessible via AGPTOUR.COM or its computer network, and (4) use of AGPTOUR.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of AGPTOUR.COM to become users of other on-line services. Without limiting any other rights or remedies of VIDA, violations of the foregoing may result in removal of violative communications and/or early termination of your access to AGPTOUR.COM.

(B) You understand that access to this Site may result in access to other user’s names, screen names, email addresses, or other user information (collectively, “User Information”), and you acknowledge and agree that such User Information and any VIDA services and/or any software used in connection with VIDA services (”Software”) constitute proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further agree not to disclose or otherwise use any proprietary or confidential information appearing on the Site without the prior written consent of VIDA, whether such information is labeled “confidential” or “proprietary” or could reasonably be regarded as confidential or proprietary.

(C) AGPTOUR.COM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of AGPTOUR.COM are copyrighted as a collective work under the United States copyright laws. VIDA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material on the Site will be permitted without the express permission of VIDA and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by accessing or otherwise using copyrighted material.

(D) You shall not upload, post, submit or otherwise make available on AGPTOUR.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of AGPTOUR.COM, or otherwise submitting materials to VIDA, you automatically grant, or warrant that the owner of such material has expressly granted VIDA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit, creative derivative works from, distribute, and sub-license such material (in whole or in part, through multiple tiers and/or via syndication) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for their personal use. Please note that VIDA does not want to receive confidential information from any user and any information received will be deemed NOT to be confidential. It is understood that by appearing and participating in any AGP Tour event, you grant VIDA and anyone authorized by VIDA the right to film, photograph and record your name, nickname, pseudonym, persona, picture, biographical material, voice and/or likeness and to use the same in any manner or media whatsoever, by any and all means, media, devices, processes and technology now or hereafter known or devised anywhere in the universe at anytime in perpetuity, for any lawful purpose whatsoever, including advertising, publicity or trade.

(E) The foregoing provisions of Section 5 are for the benefit of VIDA, VIDA affiliated companies and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. General Terms of Purchase: The purchase terms in the following paragraph relate to items available for purchase on AGPTOUR.COM:

A) The physical goods sold through AGPTOUR.COM are shipped from various states and, therefore, tax may be charged and collected on all taxable shipments. For all shipments outside of the United States, the customer is responsible for all taxes, customs, and/or import duties. All items purchased from VIDA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Listed prices may be changed by VIDA at any time without notice to you. The price listed on AGPTOUR.COM does not guarantee that purchase price until payment is made. If an incorrect price is listed due to typographical or other error, VIDA has the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is refused or canceled by VIDA, VIDA will promptly issue a credit to your credit card account in the amount of the charge.

(B) All purchases in the AGPTOUR.COM store requires payment by credit card and is subject to approval of your credit card and confirmation of other information that you submit or that we otherwise may secure to verify your identity.

7. Disclaimer of Warranty; Limitation of Liability: (A) USE OF AGPTOUR.COM IS AT YOUR SOLE RISK. NEITHER VIDA, VIDA AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS WARRANT THAT AGPTOUR.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF AGPTOUR.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH AGPTOUR.COM. (B) AGPTOUR.COM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. (C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VIDA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. (D) IN NO EVENT WILL VIDA, THE VIDA PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING AGPTOUR.COM OR THE AGPTOUR.COM SOFTWARE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE AGPTOUR.COM. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON AGPTOUR.COM. (E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, VIDA, NOR THE VIDA PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN AGPTOUR.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE VIDA PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE VIDA PARTIES TO YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE AGPTOUR.COM SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (i) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF AGPTOUR.COM AND RETAINED BY VIDA OR (ii) ONE HUNDRED DOLLARS ($100). (F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, VIDA’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. Arbitration: Any controversy, claim or dispute arising out of or relating to this Agreement, its breach or claimed breach shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Rules including Emergency Interim Relief Procedure in Kansas City, Missouri, except that, to the extent you have in any manner violated or threatened to violate VIDA’s intellectual property or confidentiality rights, VIDA may seek injunctive, monetary or other appropriate relief in any state or federal court in the state of Misouri (and VIDA may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The arbitrator is authorized to grant VIDA its reasonable fees and costs (including reasonable attorney’s fees) incurred by VIDA in any action to enforce these Terms of Use.

9. Monitoring: VIDA shall have the right, but not the obligation, to monitor the content of AGPTOUR.COM, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by VIDA and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, VIDA shall have the right to remove any material that VIDA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

10. Indemnification: You agree to defend, indemnify and hold harmless VIDA, VIDA affiliated companies and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, resulting from (i) any breach of this Agreement or your negligent and wrongful conduct; (ii) your use and access of the Site, including the posting of any content on this Site by you; and (iii) a violation by you of any applicable law.

11. Termination: You may unsubscribe at any time by sending an unsubscribe request to us at remove@agptour.com and we will process your request within a reasonable time after receipt. Without limiting the foregoing, VIDA shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which VIDA, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5, 6, 7, 8, 10, 12, 14, 15, 16 and this Section 11 shall survive termination of this Agreement.

12. Intellectual Property: AGP, AGP Tour, Association of Gaming Professionals, the AGP Tour logo are the exclusive property of VIDA, LLC. All rights reserved. All other trademarks appearing on AGPTOUR.COM are the property of VIDA, LLC., affiliates of VIDA, or their respective owners.

13. Third Party Content: VIDA is a distributor (and not a publisher) of content supplied by third parties and users of the Site. Accordingly, VIDA has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of AGPTOUR.COM, are those of the respective author(s) or distributor(s) and not of VIDA. Neither VIDA nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 7 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through AGPTOUR.COM represents the opinions and judgments of the respective information provider or users not under contract with VIDA. VIDA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on AGPTOUR.COM. Under no circumstances will VIDA be liable for any loss or damage caused by your reliance on information obtained through AGPTOUR.COM. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through AGPTOUR.COM.

14. Miscellaneous: This Agreement (which hereby incorporates by reference any other provisions applicable to use of AGPTOUR.COM, including, but not limited to, any supplemental terms governing the use of certain specific material contained in AGPTOUR.COM and any operating rules for AGPTOUR.COM established by VIDA) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. This Agreement shall be construed in accordance with the laws of the State of Missouri, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

15. Privacy Policy: VIDA knows that the privacy of your personal information is important to you. Therefore, VIDA has established a Privacy Policy governing the use of this information, which is located at http://www.agptour.com/agptour/privacy-policy/ and is part of this Agreement.

16. DMCA Notice: VIDA owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via AGPTOUR.COM by third parties not within the control of VIDA. It is our policy not to permit materials known by us to be infringing to remain on this Site and to terminate relationships regarding content with third parties repeatedly infringing the copyrights of others.

You should notify us promptly if you believe any materials on the Site infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (”DMCA”), VIDA will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue, including, where applicable, removing, or disabling access to material claimed to be infringing or by removing or disabling access to links to such material. Pursuant to the DMCA 17 U.S.C. 512 (c), VIDA has designated the President of VIDA, LLC as its agent for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on the AGPTOUR.COM Web site.