Pechanga Resort Casino
Website and MyPechanga Mobile App
Terms & Conditions of Use

Effective Date: February 1, 2026

These Terms and Conditions, the “Agreement”, governs your (“you” or “your”) use of the myPechanga™ mobile app (the “Services”), www.pechanga.com website (“Site”), and use gaming, dining, golf, hotel, reservation, purchasing, entertainment and amenities services (all of the foregoing, collectively, “Services”) provided by Pechanga Resort Casino, a wholly-owned instrumentality of the Pechanga Band of Luiseño Indians (“Company”, “we”, “us” or “our”) designed to operate on your smartphone, tablet or other mobile computing device ( “Mobile Device”). You should also read our Privacy Policy, available on our website at www.pechanga.com/privacy and which is incorporated by reference into this Agreement, and which may be updated from time to time.

BY CLICKING THE "AGREE" BUTTON, OR DOWNLOADING AND INSTALLING, OR USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND YOU UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 21 YEARS OF AGE OR OLDER, OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION, YOU SHOULD DELETE IT FROM YOUR MOBILE DEVICE. IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION (SECTION 30) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, CONTAINS A CLASS ACTION WAIVER (SECTION 32) AND ALSO CONTAINS A STIPULATION LIMITING THE STATUTE OF LIMITATIONS ON DISPUTES RELATED TO THIS AGREEMENT (SECTION 51). For users of Apple-manufactured devices, the additional terms in Section 49 shall apply.

Your use of the Services constitutes your acceptance of the terms of this Agreement, which may be amended from time to time by Company. In the event of a revision to this Agreement, when you open the Mobile App you will be prompted by a notice containing a link to the new version and you will be required to acknowledge and agree to the new version. The most recent version of this Agreement shall supersede any and all other versions of this Agreement.

Changes to the Terms

We regularly update and improve the Services, and may at times remove features in order to improve your ability to use the Services. Because we are periodically trying to improve our Services, these Terms may also need to change. We reserve the right to change the Terms at any time. Modifications to these Terms will be posted on the Site and will be effective immediately upon posting. You can review the most current version of the Terms at any time by clicking on the “Terms & Conditions of Service” link located on webpages throughout the Site. You agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use the Site or Mobile App following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE, MOBILE APP, AND THE SERVICES

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Privacy
1. Personal Information. We will maintain and use your “Personal Information” as defined in, and according to our Privacy Policy, available on our website at www.pechanga.com/privacy, and which may be modified from time to time in our discretion, which modifications are effective as of the date posted on our Site. Your continued access or use of the Site or use of our Services indicates that you agree with such modifications.
2. Information Collection. You acknowledge that when you download, install or use the Services, Company may use automatic means (including, but not limited to, cookies and web beacons) to collect information about your Mobile Device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Services or certain of its features or functionality, and the Services may provide you with opportunities to share information about yourself with others. By downloading, installing, using and providing information to or through this Services, you consent to all actions taken by Company with respect to your information in compliance with the Privacy Policy.
3. Cooperation with Law Enforcement and Government Agencies. You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site or the Services, but we have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.
4. Required Disclosures. You understand and agree that we may disclose your Personal Information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce these Terms (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Site; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others.
License

Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and nontransferable license to: (A) download, install and use the Services for your personal, non-commercial use on a single Mobile Device owned or otherwise controlled by you, and (B) access, stream, download and use on such Mobile Device the Services made available in or otherwise accessible through the Services, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services.
Services

The Services may provide you with access to room reservations, view your Rewards level, view your account balance, view upcoming offers, view or cancel upcoming reservations, purchase products, and other services (collectively, "Services"). Your access to and use of such Services are governed by Company’s Privacy Policy.
Eligibility

No part of the Services is directed to persons under the age of 21. You must be at least 21 years of age to access and use the Services. Please note that we do not knowingly collect or solicit Personal Information from children under 21. If you under 21, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn we have collected Personal Information from a child under 21, we will delete that information as quickly as possible. If you believe that someone under 21 may have provided us Personal Information, please contact us. Any use of the Services is void where prohibited. By accessing and using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Geographic Restrictions

The Services are provided for access and use only by persons located in the United States. Using the Services may be prohibited or restricted in certain countries. You acknowledge that you may not be able to access all or some of the Services features and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
Allowable Uses of the Services

Any use of the Services in any manner not allowed under this Agreement or, for users of Apple-manufactured devices (e.g., iPhone, iPad, etc.) the Apple Licensed Services End User License Agreement (see Section 49 below), including, without limitation, resale, transfer, modification, reverse engineering, or distribution of the Services is prohibited. This Agreement does not entitle you to receive and does not obligate Company to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Services.
Your Acceptable Use

Use of the Services and any of your information or content collected, transmitted or stored in connection with the Services is limited to the functionality of the Services. In no event may the Services be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of others; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access Company’s proprietary information that is not authorized by Company; (d) uses or launches any automated system to access Company’s website or computer systems; (e) attempts to introduce viruses, Trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer Services, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Company’s computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; (h) “stalks” or otherwise harasses any person; (i) uses any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (j) asks users or uses users to conceal the identity, source, or destination of any illegally gained money or products; (k) collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services; (l) forges headers or otherwise manipulates identifiers in order to disguise the origin of any information transmitted to or through the Services (either directly or indirectly through use of third party Services); (m) “frames” or “mirrors” any part of the Services, without the Company's prior written authorization; (n) uses meta tags or code or other devices containing any reference to Company or the Services (or any trademark, trade name, service mark, logo or slogan of Company) to direct any person to any other website for any purpose; or, (o) otherwise violates this Agreement. Company reserves the right, in its sole discretion, to terminate this Agreement, request that you remove the Services from your Mobile Device for any reason, including, but not limited to, Company’s reasonable conclusion that you have violated this Agreement. Company may terminate or suspend your account at any time without notice if Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
Restrictions on Use of the Site and Mobile App
1. You may use the Site and Mobile App only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
  - In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  - For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  - To send, knowingly receive, upload, download, use or re-use any material which does not comply with the User Content guidelines set out in these Terms or in our Site.
  - To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  - To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  - To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Mobile App, or which, as determined by us, may harm us or users of the Site or Mobile App or expose them to liability.
2. Additionally, you agree not to:
  - Use the Site or Mobile App in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site or Mobile App, including their ability to engage in real time activities through the Site or Mobile App.
  - Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  - Use any device, software or routine that interferes with the proper working of the Site or Mobile App.
  - Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  - Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  - Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  - Otherwise attempt to interfere with the proper working of the Site.

No Commercial Use by Users

The Services is for personal use only. Users may not use the Services or any content contained in the Services (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, Services, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by us or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Organizations, companies, and/or businesses may not use the Services for any purpose. Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Services.
Term; Termination
1. Term. These Terms shall commence upon your use of the Site or the Service, or upon installation of the Mobile App, and shall continue until terminated.
2. Termination. We reserve the right to deactivate any accounts which have not been active for at least six (6) months. We reserve the right to delete data in deactivated accounts. We reserve the right to stop providing the Site or the Service to you or access to the Site at any time for any reason and without prior notice. We reserve the right, in our sole discretion, to close your account, without prior notice, for any one or all of the following: (i) if you breach, whether intentional or unintentional, any of these Terms, any supplemental rules and guidelines, any of the terms and conditions of the respective service providers, or any of our rights; (ii) if we receive notice that you will be or are subject to insolvency proceedings; (iii) upon our receipt of any third party chargeback associated with any payment method tendered as payment on your account; (iv) if we do not receive a written response from you within 48 hours of any notice sent to you by our abuse department; (v) if, in our judgment, your use of the Site, Mobile App, or the Service has the potential to pose any harm to us, any of our affiliates, partners, service providers or customers; (vi) if your account becomes past due and is not paid within twenty days of becoming past due; (vii) if a hacked script or otherwise compromised website is discovered on our systems at the Service in use by you; (viii) if an unusual spike in resource usage is detected by our systems resulting in an account far outstripping the allotted resources; (ix) if you fail to cure any suspension of your account or any individual Service, to our satisfaction, and within the time frame we specify; or (x) if, in our judgment, we have received too many complaints about your User Content (where submission of User Content is permitted). In the event of any such closure of your account, you will not be eligible for a refund of any fees and you may be prohibited from reopening your account, opening a new account or accessing any existing account. You agree that we shall not be liable, in any way, for any closure pursuant to this section of the Terms. Upon any closure of your account: (i) these Terms and all rights granted under these Terms shall cease immediately (except those expressly surviving or which by their nature would survive); (ii) all access to the Service and your account will cease immediately; (iii) you will be billed for, and we may automatically attempt to collect from your payment method, any outstanding amount owed; and (iv) all of your data and User Content will (at our option) be deleted from our servers and backup systems and we may not have or keep backup of the data and User Content. We recommend that you run very regular backups. As well, we also recommend that you ensure you have retrieved all data and User Content and made all necessary backups before submitting any request to close your account or any of the Service. You agree to hold us harmless from and against any and all claims, losses or damages arising from any closure of your account. Any and all sections in these Terms which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after account closure. You are not permitted to access your account or any of the Service formerly associated with your account following any closure.

User Content
1. The Site may, now or in the future, permit the submission of text, files, images, photos, videos, sounds, musical works, works of authorship or other materials and content by you (including any information regarding the good, item or object a user is seeking) (“User Content”). We do not endorse or approve any User Content that you or other users contribute or post. We respect the intellectual property rights of others. You must have the legal right to upload any User Content to the Service. You are solely responsible for any content that you create, transmit, or display while using the Site.
2. You agree to not upload or post any User Content to the Site that infringes or may infringe the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy or right of publicity. You may upload only User Content that you are permitted to upload by the owner or by law.
3. All User Content you post or submit for posting to the Site is deemed nonconfidential.
4. You agree to not engage, or permit others to have access to your login credentials to engage, in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information or content.
5. Content License from You. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. You retain copyright and any other rights you already hold in User Content which you submit, post or display on or through, the Site. When you post or submit for posting User Content to the Site, you expressly grant to us and to our affiliates, agents, representatives, licensors or other third party partners, and our successors and assigns, a nonexclusive, worldwide, perpetual, irrevocable, sub-licensable license and right to use, without restriction, including, but not limited to the right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display or perform the User Content and to provide such User Content to any other user of the Service, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party (collectively, the “License”). You grant us all licenses, consents and clearances to enable the use such User Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such User Content. You agree that this License includes a right for us to make such User Content available to other companies, organizations or individuals with whom we have relationships for the provision of syndicated services, and to use such User Content in connection with the provision of those services. You understand that we, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that the License shall permit us to take these actions.
6. User Content Posting Guidelines. You agree to abide by our User Content Posting Guidelines (located at the end of these Terms), and which is incorporated herein.
7. Removal of User Content. We reserve the right (but has no obligation) to remove, block, edit, move or disable User Content that is objectionable to us for any reason. The decision to remove User Content at any time is in our sole and final discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for User Content or for any failure to or delay in removing User Content. You are solely responsible for your User Content and may be held liable for User Content that you post.

DMCA Notice

If you believe that any content on the Site violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512 “DMCA”). In the case of an alleged infringement, please provide the following information:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site (including the exact URL);
3. An address, a telephone number, and an e-mail address where we can contact you;
4. A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and
6. Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
7. We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the designated agent listed below.
  - Pechanga Resort Casino
    45000 Pechanga Parkway
    Temecula, California 92592
    Attn: Marketing
    feedback@pechanga.com
8. We have the right to terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Site more than twice.

Billing; Payment
1. Product Purchases.
  - Fees for our products and Services are described in the applicable Site page. We may change our fees at any time, which will be effective when posted.
  - (1) Unless different payment terms are specified in a Site, all fees are due in full upon purchase of the applicable Service or product; (2) You agree to pay interest on any delinquent amount at the rate of the maximum rate allowed by law. We will automatically charge the credit/debit card on file for your Account (the “payment method”) for any and all monies owing on your Account (including interest), for as long as your account is open, regardless of whether or not you are using the purchased Services. You agree to pay attorneys’ fees and court costs if any amounts due to us are collected by or through an attorney or collections service.
2. Credit Card Processing. We use a third party payment processing service for processing credit card payments. Your use of any of these provider’s services is subject to your agreement to and continued compliance with their terms and conditions.

Suspension of Service
1. Suspension. We may suspend your Member account and access to the Service, with or without notice, if you violate any provision of these Terms.
2. The Effects of Account Suspension. Upon any suspension of your account, all Service associated with your account will be suspended or otherwise made inaccessible until and unless all issues are addressed and resolved by you, to our satisfaction, and within the time frame we specify. During any suspension of your account or any individual Service, you will not be permitted to: (i) add, upgrade, downgrade or modify any of the Service; (ii) request an emergency restoration; (iii) transfer any Service; (iv) access any of the websites, email accounts or Content associated with the suspended Service or account. You agree to hold us harmless from and against any and all claims, losses or damages arising from any suspension of your account or the individual Service.

Account; Security
1. Users. You may use the Services ware if you have a Rewards account or even if you do not have an account. If you do not have an account, you will not be able to use certain of the Services or have access to all areas of the Services. You can become a Rewards Member by applying at www.pechanga.com/join/apply. Rewards Members will have their account profile linked to the Services at initial login.
2. Account Access. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process (and as you update thereafter), and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify us of any disclosure or unauthorized use of your username or password or any other breach of security and ensure that you log out from your account at the end of each session. Company is not responsible for any misuse of your account or information if you have (voluntarily or involuntarily) given someone access to it.
3. Social Networking Sites (“SNS”). The Services may allow users to connect with various SNSs. By connecting your SNS account, you represent that you are entitled to grant us access to your SNS account without breach by you of any SNS terms and conditions and without obligating us to pay any fees or making us subject to any usage limitations. By granting Company access to your SNS account, you understand that we may access, make available, and store any information, content, or other materials that you have provided to or stored in your SNS account (“SNS Content”) accessible through the Website and Services so that it is available on your Account. Unless otherwise specified in the Terms, all SNS Content will be deemed your User Content (as defined below) for all purposes of the Terms. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY AN SNS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN THE SNS. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Company is not responsible for any SNS Content.

Updates
1. Company may from time to time in its sole discretion develop and provide Software updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (i) the Services will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates.
2. You agree to promptly download and install all Updates and you acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement upon installation.

Intellectual Property; Reservation of Rights

You acknowledge and agree that the Services is provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. You agree that use of the Site, Mobile App, and the Services does not constitute any basis for ownership of the Site, Mobile App, or the Service and that we, our affiliates or our licensors own all legal right, title, and interest in and to the Site and the Services and all information, materials, images, software, photographs, articles, functions, text, and other content solely provided by or on our behalf on the Services (specifically excluding any User Content that is, as between you and us, your property but licensed to us). The Site, Services, and Mobile App, and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Services, including all copyrights, trademarks, other intellectual property rights and all other rights therein or relating thereto, except as expressly granted to you in this Agreement. All rights not specifically granted herein in to the Site, Services, and Mobile App are reserved by us. Unless otherwise noted, our name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Site or the Mobile App are our property, or that of our affiliates or licensors. All third party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the Site, or Mobile App shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the Site, Services, or Mobile App will terminate the permission or license granted herein and may violate applicable law.

You and Company acknowledge that, in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Company, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the Services be found to infringe any intellectual property rights of a third party, your sole remedy shall be either to cease using the Services or to use a non-infringing version of the Services should Company choose to provide you with such a non-infringing version.

Any improvements or modifications you suggest to our Site, Mobile App, or Service we shall own, and you agree to and do hereby assign to us all your right, title and interest in and to any modifications and improvements automatically upon creation and without the need for further action, consideration, or notice to affect such assignment.
Limitation of Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) YOU AGREE IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO (1) USE OF THE SERVICES, CONTENT OR SERVICES OR (2) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES OR US$100.00, AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICES OR ANY WEBSITE THAT THE SERVICES MAY DIRECT YOU TO (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR CONTRACTORS’ SERVERS), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA, FAILURE OR MALFUNCTION OF YOUR MOBILE DEVICE, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOW OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE SERVICE, THE USE OF THE SITE, MOBILE APP, OR THE SERVICE, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE OR THE SERVICE, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, ATTORNEYS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE SITE, SERVICE, MOBILE APP, OR ANY USER CONTENT IS TO STOP USING THE SITE, THE SERVICES, AND THE MOBILE APP, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, ATTORNEYS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON OR COMPANY REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SITE. IN NO CASE SHALL THE LIABILITY OF US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, ATTORNEYS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US FOR THE SERVICE OR ONE HUNDRED DOLLARS (US$100).

BECAUSE SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, ATTORNEYS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: 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.
Warranty Disclaimer
1. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMPANY DOES NOT MAKE AND COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SERVICES, DOCUMENTATION, UPGRADES, OR UPDATES (AND ANY COPIES OF THE SAME), SUPPORT, AND SERVICES PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR MALWARE, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
2. From time to time, Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Services. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE COMPANY FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE LIMITATIONS OR EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: 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.
Indemnification

By utilizing the Site, Mobile App, or the Services, you agree to defend, indemnify, and hold harmless Company and its subsidiaries, divisions, instrumentalities, employees, contractors, officers, directors, agents, successors, and affiliates from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses, (including attorney’s fees and costs) that arise from your use or misuse of the Site, Mobile App, or the Services, violation of this Agreement or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, confidentiality, or negligent or wrongful conduct,) of a third party. You also agree to take sole responsibility for any royalties, fees or other monies owed to any person or entity by reason of any User Content you post or transmit through the Site, Mobile App, or Service we provide. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your own expense in asserting any available defenses. This section shall survive any expiration or termination of the Terms.
Product Claims

You acknowledge that Company, not Apple, Inc. or Google, is responsible for addressing any claims of the end-user or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and, (iii) claims arising under consumer protection or similar legislation.
Contact Information

Should you wish to contact Company with any questions, complaints or claims with respect to the Services, email Company at feedback@pechanga.com.
Proprietary Nature of Services and Trademarks

Company owns or is licensed to use the Services and any and all trademarks, service marks and content included in the Services. The Services may incorporate trademarks, service marks or other content in connection with the services it provides and such trademarks, service marks or other content remains at all times the property of its respective owners. You have no right or license with respect to any trademarks, service marks and other content owned by Company or any third party that is visible on or provided to you through the Services.
Third Party Terms of Agreement

You agree to comply with all applicable third party terms of agreement when using the Services.
Governing Law; Venue; Jurisdiction

In order to assure consistency in the interpretation of this agreement, this Agreement, and any and all legal proceedings arising out of use of the Site, Mobile App, the Services, and/or relating to these Terms, these Terms and the relationship between you and us shall be governed exclusively by the laws of the State of California, without giving effect to its conflict of law rules. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. The parties further agree that the place of contract and performance of this Agreement is on the Pechanga Indian Reservation, Temecula, California. You consent to the exclusive venue and personal and subject matter jurisdiction in the state courts of Riverside County, California and the US District Court for the Central District of California. You and we irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
Waiver

The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Severability

If any provision, or portion thereof, of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.
Assignment

Except to the extent such rights cannot be restricted by applicable law, you shall not assign, sublicense, convey or transfer (collectively, “Assign”) this Agreement (whether by contract, merger or operation of law) these terms, in whole or in part, without the prior written consent of Company, which may be granted or withheld by Company at its sole discretion. Any such attempt by you to Assign any rights, duties, or obligations hereunder shall have no power or effect, and is subject to Company’s right to immediately terminate this Agreement, the license granted hereunder, and your access to your account. Company may freely Assign this Agreement and any of your data or information you submit to Company or which Company collects from you or your Mobile Device without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. We reserve the right to, and you hereby consent to, our right to disclose, transfer, and/or assign your Personal Information in connection with a merger, consolidation, restructuring, financing, sale, or other transaction. In addition, if a potential buyer is interested in purchasing us, you agree that we may provide the potential buyer with your Personal Information, subject to the restrictions in these Terms.
Mandatory Arbitration

Company is a wholly-owned instrumentality of the Pechanga Band of Indians, a federally recognized sovereign Indian Nation that possesses sovereign immunity from suit. Nothing in this Agreement is or shall be deemed to be a waiver of the Tribe’s sovereign immunity from suit, which immunity is expressly asserted, except that Pechanga Resort Casino agrees to a limited waiver its immunity for the limited and sole purposes of compelling arbitration by You and of enforcing arbitration of any decision rendered pursuant to the terms and conditions of this Agreement.
1. In the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If resolution cannot be met by the parties within a period of thirty (30) days, then the exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Services shall be by binding non-appearance-based arbitration in Temecula, California. In the event a party elects arbitration, they shall initiate such arbitration before a single arbitrator through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties, or, if no agreement is reached within ten (10) days of a request for agreement, then according to the Commercial Rules of the American Arbitration Association (“Rules”). The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. All aspects of the arbitration shall be treated as confidential, as provided in the Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, disclosure of Company’s confidential information or trade secrets, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the dispute resolution process described above. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If you or Company pursue arbitration, the arbitration action must be initiated within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the relevant claim. The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition
2. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
3. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Waiver of Jury Trial

Each party irrevocably and unconditionally waives any right it may have to a trial by jury for any legal action arising out of or relating to this Agreement or the transactions contemplated hereby.
Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Company will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under this Agreement or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Entire Agreement; Modifications

These Terms, including, but not limited to, the Privacy Policy (and updates to the foregoing), User Content Posting Guidelines, and any other terms agreed to in writing by the parties or by way of your use of the Site or the Services shall constitute the entire and exclusive understanding and agreement between you and Company, and supersedes any other agreement or discussion, oral or written, with respect to the subject matter of this Agreement, and may not be changed except by a written agreement signed in hardcopy form by both parties. There shall be no application of any rule of construction of this Agreement against the drafter as you have had an opportunity to have this Agreement reviewed by your counsel. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. The failure of us to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or our right to act with respect to subsequent or similar breaches. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death.
Notice

The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including, but not limited to, by email, regular mail, SMS, MMS, text message, push notifications, messages to you in your account profile, or postings in the Services. Such notices may not be received if you violate this Agreement by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner. You may contact Company in writing at the contact information set out below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Registration for a Member Account
1. The Services are intended for access and use by individuals who are at least 21 years old, and by agreeing to the Terms you represent (i) that you are at least 21 years old and reside in a state, region, or country in which our Services may legally be provided, (ii) you are the person whose name and other information have been provided for the account that you have or are creating, (iii) that you have not previously been suspended or removed from the Service, and (iv) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
2. All of the information that you supply to us in creating your Member account must be accurate. You are responsible for maintaining the confidentiality of your account and password. We may reject any user name that violates these Terms, including any user name that uses another person’s identity or that violates our community and content guidelines.
3. We may use the email you provide to us in your Member account profile to provide you with service messages and updates. By becoming a Member you are consenting to the receipt of these communications.
4. You are responsible for authorizing, deauthorizing and administering account access.

Grant of Access to the Site and Services

We grant you a personal, limited, non-transferable, non-exclusive right to access and use the Site and our Services as set forth in these Terms, provided that (i) your use of the Service as permitted hereunder is solely for your personal, non-commercial use; (ii) you will use the Site and the Services only for purposes that are permitted by these Terms; (iii) you will not alter, adapt or otherwise modify any part of the Service other than as may be reasonably necessary to use that part of the Service for its intended purpose; (iv) you will use the Site and the Services in accordance with all applicable laws and regulations; (v) you will otherwise comply in full with these Terms; and, (vi) you will not distribute or transfer any portion of the Site on any media without our prior written approval.
Availability of Our Services; Subcontracting

We shall use commercially reasonable efforts to provide continuous access to the Services. We do not guarantee that the Services will be accessible at all times. The Services may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Service inaccessible for a limited amount of time due to unforeseen circumstances. We reserve the right to change your password if we believe it’s unsecure. We have the right to refuse to provide access to the Services. We have right to cease offering the Services at any time and in our sole discretion. We may subcontract services, such as, but not limited to, outside hosting and storage, to third parties, which may be inside or outside the United States.
EasyDine™
1. The EasyDine™ dining credit is available on your Rewards Card during promotional period only, at all restaurants. Cannot be used for alcohol or gratuity and is not redeemable for cash, and no change will be given on balance. Offers are intended for cardholder and is non-transferable.
2. Management reserves all rights.
3. Offers listed are intended for card holder, is non-transferable and valid on specified dates.
EasyPlay™

EasyPlay™ is valid at all slot and video machines, with a PIN required to download credits. Weekly EasyPlay will expire seven days after activation. See Pechanga Rewards for details.
Hotel Offer

Paid bookings require full payment for the first night at the time of booking. For hotel offers, a valid credit card and government-issued ID are required at time of check-in. In addition to room and tax, a credit card authorization of $100 for an incidental deposit will be applied per stay. Authorization/release of funds will take 10-14 business days after checkout. No cash deposits will be accepted. For paid bookings cancelled after 4PM on the scheduled day of arrival the deposit is forfeited, including no-shows. Complimentary bookings cancelled after 4PM on the scheduled day of arrival will incur a $50 fee, including no-shows.
Pechanga Rewards Rules and Policies
1. Use of a Pechanga Rewards Card signifies member’s acceptance to the terms and conditions of Pechanga Rewards.
2. Membership is restricted to individuals 21 years of age or older.
3. Valid photo identification required for membership and must be presented upon request as necessary for certain transactions using a Rewards Card.
4. It is the responsibility of the member to ensure that a Rewards Card is properly inserted before playing to record play and earn points.
5. Pechanga Resort Casino may not be held responsible for untracked play due to player negligence or improper insertion of Rewards Card.
6. It is the responsibility of the member to ensure that their card is presented to a Table Games dealer for play to be recorded.
7. Only the member named on the account can receive information or engage in any transaction related to that account.
8. Membership benefits, Rewards points, Club Dollars, EasyPlay, and EasyDine are nontransferable and may not be brokered, bartered, or sold even in the event of a death or divorce.
9. Automatic expiration of EasyPlay balances varies based on offer.
10. Management reserves the right to adjust any point balance resulting from malfunction, operational error, and/or fraud.
11. A Rewards Card is for the sole and exclusive use of the individual named on the card. Any other use may result in immediate revocation and loss of all privileges and benefits.
12. Rewards Membership may be revoked or cancelled at the discretion of Pechanga Resort Casino without notice. A Rewards Card must be surrendered upon request.
13. Multiple cards may be issued for members with proper identification who want to play multiple machines; however, members distributing their cards to players other than those registered to the account may have their membership revoked and all remaining Club Dollars, Comp Dollars, and EasyPlay will be surrendered.
14. Rules for specific promotions are available at any Pechanga Rewards Desk location.
15. All applicable taxes which may result from the receipt of offers or prizes are the sole and absolute responsibility of the member.
16. Rewards Card accounts that show no activity for a period of twelve (12) months will be considered inactive and any remaining points and the membership will be cancelled.
17. Gold, Platinum, and Red status of the Rewards Card are valid for a six-month period. January 1st thru Jun 30th or July 1st thru December 31st.
18. Management reserves the right to revoke card status for any reason without notice.
19. Rewards Members may earn points for all tracked slot machines, table games, keno, bingo and video poker. Point accruals varies based upon machine and type of game played.
20. Rewards benefits include but are not limited to Club Dollars, Tier Points, Complimentary Dollars, EasyPlay, EasyDine, Ticket Entries, and any other promotional offer not stated above.
21. Rewards benefits have no cash value.
22. Lost or stolen cards must be immediately reported to a Rewards Ambassador.
23. Lost or stolen Rewards benefits will not be replaced.
24. Pechanga Resort Casino reserves the right to modify or cancel Pechanga Rewards program at any time without prior notice.
25. Rewards members should notify Pechanga Resort Casino in person or in writing, and must provide proof of identity, for any personal information changes in order to continue to receive information on Rewards offers, promotions, invitations, and events.
26. Pechanga Resort Casino will resolve any dispute or situation not covered by the rules and policies in this Section 11 and that decision shall be final.

Taxes

If any country, federal, provincial, regional, state or local entity with taxing authority over the Service imposes a tax, duty or fee directly on the Service provided to you by us under the Terms (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then we may pass the direct amount of such tax on to you, and you shall promptly pay that tax.
Location of Operation

Our Site is operated in the State of California, United States of America, and we make no representation that content provided is applicable or appropriate for use in other locations. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Your use of the Site does not subject us to judicial process in or to the jurisdiction of courts or other tribunals in your jurisdiction or location.
Export

The Terms shall not be governed by the United Nations Convention on the International Sale of Goods. Your access to and use of the Software and the Services shall comply with all applicable export laws of the United States, including, without limitation, the U.S. Export Administration Regulations and the prohibitions and restrictions mandated by agencies of the United States government. Without limiting the foregoing, neither the Software nor the Services may be exported or re-exported into (or to a resident or national of): (a) any country sanctioned by the United States government identified on the list published by the U.S. Bureau of Industry and Security; (b) any country, entity or person identified on any of the sanction lists, specifically designated nationals lists, denied party lists or entity lists published by the Office of Foreign Assets Control (OFAC) of the U.S. Department of Treasury, as such lists may be updated from time to time; (c) any other country subject to United States embargo or UN Sanctions; or (d) or any other prohibited country, person, end-user or entity specified by the United States government.
Communications

By creating a User account or giving us any contact information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS and by telephone) from us and/or by posting the Communications on the Site (e.g., by posting notices on your account profile page) concerning information and/or our Services (collectively, "Communications"). For Users with an account, Communications may be those that we are required to send to you by law concerning us, your account or information, the Site, or the Services ("Required Communications"). The Communications may also be those that we send to you for other reasons. You may change the email or mobile phone number on file for your account by visiting your account profile page or by contacting us. You may opt out of receiving all Communications, other than Required Communications, via email by sending a notice to us that identifies your full name, user name, and email address; however, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.
Consent to Mobile App Push Notifications

By downloading and installing our myPechanga™ mobile app (the “Services”), you consent to receiving push notifications from our app on your mobile device. These push notifications will be from us and relate to the app, your account with us, resort offers, giveaways, general marketing and other purposes. You may opt out of these push notifications by turning off the push notifications for our app in the settings of your mobile device or by uninstalling the app.
General
1. Headings. The headings of sections and paragraphs in these Terms are for convenience only and shall not affect its interpretation.
2. Notice. You agree that we may provide you with notices, including those regarding changes to these Terms, by email to the address you provided at the time of registration or such changed address as you provide to us in your account data.
3. The Parties Relationship. The parties agree that these Tems create no partnership, joint venture, employee, employer or other relationship among the parties. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of us, any of our affiliates or respective service providers. There are no third-party beneficiaries to these Terms.
4. Contact Us. Our contact information is: feedback@pechanga.com; or Pechanga Resort Casino, 45000 Pechanga Parkway, Temecula, California 92592; Attn: Marketing.

Text (SMS) Messaging
1. When you opt in to the service, we will send you up to 4 messages per month.
2. You can cancel the SMS service at any time by texting “STOP” to 724642. When you send the SMS message “STOP” to us, we reply with an SMS message that confirms that you have been unsubscribed. After this, you won’t receive SMS any additional messages from us. If you want to join again, sign up as you did the first time and we will start sending SMS messages to you again.
3. You can get more information at any time by texting “HELP” to 724642. When you send the SMS message “HELP” to us, we respond with instructions on how to use our service and how to unsubscribe.
4. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, US Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages.
5. Message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 4 messages per month. Contact your wireless provider for more information about your text plan or data plan. If you have questions about the services provided by this short code, email us at contact@pechanga.com.
6. If you have any questions regarding privacy, read our privacy policy at here.

User Content Posting Guidelines
1. To the extent our Site contains areas where you can post or submit to be posted (together "post") User Content such as comments, product reviews, testimonials, etc., you agree to post Content that is proper and related to the general theme of the Site. User Content also includes that which you send to us by email, text, mail, or other means. By posting any User Content you agree to abide by these User Content Posting Guidelines. You agree not to post any User Content that:
  - Is off-topic, false, inaccurate, misleading, defamatory, libelous, stalking, threatening, obscene, pornographic, indecent, vulgar, offensive, which contains unlawful material or information, or which otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  - Harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation or identity, race, ethnicity, age, or disability;
  - Is not your own original creation or that you do not have permission to use or that infringes the copyright, trademark, patent, or other proprietary right of any person or that is used without the permission of the owner;
  - Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;
  - Promotes or provides instructional information about illegal or illicit activities;
  - Purports to be from any person or entity, including but not limited to one of our employees, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  - Includes personal or identifying information about another person without that person's explicit consent;
  - Contains software code of any kind, including, but not limited to, code that contain viruses, corrupted files, or any other similar software or programs designed to or that may interrupt, lock up, destroy, damage or limit the operation of another person's computer or network or telecommunications equipment;
  - Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects the ability of others to use the Site; or,
  - Advertises or offers to sell any goods or services, or engage in surveys, contests, chain letters, or for any commercial purpose.
2. You may not attempt to gain unauthorized access to our computer systems or those of any our service providers or third parties, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or our services. We reserve the right, but do not undertake the obligation, to refuse to post or remove any posted User Content from our Site for violation of these rules or for any other reason, and to refuse to accept any future postings by you.
3. By posting any User Content you agree to and do hereby grant us and our licensors, affiliates, partners, successors and assigns, a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, summarize, create derivative works of and publicly perform the User Content that you post or otherwise submit to us for any purpose, in any form, medium, or technology now known or later developed.

Acknowledgement and Incorporation of Apple’s Terms
1. Acknowledgement. Company and you, the end-user of the Services, acknowledge that the Agreement is entered into by and between Company and you, and is not with Apple, Inc. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. Company is solely responsible for the Services and any content contained therein. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. You acknowledge that you have reviewed the App Store Terms and Conditions. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
2. Incorporation of Apple. Inc. Licensed Services End User License Agreement. For users of Apple-manufactured devices, the following terms of this Section 49 shall apply. This Agreement incorporates by reference the Licensed Services End User License Agreement (the "LSEULA") published by Apple, Inc. For purposes of this Agreement, the "Services" is considered the "Licensed Services" as defined in the LSEULA and "Company" is considered the "Services Provider" as defined in the LSEULA. If any terms of this Agreement conflict with the terms of the LSEULA, the terms of this Agreement shall control.

Disputes; Resolution
1. Time Limitation Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.
2. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Pechanga Resort Casino Website and MyPechanga Mobile App Terms & Conditions of Use

Pechanga Resort Casino
Website and MyPechanga Mobile App
Terms & Conditions of Use