Pechanga Resort Casino
Website and MyPechanga Mobile App
Terms & Conditions of Use
Updated February 21, 2020
- Welcome to Pechanga. Through our www.pechanga.com website ("Site") and our myPechanga mobile app ("Mobile App") we provide members with various services and information regarding our resort and casino (collectively, the "Services"). The Site is owned and operated by Pechanga Resort Casino, a wholly-owned instrumentality of the Pechanga Band of Luiseño Indians (collectively, with its subsidiaries and affiliates, "Pechanga", "we", "us" or "our").
- IMPORTANT – PLEASE READ CAREFULLY: For users of the Mobile App, by clicking the "I Accept" box when you install the Mobile App, or, for Users of the Site, by using the Site or the Services, you acknowledge and agree that these Terms form a binding agreement between us and you as a user of the Site and/or the Services. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR THE SERVICES. IMPORTANT: THESE TERMS CONTAIN AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, AND ALSO CONTAINS A CLASS ACTION WAIVER. Please carefully review Sections 25 and 26 of these Terms for more information.
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.
- Use By Minors. 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.
Registration for a Member Account
- 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
- 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.
- 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.
- You are responsible for authorizing, deauthorizing and administering account access.
- You are responsible for maintaining the confidentiality of your passwords
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.
Limited License to Mobile App
- Subject to these Terms, we grant you a personal, limited, non-exclusive and nontransferable license to: (i) download, install and use the Mobile App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you, and (ii) access and use on such mobile device the Services made available in or otherwise accessible through the Mobile App, strictly in accordance with these Terms.
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.
- The EasyDine™ dining credit is available on your Club 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.
- Management reserves all rights.
- Offers listed are intended for card holder, is non-transferable and valid on specified dates.
- 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 The Club for details.
- 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. Cancellations are accepted until 8PM on the date of scheduled arrival. Any cancellations made after 8PM will be charged $99 (Sun-Thurs) or $149 (Fri-Sat and Holidays) to the Player Account. Restrictions apply to hotel offers.
The Club at Pechanga Rules and Policies
- Use of The Club™ card signifies member’s acceptance to the terms and conditions of The Club at Pechanga.
- Membership is restricted to individuals 21 years of age or older.
- Valid photo identification required for membership and must be presented upon request as necessary for certain transactions using The Club card.
- It is the responsibility of the member to ensure that The Club card is properly inserted before playing to record play and earn points.
- Pechanga Resort & Casino may not be held responsible for untracked play due to player negligence or improper insertion of The Club card.
- It is the responsibility of the member to ensure that their card is presented to a Table Games dealer for play to be recorded.
- Only the member named on the account can receive information or engage in any transaction related to that account.
- Membership benefits, The Club 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.
- Automatic expiration of EasyPlay balances varies based on offer.
- Management reserves the right to adjust any point balance resulting from malfunction, operational error, and/or fraud.
- The Club 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
- The Club membership may be revoked or cancelled at the discretion of Pechanga Resort & Casino without notice. The Club card must be surrendered upon request.
- 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.
- Rules for specific promotions are available at any Club Booth location.
- All applicable taxes which may result from the receipt of offers or prizes are the sole and absolute responsibility of the member.
- The Club 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.
- Gold, Platinum, and Red status of the Club card are valid for a six-month period. January 1st thru Jun 30th or July 1st thru December 31st
- Management reserves the right to revoke card status for any reason without notice.
- The Club 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.
- Club 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.
- Club benefits have no cash value.
- Lost or stolen cards must be immediately reported to a Club Ambassador.
- Lost or stolen Club benefits will not be replaced
- Pechanga Resort and Casino reserves the right to modify or cancel The Club at Pechanga program at any time without prior notice.
- The Club 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 The Club offers, promotions, invitations, and events.
- 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.
Restrictions on Use of the Site and Mobile App
- 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.
- 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.
- 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:
- 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.
- 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.
- All User Content you post or submit for posting to the Site is deemed nonconfidential.
- 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.
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.
- 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.
- 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:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site (including the exact URL);
- An address, a telephone number, and an e-mail address where we can contact you;
- 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;
- 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
- 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.
- 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
- Pechanga Resort Casino
- 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.
- Fees. 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.
- Payment Terms
(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.
- 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.
- Product Purchases
Suspension of Service
- Suspension. We may suspend your Member account and access to the Service, with or without notice, if you violate any provision of these Terms.
- 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.
- 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.
- 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.
- Ownership. 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. We reserve all rights not expressly granted herein in and to the Site, Services, and Mobile App. 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.
- Feedback; Improvements. 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.
- THE SERVICES, MOBILE APP, AND THE SITE AND THE CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, VIDEOS, AND LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OTHER THAN AS EXPRESSLY STATED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE, SOFTWARE, OR RELATED TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, MOBILE APP, OR RELATED TO THE SERVICES OR THE SERVER THAT ENABLES THE SERVICES TO BE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. DEPENDING ON THE STATE IN WHICH YOU RESIDE SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US 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.
Limitation of Liability
- WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON OR COMPANY MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF THE SERVICES) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR CONTRACTORS’ SERVERS), 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).
Exceptions by Some States on Non-Allowance of Exclusion
- 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
- By utilizing the Site, Mobile App, or the Service you agree to indemnify, defend and hold us and our officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by us through your use of the Site, Mobile App, or the Services or your posting or transmission of User Content in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights). 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. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any expiration or termination of the Terms.
Cooperation with Law Enforcement and Government Agencies; Required Disclosures
- 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.
- 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.
- 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.
- 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.
- Other than for the grounds set forth in Section 21.C, 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 the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Temecula, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "AAA"), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.
- 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.
- The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA 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. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.
- Exceptions to Agreement to Arbitrate. You and we agree that we will go to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents); or (b) your violation of our User Content Posting Guidelines,
- 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 we 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 these Terms 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.
- 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 these terms or the transactions contemplated hereby.
- 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.
- 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.
- Governing Law. 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. For 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, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of California. 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.
- Assignment. You may not assign, convey, or transfer (whether by contract, merger or operation of law) (collectively, “assign” or variants) these Terms, in whole or in part, without our prior written consent, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of these Terms will be of no power or effect. We may assign these Terms freely at any time 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.
- Headings. The headings of sections and paragraphs in these Terms are for convenience only and shall not affect its interpretation.
- Waiver. The failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce 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 portion 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.
- Independent Contractors. The parties intend that an independent contractor relationship will be created by these Terms, and that no additional partnership, joint venture, employee, employer or other relationship is intended. 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 its respective service providers.
- 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.
- Independent Contractor. The parties intend that an independent contractor relationship will be created by these Terms, and that no additional partnership, joint venture, employee, employer or other relationship is intended. 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.
- Contact Us. Our contact information is: firstname.lastname@example.org; or Pechanga Resort Casino, 45000 Pechanga Parkway, Temecula, California 92592; Attn: Marketing.
INCORPORATION OF APPLE. INC. LICENSED SOFTWARE END USER LICENSE AGREEMENT
The following terms of this Section 29 shall apply to the Mobile App for users of Apple-manufactured devices.
- This Agreement incorporates by reference the Licensed Software End User License Agreement (the "LSEULA") published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the "Mobile App" is considered the "Licensed Software" as defined in the LSEULA and we are considered the "Software 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.
- Acknowledgement. We and you, the end-user of the Mobile App, acknowledge that the Agreement is entered into by and between us 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. We are solely responsible for the Mobile App 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 Mobile App. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). 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.
USER CONTENT POSTING GUIDELINES
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.
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.
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.