Terms & Conditions
PLEASE READ THIS TERMS AND CONDITIONS OF USE CAREFULLY. YOUR ACCESS OF THESE WEB SITES CONSTITUTES YOUR AGREEMENT TO ABIDE BY THESE PROVISIONS.
1. USE OF THE SITES.
These Terms and Conditions of Use apply to the U.S. web sites of Agua Caliente Casino & Spa Resort Casino (collectively "Agua Caliente") and (collectively the "Sites"). Agua Caliente owns 2 gaming properties in the United States.
We encourage you to read the Terms and Conditions of Use carefully as it controls your use and access to the Sites, now and in the future. However, Agua Caliente expressly reserves the right to modify the Terms and Conditions of Use at any time by posting an updated version of the Terms and Conditions of Use on the Sites. Therefore, you should periodically review the Terms and Conditions of Use. Your continued use of these Sites constitutes your consent to the current Terms and Conditions of Use posted at the time of your visit.
DO NOT USE AGUA CALIENTE'S SITES IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE.
2. NO UNLAWFUL OR PROHIBITED USE.
The Sites may be used only for lawful purposes. Your access and use of these Sites are also governed by all applicable federal, state, and local laws. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, provincial, federal or foreign law or regulation is prohibited. This includes, without limitation, any material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity, or infringe any third party's intellectual property rights.
As a condition of your use of the Sites, you represent and warrant that you will not use the Sites for any unlawful purpose or in violation of any provision of the Terms and Conditions of Use. You further represent and warrant that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Sites, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you represent and warrant that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior written consent from an authorized Agua Caliente representative (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to the Sites).
In the event of any unlawful or offensive use of content of the Sites, we reserve the right to modify or remove any and all content, functionality, and links contained on the Sites. If we determine, in our sole and absolute discretion, that you have violated any provision of the Terms and Conditions of Use or any applicable law, we may, at any time, terminate, restrict, or modify all or part of your access, times of availability, and required equipment and software for use of the Sites, and take any action in response to such violation.
3. CONTENT OF SITES.
The content on these Sites is the property of Agua Caliente. While we strive to keep the content of the Sites up-to-date, we do not warrant or guarantee that the information appearing on the Sites is accurate, complete, reliable, or error-free. The Sites may contain inaccuracies or typographical errors regarding product and service descriptions, availability, dates and pricing. We reserve the right to correct or update any errors or omissions and to periodically change any information at our sole and absolute discretion without any prior notice to you. Nothing in these Sites shall be considered to be a binding offer by Agua Caliente, and we reserve the right to change any information posted on these Sites at any time for any reason without notice to you.
4. USE OF THE SITES BY MINORS.
These Sites are not intended for use by any person under the age of 21. [See our Privacy Policy] Any use of these Sites by persons under the age of 21 should only be under the direct supervision of that minor's parent or legal guardian.
5. INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE.
a. Proprietary Content; Copyrights.
You acknowledge that all right, title and interest in and to all content on the Sites, including all information, data, video, audio, graphics, logos, button icons, software and other materials contained on or that make up the Sites, is the sole and exclusive property of Agua Caliente, and is protected by U.S. and international copyright laws.
b. Limited License.
You may access the Sites' content for your personal use only. You may not copy, upload, download, post, transmit, distribute, publish, display, perform, modify, or otherwise create derivative works from any of the content contained on the Sites, except you may print copies of our Sites for your personal use. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms) of Agua Caliente without the prior written consent of Agua Caliente. You may not use any metatags or any other "hidden text" utilizing our name, trademarks, service marks, or trade names without the prior written consent of Agua Caliente. You may not use our names, trademarks, service marks, trade names, logos, slogans, or proprietary graphics as any part of a link without the prior written consent of Agua Caliente. Any unauthorized use terminates any license or permission granted by Agua Caliente. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the content of the Sites.
c. Trademarks.
All Agua Caliente trademarks, service marks, trade names, logos, slogans, and other identifying marks appearing on the Sites are the sole and exclusive property of Agua Caliente. You may not copy or use any of Agua Caliente's marks or any marks confusingly similar to Agua Caliente's marks without the prior written consent of Agua Caliente, nor may you use Agua Caliente's marks in any manner that discredits or disparages Agua Caliente. All other trademarks not owned by Agua Caliente that appear on these Sites are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by Agua Caliente.
d. Contributed Content.
Except for personally identifiable information that we obtain from you, [See "Use of Information You Provide" below] any information you provide, including without limitation, any feedback, comments, suggestions and/or ideas you may submit to us, is hereby deemed NONCONFIDENTIAL and NONPROPRIETARY, shall become the property of Agua Caliente, and may be used by us for any purpose without restriction or obligation. You represent and warrant that any content you submit to us (1) is accurate, (2) does not violate any law or infringe any third party's intellectual property rights, and (3) contains no matter that is obscene, harassing, vulgar, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity of a third party.
e. Access to Restricted Areas of the Sites.
The Sites may provide you with the ability to use passwords, usernames, or other codes or devices to gain access to restricted portions of the Sites ("access codes"). The content contained in such restricted areas is confidential to Agua Caliente and is provided to you for your personal use only. We reserve the right to prohibit the use of such access codes on your behalf by third parties if we determine, in our sole and absolute discretion, that such use interferes with our Sites' operation or results in commercial benefits for other entities to our detriment.
f. Notice of Legal Enforcement.
Agua Caliente treats enforcement of its intellectual property rights seriously.
6. LINKS.
The Sites may contain links to other web sites. All links to other web sites from the Sites are provided for convenience only. We are not responsible for, and do not endorse, the content, products, or services that may be contained on the linked web sites. We shall have no obligation or liability with respect to any access by you of any linked web sites, or for your use of any information, products, or services on the linked web sites.
You should be aware that, when you enter a linked web site, you are subject to the privacy policies and terms and conditions of use which apply to that web site. You should review them after you execute the link.
Requests to post links to the Sites on other web sites should be directed to bpicker@aguacaliente.net. Agua Caliente expressly reserves its rights to take appropriate action against any entity that links to any Site without permission in a manner that violates any of Agua Calientes legal rights.
7. PRIVACY POLICY.
The Sites are United States web sites and are subject to United States law. Agua Caliente's use of data collected via the Sites is governed by our Privacy Policy. You acknowledge and agree that our Privacy Policy is incorporated into this Terms and Conditions of Use.
8. RESERVATION AND CANCELLATION POLICY.
To book a room through the Sites, you will be required to enter a valid credit card number to guarantee your reservation, as well as provide personal information including your name, address, and other contact information. Your credit card number will be verified using a checking sequence; we authorize payment(s) at this time that is consistent with payment process for each site. Select packages may require full prepayment. Agua Caliente takes reasonable steps to ensure that the Reservations page on each Site is secure.
9. RETURN POLICY.
All purchases of items through the Sites are subject to each individual site's Return Policy.
10. SHIPPING POLICY.
All purchases of items through the Sites will be shipped pursuant to the individual sites' Shipping Policy.
11. RISK OF LOSS.
Any and all items purchased on the Sites are made pursuant to a shipment contract. Therefore, risk of loss and title for items you purchase through the Sites will pass to you upon our delivery of the items to the designated carrier.
12. LIMITATION ON LIABILITY; LEGAL DISCLAIMER.
AGUA CALIENTE IS MAKING ALL CONTENT CONTAINED ON THESE WEB SITES AVAILABLE TO YOU "AS IS," WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, OR STATUTORY, AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
USE OF THE SITES, AND ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE SITES, IS AT YOUR OWN RISK. AGUA CALIENTE WILL HAVE NO OBLIGATION OR LIABILITY WHATSOEVER IN CONNECTION WITH OR RESULTING FROM ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT ON THESE SITES OR FOR ANY DISRUPTIONS THESE SITES MAY CAUSE, OR FOR ANY RELIANCE ON OR USE OF SUCH CONTENT BY YOU.
IN NO EVENT SHALL AGUA CALIENTE OR ANY OF ITS STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITES, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. CHANGES TO THE TERMS AND CONDITIONS OF USE.
Agua Caliente may change the Terms and Conditions of Use at its sole and absolute discretion at any time. You should periodically revisit the Terms and Conditions of Use to be sure you are familiar with our current policies. Your use, and continued use, of the Sites (following modification to the Terms and Conditions of Use) will be conclusively deemed as acceptance of the Terms and Conditions of Use and any changes thereto.
14. POLICY FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
If you believe that any content has been posted on the Sites in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:
15. MISCELLANEOUS.
This Terms and Conditions of Use shall constitute an agreement, the terms and performance of which shall be governed by the laws of the state of California, without regard to conflicts of law. You agree that any dispute relating in any way to your visit to the Sites or items or services you purchase through the Sites shall be submitted to confidential arbitration in California. Arbitration under Terms and Conditions of Use shall be conducted according to the then prevailing rules of the American Arbitration Association before a panel of three arbitrators. The arbitrators' award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Terms and Conditions of Use shall be joined to an arbitration involving any other party subject to this Terms and Conditions of Use, whether through class arbitration proceedings or otherwise.
If Agua Caliente determines that a violation of the Terms and Conditions of Use has occurred, we may, in our sole and absolute discretion, pursue any of our legal remedies. However, the failure of Agua Caliente to exercise or enforce any right or provision of Terms and Conditions of Use shall not constitute a waiver of such right or provision.
In the event that any provision of Terms and Conditions of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Terms and Conditions of Use contains the entire agreement between us relating to the subject matter hereof, and supersede any prior understanding or agreements regarding the subject matter.
This Privacy Policy only applies to information Agua Caliente collects online through the Sites. Please note that, while reference may be made to information collected offline, this Privacy Policy is not a comprehensive statement of how information collected offline is obtained or used.
In addition, you hereby acknowledge that this Privacy Policy is incorporated in the Terms and Conditions of Use that controls your use and access of the Sites.
II. WHY AGUA CALIENTE COLLECTS PERSONALLY IDENTIFIABLE INFORMATION
Agua Caliente collects information in a variety of different manners for multiple purposes, including: (1) to help us continually improve the services we offer, (2) to improve the utility of the Sites, and (3) to provide you and other interested visitors with information about promotions and other materials through e-mail and other communications that we believe will be beneficial to you. We will not share, sell or transfer personally identifiable information about you to third parties to use for their own marketing efforts except as outlined below or with your approval.
III. HOW INFORMATION IS COLLECTED BY AGUA CALIENTE
A. NON-PERSONALLY IDENTIFIABLE INFORMATION
On a regular basis, the Sites collect information about you that is not personally identifiable. Some examples of such information may include the type of browser you are using, what sites you came from, what pages of the Sites you visit, how much time is spent on those pages, and the pages from which you exit the Sites. In addition, Agua Caliente collects some non-personally identifiable information in the manners described below: