Current as of February 16, 2024
Please read these terms of service and the privacy policy ANY LATTNER ENTERTAINMENT GROUP ILLINOIS, LLC (“LATTNER ENTERTAINMENT”) WEBSITE OR APPLICATION. PLEASE NOTE THAT SECTION 9 TITLED "DISPUTE RESOLUTION BY BINDING ARBITRATION" IN THESE TERMS OF SERVICE CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. LATTNER ENTERTAINMENT IS AN AFFILIATE OF BOYD GAMING CORPORATION. THESE TERMS AFFECT YOUR RIGHTS IN RESOLVING DISPUTES WITH LATTNER ENTERTAINMENT AND BOYD GAMING CORPORATION INCLUDING THEIR SUBSIDIARIES AND AFFILIATES (COLLECTIVELY “BGC”), OR ANY OTHER PARTY IN RELATION TO YOUR USE OF LATTNER ENTERTAINMENT’S WEBSITE OR APPLICATION. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF SECTION 9 TITLED "DISPUTE RESOLUTION BY BINDING ARBITRATION."
These Terms of Service ("Terms") are a legally binding agreement that applies to Lattner Entertainment Group | Illinois Video Gaming Terminals (lattnergaming.com), Lattner Entertainment’s mobile application Lattner Rewards, or any other sites on which these Terms are posted and/or the related games, services, or applications including as accessed through third-party web sites or at Lattner Entertainment contracted gaming locations (collectively, the "Service"). By using or accessing the Service, you agree to be bound by these Terms and all terms incorporated by reference. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE, ACCESS, OR DOWNLOAD THE SERVICE.
You must be 21 years of age or older to access or use the Service. By using the Service, you represent and warrant that you are at least 21.
These Terms are entered into between you and Lattner Entertainment (also referred to as "we," “us,” or “our”). The terms "you" or "your" refer to the user or viewer of our website or mobile application.
LATTNER ENTERTAINMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE OR KIND TO YOU, INCLUDING WITH RESPECT TO THE CONTENT OR ACCURACY OF THE SERVICE. THE CONTENT OF THE SERVICE IS FOR YOUR GENERAL INFORMATION AND USE ONLY.
1) ACCESS TO LATTNER ENTERTAINMENT SERVICE
a) The Service is licensed, not sold. Your limited license confers no title or ownership in the Service.
b) Subject to your acceptance and continuing compliance with these Terms, Lattner Entertainment grants to you a non-exclusive, non-transferable, personal, revocable limited license to use the Service and related software (excluding source or object code) for your personal (or household) non-commercial use. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service, including any computer code that operates the Service.
c) Lattner Entertainment reserves the right to change these Terms in any way and at any time.
d) We will notify you of any modifications to these Terms by posting such modifications within the Service. You agree that you will 1) periodically check the Service for updates to these Terms, and 2) read messages we send you regarding the Service. You agree that you will be considered to have been given notice of any modifications once we post them to the Service and that your continued use of the Service after such notice shall be deemed an acceptance of any changes. If you do not agree to these Terms, as may be amended from time to time in Lattner Entertainment's sole discretion, your only remedy is to discontinue your use of the Service and to cancel your account(s). If you use a social network to reach or access the Service or download the Service from any platform or applications stores, such as but not limited to Apple or Google, you must also comply with its terms of service/use as well as these Terms and you will be responsible for reviewing, understanding, and following all applicable terms of service.
e) Lattner Entertainment reserves the right to limit, suspend, modify, delete, or discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability and without any obligation to compensate you for any losses.
f) You agree to be bound by any application or specific rule(s), published within the Service.
g) Your use of the Service is conditioned upon your compliance with these Terms, as well as and Boyd Gaming Corporations terms of use and privacy policy reviewable at: Terms of Use (boydgaming.com) and Privacy Policy (boydgaming.com). Any use of the Service in violation of these Terms or Boyd Gaming Corporation’s terms of use will be regarded as an infringement of Lattner Entertainment's and Boyd Gaming Corporation’s copyrights and other rights in and to the Service. Lattner Entertainment may, in its sole discretion, limit, suspend, terminate, modify, or delete accounts or access to the Service without notice if, among other reasons, you violate these Terms. You agree that Lattner Entertainment does not have to provide you with any notice before terminating or suspending your account, but it may, in its sole discretion, provide you with notice as a courtesy and without then taking on any additional obligations.
h) You are strictly prohibited from permitting any third party, to access the Service through use of your account. You are fully responsible for all activities associated with your account.
i) You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms.
2) Usage Rules
a) As a condition of your use of and access to the Service, you represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You represent, warrant, and agree to comply with these Usage Rules, which are provided as an example rather than as an exhaustive list, and any application or specific rule(s) published within the Service.
b) You agree that your use of, and conduct on, the Service will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You represent, warrant, and agree that you will not violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity.
c) You and your activities on the Service will not:
i) reveal any personal information about another individual, including but not limited to, another person's address, phone number, e-mail address, credit card number, social security number, or any information that may be used to track, contact, or impersonate that individual;
ii) attempt to impersonate any other party;
iii) create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
iv) trick, defraud, or mislead Lattner Entertainment and other users, especially in any attempt to learn sensitive information such as passwords or account information;
v) make improper use of Lattner Entertainment's support services or submit false reports of abuse or misconduct;
vi) engage in any commercial activities, including, without limitation, any attempt to raise money for anyone, or advertise or promote a product, service, website, pyramid scheme, or other multi-tiered marketing scheme;
vii) disparage, tarnish, or otherwise harm, in Lattner Entertainment's opinion, Lattner Entertainment and / or the Service;
viii) violate these Terms or any local, state, jurisdiction, or federal or international law, rule, or regulation, or any other requirements or restrictions posted by Lattner Entertainment on the Service;
ix) disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, or any other malicious or invasive code or program;
x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service and User Content;
xi) copy or adapt the Service software including but not limited to Flash, PHP, HTML, JavaScript or other code;
xii) reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Service;
xiii) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
xiv) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper, or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
xv) disguise the source of information you submit to the Service or use tools which anonymize your internet protocol address (e.g., anonymous proxy) to access the Service;
xvi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service.
3) Privacy and Protection of Personal Information
By using the Service, you consent to your personal information being processed consistent with Lattner Entertainment’s Privacy Policy and Boyd Gaming Corporation's Privacy Policy. By providing your personal information to us, you consent to the collection, use, storage, and disclosure of that information as described in Privacy Polices mentioned above, these Terms, and Boyd Gaming Corporation's Terms of Use (boydgaming.com). To obtain further information, you can email us: lattnerrewardslattnerrewardsprivacy@boydgaming.com attention to Lattner Entertainment. You may always opt-out of marketing and make other similar requests regarding your personal information. Please see our privacy policy for additional information.
When you complete Lattner Entertainment's registration process, you create a Lattner Entertainment account ("Account"). You may not reveal, share, or otherwise allow others to use your password or Account except as otherwise specifically authorized by Lattner Entertainment. You are responsible for the confidentiality of your login and password and for the security of your computing and mobile devices. Lattner Entertainment is not responsible for the use of your password and Account or for any of the communication and activity on the Service associated with your Account by you, by any person to whom you may have intentionally or negligently, disclosed your Account information in violation of this confidentiality provision, or by any other person who fraudulently used your Account without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must immediately email lattnerrewardsprivacy@boydgaming.com attention Lattner Entertainment.
Your Account, including any information pertaining to it, is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account. You acknowledge and agree that content you submit when using the Service are non-confidential, public communications and you have no expectation of privacy concerning your use of, or participation in, the Service (other than with respect to the information you provide to us in establishing your Account).
Lattner Entertainment is not liable for any information that you choose to communicate on or through the Service, or for the actions of any other users of the Service. You represent and warrant that you have all necessary rights in and to any materials that you communicate within the Service, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Lattner Entertainment and the other BGC Parties (as defined in Section 7 below), for all claims resulting from your submitted or communicated content.
4) Account Responsibility
a) In creating your Account through which you will access the Service, you agree to:
i) provide true, accurate, current, and complete information about yourself ("Registration Data"); and
ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
b) If you provide any information that is untrue, inaccurate, not current, or incomplete, or Lattner Entertainment has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Lattner Entertainment has the right to suspend or terminate your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof). Lattner Entertainment reserves the right to terminate inactive accounts.
5) Disputes With Others
We reserve the right, but have no obligation, to monitor and / or manage disputes between you and other users of the Service. If you have a dispute with other users, you release Lattner Entertainment and the other BGC Parties (as defined in Section 7 below) and hereby agree to indemnify, defend, and hold Lattner Entertainment and the other BGC Parties, harmless from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
6) Disclaimers; Limitations; Waivers of Liability
a) YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO THE TERMS WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER LATTNER ENTERTAINMENT, BGC NOR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, VENDORS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "BGC PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
b) TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY, ARISING OUT OF, OR RELATED TO THESE TERMS OR THE USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT, AND THAT THE BGC PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER RELATED TO OR ARISING OUT OF THE USE OF THESE TERMS, OR INABILITY TO USE THE SERVICE EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE BGC PARTIES' LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE BGC PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE BGC PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE BGC PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION, OF ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICE. THE BGC PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICE.
c) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BGC PARTIES SHALL NOT BE LIABLE FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE LATTNER ENTERTAINMENT’S CONTENT AND SERVICE INCLUDING, BUT NOT LIMITED TO, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL COMMERCIAL DAMAGES OR LOSSES.
d) IF YOU ARE A RESIDENT OF ANY JURISDICTION WITH LAWS OR REGULATIONS THAT LIMIT THE ABILITY OF PARTIES TO CONTRACTUALLY EXCLUDE, RESTRICT, MODIFY, WAIVE OR LIMIT CERTAIN RIGHTS OR REMEDIES, THIS SECTION DOES NOT EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED, WAIVED, LIMITED, OR MODIFIED.
7) Indemnification
You agree to defend, indemnify, and hold harmless, the BGC Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation, or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your Account(s), the Service, or these Terms. The BGC Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
8) Governing Law / Waiver of Injunctive Relief
a) This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of Nevada governing contracts entered into and to be fully performed in Nevada (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Clark County, Nevada, U.S.A., and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located in Clark County, Nevada, U.S.A.
b) You acknowledge that the rights granted, and obligations made, hereunder to Lattner Entertainment are of a unique and irreplaceable nature, the loss of which shall irreparably harm Lattner Entertainment, and which cannot be replaced by monetary damages alone so that Lattner Entertainment shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
9) Dispute Resolution by Binding Arbitration
PLEASE READ THIS "DISPUTE RESOLUTION BY BINDING ARBITRATION" PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE BGC PARTIES, INCLUDES A CLASS ACTION WAIVER PROVISION THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS, IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, AND REMAIN IN FULL FORCE AND EFFECT AFTER TERMINATION OF YOUR ACCOUNT(S), THE SERVICE, OR THESE TERMS.
DISPUTE RESOLUTION AND ARBITRATION: ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THIS AGREEMENT, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION.
OPT OUT RIGHT: YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS BELOW.
EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND THE BGC PARTIES AGREE TO RESOLVE ALL DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, NO MATTER WHEN SUCH DISPUTES, CLAIMS, OR CONTROVERSIES AROSE OR ARISE. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THESE TERMS (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE CONCERNING THE BREACH, ENFORCEMENT, CONSTRUCTION, VALIDITY, INTERPRETATION, ENFORCEABILITY, OR ARBITRABILITY, OF THESE TERMS); OR (iii) YOUR ACCESS TO OR USE OF THE SERVICE AND / OR YOUR ACCOUNT. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU AND THE BGC PARTIES WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Any election to arbitrate by one party shall be final and binding on the other. You and the BGC Parties, agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services ("JAMS"), as modified by these Terms. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act.
If you assert a dispute as a consumer, you will only be required to pay $250 of the fees charged by JAMS in connection with any arbitration under this section, and the BGC Parties will bear all other costs charged by JAMS or the arbitrator, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. You will be responsible for paying your own attorneys' costs and fees.
The arbitration may be conducted in person in Clark County, Nevada, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. With the exception of class procedures and remedies as discussed below, the arbitrator shall have the authority to grant any remedy that would otherwise be available in court. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and the BGC Parties, may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment, on the award entered by the arbitrator.
You and the BGC Parties, shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary hearing, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. Notwithstanding the proceeding statement, in a court application for a preliminary hearing, a judicial challenge to an award or its enforcement, You, and the BGC Parties, shall maintain, to the furthest extent possible, the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing.
You and BGC Parties agree that the following disputes are not subject to the above provisions concerning binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or the BGC Parties' intellectual property rights; and (2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
YOU MAY OPT OUT OF THIS ARBITRATION PROVISION ONLY BY WRITTEN NOTICE VIA U.S. MAIL, OR BY ANY NATIONALLY RECOGNIZED DELIVERY SERVICE (E.G., UPS, FEDERAL EXPRESS, ETC.) TO BOYD GAMING CORPORATION, ATTN: LATTNER ENTERTAINMENT BUSINESS AFFAIRS AND LEGAL COUNSEL, 6465 S. RAINBOW BLVD. LAS VEGAS, NV 89118 U.S.A. YOU MUST SEND SUCH NOTICE WITHIN THIRTY (30) DAYS OF YOUR ACCEPTANCE OF THESE TERMS. YOU MUST HAND-SIGN AND DATE THE NOTICE, AND INCLUDE IN IT YOUR NAME, PHYSICAL ADDRESS, EMAIL ADDRESS(ES) ASSOCIATED WITH YOUR ACCOUNT(S), AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH THE BGC PARTIES WITH RESPECT TO THE SERVICE OR THESE TERMS THROUGH ARBITRATION. IF YOU DO NOT FOLLOW THIS PROCEDURE BY YOUR THIRTY (30) DAY DEADLINE TO DO SO, THEN YOU AND THE BGC PARTIES SHALL BE BOUND BY THE TERMS OF THIS SECTION ENTITLED "DISPUTE RESOLUTION BY BINDING ARBITRATION."
If any portion of this section entitled "Dispute Resolution by Binding Arbitration" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
CLASS ACTION WAIVER: THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE BGC PARTIES. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE BGC PARTIES BY SOMEONE ELSE. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOUAND THE BGC PARTIES, AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF JAMS'S PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY'S INDIVIDUAL CLAIM. YOU AND THE BGC PARTIES ARE WAIVING RESPECTIVE RIGHTS TO PARTICIPATE IN ANY PAST, PENDING, OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND THE BGC PARTIES ALSO AGREE NOT TO SEEK TO COMBINE ANY ACTION OR ARBITRATION WITH ANY OTHER ACTION OR ARBITRATION WITHOUT THE CONSENT OF ALL PARTIES TO THIS AGREEMENT AND ALL OTHER ACTIONS OR ARBITRATIONS.
10) Mobile Terms and Conditions
Service Description: Lattner Entertainment offers a recurring SMS text alert program. Upon joining, you may receive an initial text to confirm your participation in the program. Once enrolled, you may receive recurring text messages with special offers and upcoming event promotions. If you agree, Lattner Entertainment may also use your mobile phone's location to send you recurring news, updates, promotions and exclusive mobile offers based on your location. You can opt out at any time by texting STOP, QUIT, CANCEL, END or UNSUBSCRIBE back to the number we send the text from for that particular SMS Message program. When we receive an opt-out message from you for SMS messages, we may send a message confirming our receipt of your opt-out. You may also opt out of receiving SMS messages by contacting lattnerrewardslattnerrewardsprivacy@boydgaming.com.
Data Rates & Charges: Your carrier's standard message and data rates may apply. A wireless service provider may charge for each text message that is sent or received. Message and data charges may appear on your phone bill or be deducted from your prepaid account. Consult your service provider for information about your pricing plan. Messages sent or received include: Confirmation messages sent or responses received; HELP messages sent and responses received; STOP messages sent and confirmation messages received; UNRECOGNIZABLE messages received.
Subscriber Requirements & Limitations: Each subscriber must use his or her own wireless device capable of two-way messaging and use a participating carrier with a telephone area code within the 50 United States or the District of Columbia. You must be 21 or older to use this service.
SMS Service: The service is offered on an “as is” basis, and: (1) may not be available in all areas at all times; (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier; (3) administrators are not responsible for damages from use of the service; (4) we may change or discontinue the service without notice or liability to you; and (5) we may impose charges at any time with prior notice to you, and your failure to agree to the charges will result in discontinuation of the service.
The BGC Parties are not responsible and shall not be liable for any losses or injuries of any kind resulting from technical or other failures or delays of any kind, any damage to any computer or device, or any other loss directly or indirectly related to participation in this service. We reserve the right to cease delivery of messages at any time in our sole discretion.
11) Waiver/Severability
a) The failure of Lattner Entertainment to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Lattner Entertainment's right to assert or rely upon any such provision or right in that or any other instance.
b) You and Lattner Entertainment agree that if any portion of these Terms is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
12) Miscellaneous
a) Lattner Entertainment operates and controls the Service from its offices in the United States. The Services are designed and intended for users in Illinois and the United States where the Services are legally permitted. Persons outside of permitted jurisdictions must not use the Services, and we do not knowingly allow persons from outside the permitted jurisdictions to register to use the Services. You understand, acknowledge, and agree, that the Service may only be accessed from permitted jurisdictions and all other use is prohibited. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Lattner Entertainment to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
b) Excluding Sections 7 and 9 above, your rights and privileges under these Terms are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, Lattner Entertainment, or any other web site, or source. The rights and privileges granted to you under these Terms will terminate immediately and automatically without notice from Lattner Entertainment if, in our sole discretion, you fail to comply with any term or provision of these Terms.
c) Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time without any notice to you.
d) You may not assign these Terms without Lattner Entertainment's prior written consent.
e) These Terms contain the entire understanding of you and Lattner Entertainment and supersede all prior understandings of the parties hereto relating to the subject matter hereof, cannot be changed or modified by you, and can only be modified as posted on the Service by Lattner Entertainment.
f) Except as may otherwise be provided in these Terms, if any provision of these Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
g) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
h) The section headings used herein are for convenience only and shall not be given any legal import.
i) Upon Lattner Entertainment's request, you will furnish Lattner Entertainment any documentation, substantiation, or releases, necessary to verify your compliance with these Terms.
j) You agree that these Terms will not be construed against Lattner Entertainment by virtue of having drafted them.
k) You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
13) Statute of Limitations
You and Lattner Entertainment both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
14) Ownership of Intellectual Property
a) Unless otherwise specified in writing, the Service’s entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), is owned by Lattner Entertainment, BGC, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property and proprietary rights laws. Lattner Entertainment, the BGC and Lattner Entertainment logos, and all names are trademarks owned or licensed by BGC or Lattner Entertainment and may not be used without the express written permission of BGC or Lattner Entertainment.
b) We do not grant you, and you do not acquire any ownership rights by using the Service, downloading material from, or uploading material to, the Service.
c) You agree not to copy, redistribute, publish, or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Lattner Entertainment.
d) All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Lattner Entertainment in connection with the use of the Service shall be the exclusive property of Lattner Entertainment. You agree that unless otherwise prohibited by law, Lattner Entertainment may use, sell, exploit, and disclose the Ideas in any manner, without restriction and without compensation to you.
e) Lattner Entertainment takes the protection of its copyrights very seriously. If we discover that you used or are using our copyrighted materials in contravention of the license above, we may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of our copyrighted materials that contravenes or may contravene the license above, please report this to us:
Mailing Address: Boyd Gaming Corporate Office
ATTN: Lattner Entertainment
6465 S. Rainbow Blvd.
Las Vegas, NV 89118