Last Revised: 29 June 2021
This Terms and Conditions of Use Agreement (“Agreement”) is between Gold Rush Amusements, Inc. (“Company,” “we,” “our”) and you (“You” or “Your”) and is a legal agreement between You and Company. This Agreement is effective as of the date You access the Company Platforms or Services as each is defined and discussed in this Agreement.
This Agreement states the terms and conditions, as applicable, to the following technologies (collectively, “Platforms”) we provide, specifically:
- Website. Our website at: https://www.goldrushgaming.com/, as well as any websites and blogs directly owned by the Company (the “Website”).
- Kiosks. When You participate in our rewards program on a kiosk, tablet or other device (a “Kiosk”) at a participating licensed location (“Licensed Locations”).
This Agreement also applies, when applicable, to various services we provide You when You participate in Company surveys, participate in our rewards program or any other “Service” as defined in any other Company agreement, rule or regulation (collectively, “Services”).
These Terms include an arbitration clause. Please read the Terms carefully before you start to use the Platforms or Services.
Please read this Agreement carefully before accessing and using the Platforms or Services.
- By using and accessing the Platforms, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement. If You do not accept this Agreement, You may not access or use the Platforms.
- By using the Services, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement and any other terms, rules or regulations applying to the Services (“Service Rules”). If, at any time, the terms and conditions of any Service Rules conflict with the terms of this Agreement, the Service Rules shall take precedence and govern.
- Access and Use of the Platforms. Company hereby grants You a non-exclusive right to access and use the Platforms owned, operated and made publicly available by Company solely for Your personal use. The Platforms are provided to You solely for informational purposes and the purposes of enabling communication between You and Company. The information is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services. The Platforms are solely for browsing, viewing and accessing information for personal and non-commercial use, subject to the terms and conditions of this Agreement. Your right to access and use the Platforms shall be limited to non-commercial purposes unless You are otherwise expressly authorized by Company to use the Platforms for commercial purposes.
You agree to use the Platforms and Services only for lawful purposes, comply with all rules governing any transactions on and through the Platforms and Services and comply with applicable laws.
- User Account Responsibility. If You are given or create a password or unique PIN to access the Platforms or Services, You are responsible for maintaining the confidentiality of your account and your password or PIN. You are responsible for all activities that occur under Your account and You agree to notify Company immediately of any unauthorized use of Your account. Company is not responsible for any loss that You may incur as a result of any unauthorized person using Your account or Your password or PIN.
- Prohibited Uses.
- You shall not copy or download any content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features (“Content”) or any third-party Content from the Platforms or Services without the prior written consent of Company. You shall not modify, reverse engineer, reproduce, copy, display, publicly perform or distribute, including (without limitation) by framing or similar means, the Platforms, Content or third-party Content or use the Platform, Services, Content or third-party Content for public or commercial purposes. You shall not use the Platforms, Services, Content or third-party Content on any other website or application without Company’s written authorization to do so.
- You agree not to use or launch any automated system or technology, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Platforms in a manner that sends bulk requests to the Website or any associated Platform servers. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy Content from the Website for the sole purpose of creating publicly available searchable indices of the Website, provided such spiders do not cache or archive versions of the Website. Company reserves the right to revoke these exceptions either generally, or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Platforms or Services, nor to use the communication systems provided by the Platforms or Services for any commercial solicitation purposes. You agree not to solicit, for any purpose, any users of the Platforms or Services.
- You agree You will not:
- Use any device, software, or routine that interferes with the proper working of the Platforms or Services;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Platform, Services or users of the Platform or Services;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platforms, the server on which the Platforms are stored, or any server, computer, or database connected to the Platforms;
- Attack the Platforms via a denial-of-service attack or a distributed denial-of-service attack;
- Impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
- Obtain or attempt to obtain any materials or information through the Platforms or Services by any means not intentionally made available or provided by Company; or
- Otherwise attempt to interfere with the Services or proper working of the Platforms.
- Platforms and Intellectual Property Ownership. Title to the Platforms and Content (excluding third-party Content) including ownership rights to patents, copyrights, trademarks and trade secrets in connection with the Platforms, Services and Content shall be the exclusive property of Company.
- Intellectual Property Notices. Company does not permit infringement of intellectual property rights on the Platforms or Services. After proper diligence, Company will remove all Content or third-party Content if properly notified that such Content or third-party Content infringes on another’s intellectual property rights. Company reserves the right, in its sole discretion, to decide whether Content or third-party Content is appropriate for the Platforms or Services.
- Trademarks. Company shall retain all rights, title and ownership interests in the trademarks, trade names, service marks or trade dresses of Company (the “Company Marks”). Excepting the Company Marks, all other product and company names mentioned on the Platforms or Services may be the trademarks of their respective owners. These companies may or may not be affiliated with, connected to, or sponsored by Company.
- No Contest. You acknowledge that the Platforms, Services, Content and third-party Content are protected under laws, including (without limitation) United States of America and international laws and treaties. Except as otherwise provided for in this Agreement, You shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of Company in connection with the Platforms, Services and Content.
- Third-party Applications. You acknowledge that Your access and use of any third-party applications or software on the Platforms and Services (the “Third-party Applications”) is at Your discretion and risk, and the Company has no liability to You arising from Your use of the Third-party Applications. The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and You agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-party Applications.
- Inaccuracies and Omissions. You acknowledge that the Platforms and Services may contain errors, inaccuracies and omissions and assume any and all risk of loss, harm or damage associated with access to and use of the Platforms and Services.
- United States Only. Company is based in the state of Illinois in the United States. Company provides the Platforms and Services for use only by persons located in the United States. We make no claims that the Platforms and Services or any of its contents are accessible or appropriate outside of the United States. Access to the Platform and Services may not be legal by certain persons or in certain countries.
- Warranties. You acknowledge and agree that Company (including officers, employees, agents, directors and independent contractors of Company) has not made or granted to You any express warranties concerning the Platforms or Services. Use and performance of any products and services referenced on the Platforms or Services are subject to the applicable Company terms and conditions concerning such products and services as made available by Company. You acknowledge that the Platforms or Services do not constitute a grant of an express or implied warranty concerning any products and services and You waive all claims of warranty based on the Platforms or Services.
- Warranty Limitation. The Platforms or Services are provided “as is” without warranty of any kind. Company, to the fullest extent permitted by law, DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY and warranty of non-infringement of third-party rights. Company does not warrant and You waive any warranty that use of or access to the Platforms or Services by You will be uninterrupted or error free. Company does not make any warranty and You waive any and all warranties as to the results obtained from use of the Platforms or as to the accuracy, completeness, timeliness or reliability of the Platforms or Services. You acknowledge and agree that use of the Internet and the Platforms or Services shall be at Your sole and exclusive risk and subject to the restrictions, terms and conditions, rules, regulations, policies AND applicable laws governing the Internet and the Platforms or Services.
- Limitation of Liability. Company shall not be liable for any lost profits or consequential, exemplary, incidental or punitive damages hereunder (including, without limitation, in connection with (i) use, performance or operation of the Platforms; (ii) use, performance or operation of the Internet or use of the Internet by You; and (iii) loss of data, regardless of the form of action, whether in contract or in tort, including negligence, regardless of whether Company has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable. By accessing the Platforms or Services subject to this Agreement, You understand that You are waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, You acknowledge that You have read and understood, and hereby expressly waive, the benefits of section 1542 of the civil code of California and any similar law of any state, country or territory, which provides as follows: “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 MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- Limitation of Damages. The liability of Company for any reason and for any cause of action whatsoever in connection with this Agreement and the Platforms, regardless of the form of action, whether in contract or in tort, including negligence, shall not exceed one hundred U.S. Dollars ($100).
- Indemnity. You agree to release, defend, indemnify and hold harmless Company (including its officers, directors, employees, affiliates, contractors and agents) against any expense, loss, cost or liability (including, without limitation, attorney fees) arising from any and all claims, demands, damages or actions resulting from or related to (i) use of the Platforms or Services or the Internet by You (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the Platforms or Services, (iii) Your negligence or acts (or any failure to act); or (iv) any breach by You of Your obligations under this Agreement.
- Export Assurance. You agree not to perform any act in conflict with or in violation of the export laws and regulations of the United States of America.
- Arbitration. At its sole discretion, the Company may require you to submit any disputes arising from use of the Platforms and Services, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law. By using the Platforms and Services, you hereby consent to submission of any dispute to be final and binding arbitration.
- Limitation on Time to File Claims. Any cause of action or claim You may have arising out of or relating to these Terms or the Platforms and Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
- Severability. If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
- Notices to You. Notices to You shall be deemed delivered when delivered to You electronically via email, by commercial overnight delivery service, by Certified or Registered Mail – Return Receipt Requested – or by hand. Notices delivered to You electronically (including, without limitation, email) shall be deemed written notices.
- Notices to Company. All notices shall be in writing. Notices to Company shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail – Return Receipt Requested – or by hand to the following address:
Gold Rush Amusements, Inc.
Attn: Gold Rush Gaming
- Equitable Remedies. You acknowledge and agree that damages at law will be an inadequate remedy to Company. In addition to other rights which may be available, Company shall have the right of specific performance, injunction or other equitable remedy in the event of a breach or threatened breach of this Agreement by You.
- Waiver. Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
- No Partnership and Assigns. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Company as a result of this Agreement or use of the Platforms or Services. You may not assign this Agreement without the prior written consent of Company in all instances. Company may assign this Agreement, in whole or in part, at any time.
- Litigation Expense. In the event of litigation or arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration.
- Termination and Restriction on Access. In its sole discretion, the Company may terminate or suspend your access to the Platforms for breach of these Terms. The Company shall not be liable for any losses or damages arising from any such termination.
- Governing Law & Jurisdiction. This Agreement and all matters relating to the Agreement, including any dispute or claim arising from the Agreement, shall be governed by the laws of the State of Illinois, without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction. Any legal suit, action, or proceeding arising out of, or related to, this Agreement, the Services or the Platforms shall be instituted exclusively in the federal or state courts located in Cook County, Illinois. You waive all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
- Invalid or Unenforceable Provisions. If any provision of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect.
Company Contact Information. Questions can be directed to the Company at: firstname.lastname@example.org