Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE TREASURE VALLEY CASINO & HOTEL WEBSITE AND ITS SERVICE. BY USING THESE SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.
Treasure Valley Casino and Hotel is a licensed gaming facility, fully owned and operated by the Chickasaw Nation, a federally recognized sovereign and self-governing American Indian Nation (“Nation” or “we”/”us”). The Treasure Valley Casino and Hotel website and service (“Service”) is fully owned and operated by the Chickasaw Nation Department of Commerce (“CNDC”), an executive agency of the Nation.
The following terms and conditions (“Terms of Use”) form a binding agreement between You, the user (“you”), and the Nation. Please read these Terms of Use carefully. By accessing the Service, using the Service, and/or creating an account with the Service, you agree to be bound by these Terms of Use, all applicable laws and regulations (including the laws of the Nation), and you represent and warrant that (1) you have read, understand and agree to be bound by these Terms of Use, (2) the information you submit is truthful and accurate, (3) your use of the Service does not violate any applicable laws or regulations, (4) you are of legal age to form a binding contract with us and (5) you have the authority to enter into these Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use the Service.
Use License. We grant you permission to temporarily download the Service and its Materials for your personal, non-commercial transitory viewing only. “Materials” means any information, content, texts, video, animation, photos, images, links to external resources, and other content access to which you obtained access by using the Service.
Prohibited Activities. This is the grant of a temporary license, not a transfer of title, and under this temporary license you agree that in connection with your use of the Service you will not:
- Modify or copy the Materials, or any portion of the Materials;
- Use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on the Service;
- Remove any copyright or other proprietary notations from the Materials;
- Transfer Materials to another person or “mirror” the Materials on any other server;
- Frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form); or
- Use any meta tags or any other “hidden text” utilizing our name or trademarks.
Right to Terminate or Discontinue the Service. The temporary license shall automatically terminate if you violate any of these restrictions. Without limited any other provision of these Terms of Use, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Service to you for any reason or for no reason at all, as permitted by applicable law. Upon terminating your access to or viewing of the Materials or upon termination of this license, you must destroy any downloaded Materials in your possession whether electronic or printed format. The Service, features and links to other websites, affiliates, or applications is owned and operated by us. We have the right to change or discontinue the Service, or any aspect or feature of the Service at any time.
Changed Terms. We may occasionally modify or supplement these Terms of Use. Revised Terms of Use will be effective upon posting on Nation websites. Please regularly review the Terms of Use in the event they have changed. Your continued use of the Service following the posting of changes to the Terms of Use means that you accept the changes and that you will use the Service in accordance with the revised Terms of Use.
Intellectual Property Rights. All of the Materials and the trademarks, service marks, and logos (“Marks”) contained on the Service are owned by or licensed to us and are subject to United States and international copyright and other intellectual property laws. We retain all copyright, trademark and other intellectual property rights to the Materials and Marks contained in the Service. All software used on the Service is our property or the property of our service provider or its suppliers and protected by United States and international copyright and other intellectual property laws. We reserve all rights in and to the Materials and Marks. The Service is provided for your information and personal use only. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works or in any way exploit, any of the Materials or Marks, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded Materials or Marks will be permitted without the express written permission of the Nation.
Privacy Policy. In connection with your use of the Service, please review our Privacy Policy to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to the Terms of Use, you also agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
Equipment. Unless you have contracted with us to the contrary, you shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Service and all charges related thereto.
Rewards Program. You are not required to become a Rewards card member in order to visit and browse the Service, or to make reservations through the Service at the hotels or entertainment facilities that are owned, operated or managed by the Nation. However, you will not be able to access all of the information, offers and promotions provided in connection with the Treasure Valley Casino and Hotel Rewards Program unless you become a member.
Disclaimer of Warranty. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER THE NATION, ITS AFFILIATES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY, RELIABILITY OF ANY INFORMATION, SERVICE, PROMOTION OR MERCHANDISE PROVIDED THROUGH THE SERVICE.
THE SERVICE IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPACLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE ANY MATERIALS TO BE ACCURATE, USEFUL OR NON-HARMFUL.
WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURANCIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, MANAGERS, MEMBERS, PARTNERS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
Limitation of Liability. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CASUED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN FAILURE, THEFT OF DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMIATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. THIS DOES NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT THE NATION IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH WE HAVE NO CONTROL.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE NATION’S TOTAL LIABLITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED TEN DOLLARS, IF ANY, FOR ACCESSING THE SERVICE. THIS DOES NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, ANY MATERIALS OR OTHER CONTENT THEREIN.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment, telephone or other property on account of your access to, use of, or browsing the Service or your downloading of any Materials, data, text, images, video, or audio from the Service.
Indemnification. You agree, at your expense, to indemnify, defend and hold harmless, the Nation, its officers, employees, and agents, including any of our entities, from and against any claims, suits, actions, judgments, costs, demands, loss, damage, or any other expense whatsoever, including attorneys fees and costs, arising out of, or relating to or in connection with (1) your use of the Service, (2) the content of any materials or information you submit, (3) any violation of applicable law or regulation by you, and (4) these Terms of Use.
Governing Law and Venue. These Terms of Use shall be governed by and construed in accordance with the laws, guidelines, resolutions, and ordinances, of the Nation. State law shall not be applicable, nor shall disputes be subject to any authority outside the Nation. By accessing the Service, you affirmatively consent to the exclusive jurisdiction of the Nation’s courts for all purposes relevant to your use of the Service.
Sovereign Immunity. Nothing contained in these Terms of Use shall be construed to waive the Nation’s sovereign rights and immunities as shared with our officers, employees and agents. By these Terms of Use, the Nation hereby expressly retains, without limitation, its sovereign immunity from unconsented suit.
Nation’s Marks. The corporate trade names, trademarks, service marks, logos or other proprietary symbols and artwork of the Nation, our affiliates, or entities appearing on the Service, shall be and remain the sole and exclusive property of the Nation and our licensees, and you have no right, title or interest in the same.
Other Trademarks. All other trademarks appearing on the Service are the property of their respective owners.
Independent Contractor. Nothing in these Terms of Use shall be construed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between the Nation and you.
Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of the applicable right or provision.
Severability. These Terms of Use operate to the fullest extent permissible by applicable law. If any provision or part of a provision of these Terms of Use is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Dispute Resolution; Binding Individual Arbitration
PLEASE READ THIS SECTION CAREFULLY. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION.
- Agreement to Arbitrate
You and The Chickasaw Nation agree that any dispute, claim, or controversy arising out of or relating in any way to your use of our digital properties, website tracking technologies, privacy disclosures, data processing practices, or communications (including email, phone, or SMS/text solicitations) shall be resolved exclusively through final and binding individual arbitration under the consumer arbitration rules of AAA, rather than in a court of general jurisdiction. The arbitration shall be conducted in Pontotoc County, Oklahoma (or such other location as the parties may mutually agree). The arbitrator shall have exclusive authority to resolve challenges to the validity or enforceability of this arbitration clause; provided, however, that notwithstanding the foregoing, a court of competent jurisdiction shall have final and definitive authority to resolve any challenges or determinations with respect to the validity or enforceability of the Class Action Waiver (as defined below). The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Information about AAA and its rules, including applicable fee schedules, is available at https://www.adr.org/rules-forms-and-fees/consumer/. Payment of all filing, administration, and arbitrator fees shall be governed by the applicable arbitration rules. The arbitrator may award attorneys’ fees and costs to the prevailing party if authorized by applicable law or the arbitration rules.
You may opt out of this arbitration provision by sending written notice to The Chickasaw Nation at website@chickasawoptout.com within 30 days of your first acceptance of these Terms. If you opt out, you and The Chickasaw Nation agree to submit to the exclusive jurisdiction of the state and federal courts located in Pontotoc County, Oklahoma.
- Class Action Waiver
YOU AND THE CHICKASAW NATION WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN (AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ADJUDICATE) ANY CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE CLAIM (THE “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SUBSECTION LIMITS THE APPLICABILITY OF THE MASS ARBITRATION PROCEDURES SET FORTH BELOW.
IF A COURT OF COMPETENT JURISDICTION FINDS THE CLASS ACTION WAIVER UNENFORCEABLE IN ANY RESPECT, THEN THE UNENFORCEABLE PORTION OF THE CLASS ACTION WAIVER SHALL BE SEVERABLE FROM THESE TERMS, BUT THE REMAINDER OF THESE TERMS SHALL BE BINDING AND ENFORCEABLE. TO THE EXTENT THAT THERE ARE ANY CLAIMS TO BE LITIGATED IN A CIVIL COURT OF COMPETENT JURISDICTION BECAUSE A CIVIL COURT OF COMPETENT JURISDICTION DETERMINES THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE WITH RESPECT TO SUCH CLAIMS, THE CHICKASAW NATION AND YOU AGREE THAT LITIGATION OF THOSE CLAIMS SHALL BE STAYED PENDING THE OUTCOME OF ANY INDIVIDUAL CLAIMS IN ARBITRATION.
- Waiver of Jury Trial
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE CHICKASAW NATION IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, INCLUDING OUR DIGITAL PROPERTIES, WEBSITE TRACKING TECHNOLOGIES, PRIVACY DISCLOSURES, DATA PROCESSING PRACTICES, OR COMMUNICATIONS.
- Mass Arbitration Procedures
If 25or more substantially similar arbitration demands are filed against The Chickasaw Nation within a 90-day period by the same or coordinated counsel (“Mass Arbitration”), then the claims shall proceed in accordance with the AAA mass arbitration rules.
- Pre-Arbitration Dispute Resolution Protocol
Before initiating arbitration, the claimant must first send a written Notice of Dispute describing the nature and basis of the claim and the specific relief sought. You and The Chickasaw Nation agree to negotiate in good faith for a period of at least thirty (30) days following receipt of the notice. If the dispute is not resolved within thirty (30) days, either party may initiate binding individual arbitration administered by AAA under its consumer arbitration rules.
- Severability
If any portion of this Class Action Waiver or Arbitration agreement is held to be unenforceable or invalid, this portion shall be severed, and the remaining portions of this agreement shall continue in full force and effect.
Complete Agreement. These Terms of Use constitute the entire agreement between you and the Nation with respect to the Service, and supersedes all previous written or oral agreements between you and the Nation with respect to your use of the Service.
Questions. If there are any questions regarding these Terms of Use, you may contact us using the information below.
Treasure Valley Casino and Hotel
