ACCEPTANCE OF TERMS
Updated: May 6th, 2022
NEITHER APPLE INC. NOR GOOGLE, INC. IS A SPONSOR OF THE OFFERINGS, OR AFFILIATED WITH JACK ENTERTAINMENT IN ANY WAY.
The Offerings are available worldwide to anyone with Internet access, but participation in certain activities provided through the Offerings is restricted in certain circumstances, based on factors such as age and location. We are based in the United States. Access to the Offerings may not be legal by certain persons or in certain other countries. If you access the Offerings from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We make no claims that the Offerings or their content is accessible or appropriate outside of the United States.
INCORPORATION OF OTHER TERMS AND CONDITIONS
ACCOUNTS AND REGISTRATION
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Offerings or portions of them using your user name, password or other security information. You are responsible for all activity conducted under your access credentials.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
INTELLECTUAL PROPERTY RIGHTS
The Offerings and their entire contents, features and functionality (including but not limited to all information, software, text, displays, graphics, images, illustrations, photographs, video, audio and other materials and the design, selection and arrangement thereof) (the “Content”), are owned either by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The JACK names, logos, images as well as any other JACK service or product names or logos displayed on the Offerings or a website of its affiliates or licensees, are registered trademarks and service marks of JACK Entertainment LLC or its wholly owned subsidiary. The following is a list of all trademarks and registered trademarks and service marks owned by JACK Entertainment LLC or its wholly owned subsidiaries: JACK ENTERTAINMENT®, JACK CLEVELAND CASINO®, JACK THISTLEDOWN RACINO®, JACK RACINO®, JACK & Design®, J Spade (stylized) ®, A Diamond (stylized) ®, C Club (stylized) ®, K Heart (stylized) ®, CLUB JACK®, CLUBJACK®, BETJACK®, PLAYJACK YOUR FAVORITE GAMES ONLINE & Design®, SEVEN CHEFS®, MILLCREEK GRILLE®, NONNA PAZZA®, AMERICAN BURGER BAR (logo)®, BEV & Design®, JACK POINTS®, CLE & HEART®, BANK YOUR BONU$®, LUCKY ENVELOPE®, EXTRA EARNINGS®, PRIME PLAYERS WEDNESDAYS®, MILITARY MONDAYS®, OH-HI-LO®, REVEAL YOUR RICHES®, SYNERGY TABLE GAMES & Design®, JACK JACK & Design®, HOT HAND DICE & Design®, and VIRTUAL PLAYERS CARD®. The list is not a comprehensive listing of every trademark or service mark held by JACK Entertainment LLC or its subsidiaries, nor does it constitute a waiver for trademarks or service marks excluded.
Certain products, services, or company designations for companies other than us may be mentioned on the Offerings for identification purposes only.
Third party trademarks, trade names, logos, product or services names contained on the Offerings are the trademarks, registered or unregistered, of their respective owners.
LINKING TO THE OFFERINGS AND CERTAIN SOCIAL MEDIA FEATURES
You may link or hyperlink any publicly available page of the Offerings to a website that is owned by you, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Offerings may provide certain social media features that enable you to:
- link from your own or certain third-party websites to certain content on the Offerings;
- send e-mails or other communications with Content, or links to Content, on the Offerings; and
- cause limited portions of the Content on the Offerings to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the Content with which these features are displayed and otherwise in accordance with any additional terms and conditions we provide with respect to such features. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with our Acceptable Use Policy.
TERMINATION OR MODIFICATIONS TO OFFERINGS
We reserve the right to modify or terminate your access to the Offerings (or portions of the Offerings) at any time, temporarily or permanently, with or without notice to you. From time to time, we may restrict access to some parts of the Offerings, or the Offerings in their entirety, to users, including registered users, or charge fees for access to portions of the Offerings without notice or liability. We will not be liable if for any reason all or any part of the Offerings is unavailable at any time or for any period. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Offerings or portions of the Offerings.
LINKED OFFERINGS AND THIRD-PARTY CONTENT, PRODUCTS AND SERVICES
As a convenience to you, the Offerings may provide links to websites and access to material, products and services of third parties, including without limitation, our third-party business partners and licensors and each of our and their respective affiliates, licensees, successors and assigns with which our connection consists of only a hyperlink, including links contained in advertisements, including banner advertisements and sponsored links (“Linked Services”).
We do not author, edit or monitor these Linked Services. We have no control over the contents of those Linked Services, and accept no responsibility for them or for any loss or damage that may arise from your use of them or in your dealings with any third parties found on or through the Offerings. The inclusion of any link on the Offerings does not imply endorsement of the Linked Services by us or vice versa.
The Offerings may include content provided by third parties, including Content, User Contributions and Submissions and other information and materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services (“Third-Party Content”). All statements and/or opinions expressed in such Third-Party Content, and all articles and responses to questions and other content relating to any such Third-Party Content are solely the opinions and the responsibility of the person or entity providing those materials. Third Party Content does not necessarily reflect our opinion. In addition, we do not warrant the accuracy, completeness or usefulness of any Third-Party Content made available on or through the Offerings. Any reliance you place on such Third-Party Content is strictly at your own risk. We are not responsible, or liable to you or any third party, for the content or accuracy of any Third-Party Content. We disclaim all liability and responsibility arising from any reliance placed on such Third-Party Content by you or any other visitor to the Offerings, or by anyone who may be informed of any of such Third-Party Content.
Although we try to provide complete, accurate, up-to-date information on our Offerings, it is not possible to ensure that any website is completely free of human or technological errors. The Offerings may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Offerings will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Offerings for any reconstruction of the lost data.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE OFFERINGS AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, ITEMS AND SERVICES PROVIDED ON THE OFFERINGS ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
NEITHER WE NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH US MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO: (i) THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE OFFERINGS; (ii) COMPUTER MALFUNCTIONS, NOR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAMES BY METHODS, MEANS OR WAYS NOT INTENDED BY US; OR (iii) LOST, LATE, ILLEGIBLE, INCOMPLETE, DAMAGED, MUTILATED, MISDIRECTED OR POSTAGE DUE ON MAIL OR ANY OTHER FORM OF COMMUNICATION.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH US REPRESENTS OR WARRANTS THAT: (A) THE OFFERINGS WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS OR ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, ITEMS OR SERVICES OFFERED THROUGH THE OFFERINGS WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, ITEMS OR SERVICES OBTAINED BY YOU THROUGH THE OFFERINGS WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR ANY OF OUR THIRD-PARTY BUSINESS PARTNERS, LICENSORS OR AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, THE OFFERINGS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE OFFERINGS OR SUCH OTHER WEBSITES OR ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH THE OFFERINGS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE (INCLUDING NEGLIGENCE AND STRICT LIABILITY), EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE SHALL NOT HAVE ANY LIABILITY WITH RESPECT TO (i) TECHNICAL, HARDWARE, SOFTWARE, TELEPHONE FAILURES OF ANY KIND; (ii) LOST OR UNAVAILABLE NETWORK CONNECTIONS; (iii) INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; OR (iv) ANY TECHNICAL OR HUMAN ERROR THAT MAY OCCUR IN THE PROCESSING OF SUBMISSIONS, WHICH MAY LIMIT YOUR ABILITY TO PARTICIPATE IN THE OFFERINGS, WHETHER CAUSED BY US, BY YOU OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROVISION OF THE GAMES AND THE OFFERINGS.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. IF APPLICABLE, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
GOVERNING LAW AND JURISDICTION
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE DETERMINED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES (“COMMERCIAL RULES”). THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL, NON-REVIEWABLE, AND NON-APPEALABLE AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, AND ANY COURT WHERE A PARTY OR ITS ASSETS IS LOCATED (TO WHOSE JURISDICTION THE PARTIES CONSENT FOR THE PURPOSES OF ENFORCING THE AWARD). JUDGMENT ON THE AWARD SHALL BE FINAL AND NON-APPEALABLE. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR THE ARBITRATOR(S) MAY DISCLOSE THE EXISTENCE, CONTENT OR RESULTS OF ANY ARBITRATION WITHOUT THE PRIOR WRITTEN CONSENT OF BOTH PARTIES, UNLESS TO PROTECT OR PURSUE A LEGAL RIGHT. THE SEAT OR PLACE OF ARBITRATION SHALL BE CLEVELAND, OHIO. THE ARBITRATION SHALL BE CONDUCTED AND THE AWARD SHALL BE RENDERED IN THE ENGLISH LANGUAGE.
CLASS ACTION WAIVER
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING OR CLAIMS (SUCH AS A CLASS ACTION, CONSOLIDATED ACTION OR PRIVATE ATTORNEY GENERAL ACTION) UNLESS BOTH YOU AND WE SPECIFICALLY AGREE TO DO SO FOLLOWING INITIATION OF THE ARBITRATION. NEITHER YOU, NOR ANY OTHER USER OF THE OFFERINGS CAN BE A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT YOU AND WE ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. IN THE ABSENCE OF THIS PROVISION, YOU AND WE MIGHT OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING DISPUTES IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS). EXCEPT AS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS THE RIGHT TO APPEAL AND TO CERTAIN TYPES OF DISCOVERY, MAY BE MORE LIMITED OR MAY ALSO BE WAIVED.
LIMITATION ON TIME TO FILE CLAIMS
ACKNOWLEDGEMENT AND ENTIRE AGREEMENT
WAIVER AND SEVERABILITY
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