1. Conditions for Use of the Site
The Site is offered subject to your acceptance without modification of this Agreement. By accessing or using the Site, you agree to be bound by all of the terms and conditions of the Agreement as such terms and conditions may be modified by us from time to time in our sole discretion. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT WITHOUT MODIFICATION, THEN YOU MAY NOT ACCESS OR USE THE SITE. Please check this Agreement periodically for changes. Your continued access or use of the Site following any changes to the Agreement constitutes your acceptance of those changes.
2. Age Restrictions
The Site is intended for persons who are 18 or older. If you are under 18, or not of legal age to form a binding agreement, you may not access or use the Site. If you are under 21, you may not access or use portions of the Site that are intended for persons who are 21 or older. For example, our MGM Rewards program and gaming content is intended for persons who are 21 or older.
3. Passwords and Security
Some areas of the Site may be restricted to registered users. When you register for access to restricted areas of the Site, you agree to submit accurate and complete information and to update such information as required from time to time. If we suspect that your information is untrue, inaccurate, out-of-date, or incomplete, we may suspend or terminate your access to the Site or request additional information from you. When registering for access to restricted areas of the Site, you may be asked to select a personal, non-transferable password. You may also be asked to provide information that we will use to confirm your identity in the event you submit a request for a lost or forgotten username or password. You are solely responsible for all activities that occur under your password-protected account and for ensuring the protection of your account information. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. Password-protected accounts may not be shared or used by more than one individual. You agree that we may send to you in electronic form any notices or other communications regarding this Site.
4. Copyright and other Intellectual Property
All content and other materials available at the Site, including without limitation trademarks, service marks, trade names, images, audio, text, software and the "look and feel" of the Site, (collectively, "Site Content") are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, republish, distribute, display, perform, transmit, sell, or otherwise use any Site Content without our express written permission. In this regard, users are prohibited from downloading, republication, retransmission, reproduction or other use of any image (and other similar content) as a stand-alone file.
5. Copyright Infringement
Just as we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that any Site Content infringes upon your copyright, please notify us at firstname.lastname@example.org. Your notice should include (a) a description of the copyrighted work that you claim has been infringed; (b) the URL where the allegedly infringing Site Content is located; (c) your full name, postal address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the allegedly infringing material on the Site is not authorized; (e) your physical or electronic signature; and (f) a statement that you are the copyright owner or an authorized agent of the copyright owner.
We are pleased to hear from our customers and welcome feedback on the Site. However, if you send us any ideas, suggestions, drawings, graphics, innovations, concepts, recommendations, or similar materials ("Submissions") you agree that the Submissions are not confidential. You hereby assign such Submissions to us without compensation (or the expectation of compensation) and agree that we may disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you. For any Submissions that cannot be legally assigned to us, you hereby grant us an unrestricted, perpetual, royalty-free, irrevocable and worldwide license to reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you.
7. Prohibited Conduct
You agree not to (a) upload, transmit, post, email, or otherwise make available to the Site any material in any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, or libelous; (ii) infringes any third party's intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the Site or any computer software or hardware or equipment associated with the Site; (b) alter, remove, or falsify any attributions or other proprietary designations of origin or source of the Site or Site Content; (c) impersonate any person or entity, including, but not limited to, our employees or officers, or falsely state or otherwise misrepresent your affiliation with any person or entity; (d) attempt, through any means, to gain unauthorized access to the Site or another person’s account or information on or through the Site; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the Site or any Site Content without our prior express written permission; (f) take any action that imposes an unreasonable or disproportionately large load on the Site; (g) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; or (h) take any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Agreement.
8. Promotional Information
We may from time to time make information available at the Site regarding certain programs, offers, or promotions ("Promotions"). All Promotions are subject to the specific terms, conditions, and restrictions disclosed in connection with such Promotions and are subject to being withdrawn or changed without prior notice. We are not responsible for any typographical or other errors or omissions regarding prices, availability, or other information in connection with Promotions.
9. Right to Cancel/Errors/Omissions/Inaccuracies
The Site may contain technical inaccuracies, typographical (or other) errors, or omissions in connection with information displayed on the Site including, without limitation, rates, fees, or availability applicable to your transaction. We are not responsible for any such inaccuracies, errors, or omissions. We shall have the right not to honor reservations or information affected by such inaccuracies, errors, or omissions. We reserve the right to make changes, corrections, cancellations and/or improvements to reservations or information affected by such errors on the Site (and to the products and programs described in such information), at any time without notice, including after confirmation of a reservation.
10. Links to Other Websites
The Site may contain links to other websites that are not owned or operated by us. We do not have any control over third party websites and are not responsible for any information, functionality, or content accessed through such websites. By linking to third party websites, we do not represent or imply that we endorse such websites. You are responsible for taking the necessary precautions to protect yourself and your computer from viruses, worms, and other harmful or destructive content that may be accessible through such websites. We disclaim any responsibility for any harm resulting from your use of third party websites.
YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE, OR ERROR FREE.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER NETWORK, OR DATA (INCLUDING LOSS OF DATA) THAT RESULTS FROM YOUR ACCESS OR USE OF THE SITE. WE DO NOT WARRANT THAT THE SITE IS FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR COMPUTER, COMPUTER NETWORK, OR DATA.
WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT OR THROUGH THE SITE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU ACCESS OR USE THE SITE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.
12. Limitation of Liability
NEITHER WE NOR OUR SUBSIDIARIES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE SITE OR THE USE, ATTEMPTED USE OR INABILITY TO USE THE SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOSS OF DATA, OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU TO ACCESS THE SITE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. Therefore, the exclusions set forth above may not apply to you.
You agree to indemnify, hold harmless, and release us, our subsidiaries, and our respective officers, directors, shareholders, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs and expenses, including, but not limited to, reasonable attorney's fees, arising from or related to your access, use, attempted use, inability to use or misuse of the Site or noncompliance with this Agreement.
14. Export Controls and Designated Persons
The Site is operated from the United States and it is possible that software available at or through the Site may be subject to United States export controls administered by the United States Commerce Department or sanctions programs administered by the United States Treasury Department. No software available at or through the Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country subject to a United States or United Nation embargo or sanction; (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals and Blocked Persons ("SDN List"); (c) to anyone on the United States Commerce Department’s Denied Persons List or Entity List; or (d) to anyone subject to the same or similar restrictions as the foregoing. By downloading or using any software available at or through the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above lists or subject to such restrictions.
Travel agents and anyone else using the Site for making reservations or travel arrangements are prohibited from making travel arrangements for “designated persons” that are government officials or residents of certain embargoed countries, or terrorists or drug traffickers or other persons or entities whose names are published on the SDN List. You agree to use all reasonable efforts not to arrange for any such designated persons to stay at, use, or tour any of our resorts, casinos, facilities, products, or services.
YOU AND MGM AGREE TO RESOLVE ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR SITE, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, ONLY THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. IT ALSO ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT. AN ARBITRATION DECISION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. YOU UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT, OTHER THAN SMALL CLAIMS COURT. YOU ALSO UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THE RIGHT TO HAVE A JURY DECIDE THEIR CLAIM OR TO COMMENCE, PARTICIPATE IN, OR RECOVER THROUGH A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION FOR ANY DISPUTE WITHIN THE SCOPE OF THIS AGREEMENT. MGM AND YOU ALSO ACKNOWLEDGE AND AGREE AS FOLLOWS:
A. Scope of Agreement to Arbitrate; Venue; JAMS Arbitration. Except for claims submitted to small claims court, any dispute, claim or controversy arising out of or relating to this Agreement or the Site, including the determination of the scope or applicability of this Agreement to Arbitrate, shall be determined by binding arbitration before one neutral arbitrator in Clark County, Nevada unless JAMS Rules require another location. Also, the parties may agree or the arbitrator may decide to conduct the arbitration over the telephone, using video conferencing, or other remote technology.
The Federal Arbitration Act (“FAA”) applies to this agreement to arbitrate. In particular, the FAA applies even if a choice of law principle would result in application of a different law. No provision of this Agreement to Arbitrate will be interpreted to preclude application of the FAA. If a court nevertheless concludes for any reason that the FAA does not apply, then the laws of the State of Nevada shall govern this Agreement to Arbitrate and no effect shall be given to any Nevada choice of law or conflict of law rules or provisions that would cause the application of the laws of any other state.
Judgment on any arbitration award may be entered in any court having competent jurisdiction. This clause shall not preclude an arbitration party from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. Any arbitration hereunder shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those rules exist on the effective date of this Agreement to Arbitrate, including rules 16.1 and 16.2 of those rules (“JAMS Rules”). These rules are available for your review at https://www.jamsadr.com/rules-comprehensive-arbitration/. The parties agree, notwithstanding anything to the contrary in JAMS Rules, that dispositive motions are permitted. Nothing contained herein prevents you from bringing any issues you may have to the attention of federal, state, or local government agencies or authorities.