Terms and Conditions
These are the terms and conditions (the “Agreement”) applicable to SMS text message services offered by MGM Resorts International and/or any entity affiliated with, and controlled by, MGM Resorts International (the “Services”) including those that post this Agreement (“MGM”, “we” “our” or “us”) and any person who accesses or uses the Services (“you” or “your”). As used herein, “including” means including without limitation. PLEASE READ THIS AGREEMENT CAREFULLY. NOTE THAT SECTION 16 CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION/JURY WAIVER, WHICH AFFECTS HOW ANY DISPUTES WITH US ARE RESOLVED.
The Services are offered subject to your acceptance without modification of this Agreement. By accessing or using the Services, 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. 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 SERVICES. Please check this Agreement periodically for changes. Your continued access or use of the Services following any changes to the Agreement constitutes your acceptance of those changes.
1. Eligibility for Services
The Services are intended for persons located within the 50 United States and the District of Columbia who are 21 years of age or older. If you are under 21, you may not access or use the Services.
2. Description of Services
The Services are intended to provide you with information (including information related to a hotel stay) and to facilitate and respond to your requests. The Services may be provided manually or through the use of automated technology including chatbot technology.
3. Cost of Services
We do not charge a fee for the Services. However, message and data rates may apply. You are responsible for paying any fees or other charges imposed by your mobile telephone service provider. You are also responsible for obtaining all necessary hardware, software, telephone service plans, Internet access, and other products and services necessary to use the Services and for paying any fees or other charges associated with such products and services.
4. Access to Services
Your use of the Services is subject to the terms and conditions of your mobile telephone service provider. Access to the Services is not guaranteed. Delivery of text messages to your mobile device may fail for a variety of circumstances or conditions, some of which are outside of our control.
5. How to Opt-In
To opt-in to receive the Services, please follow the instructions associated with the specific Service(s) you wish to receive. By way of example, in order to opt-in, you may be asked to send a text message in response to an advertisement or hotel display, scan a QR Code and then text us a message, enter your mobile phone number on an online form (e.g., during the online room booking process), and/or provide your mobile phone number to one of our employees.
6. How to Opt-Out
You can opt-out of receiving text messages from us for a Service at any time by texting “STOP” to any text message you receive associated with such Service. When you opt-out, you may receive a text message from us confirming your decision to opt-out.
7. How to Get Help
If you encounter any difficulties with opting-out of a Service or otherwise need assistance with our Services, depending upon the Service, you may text “HELP” in response to certain text message you receive from us and/or you may also email us at concierge@aria.com for assistance.
8. Accuracy of Your Mobile Telephone Number
You represent and warrant to us that you are the account holder of any mobile telephone number(s) that you provide to us when opting-in to the Services. You are responsible for notifying us immediately if you change your mobile telephone number and have not opted-out of the Services. You may notify us of any change in your mobile telephone number by email at concierge@aria.com. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your mobile telephone number and have not opted-out of the Services.
9. Inaccuracies and Omissions
The Services may contain technical inaccuracies, typographical (or other) errors, or omissions. We are not responsible for any such inaccuracies, errors, or omissions. We reserve the right to modify or not fulfill requests, reservations, etc. affected by such inaccuracies, errors, or omissions.
10. Privacy
Your privacy is important to us. You should not provide sensitive personal information in any SMS text messages that you send to us. All information collected in connection with the Services is subject to the terms of our privacy policy available at https://www.mgmresorts.com/en/privacy-policy.html. By using the Services, you acknowledge that you have read and understand our privacy policy. Our California Privacy Notice, available at https://www.mgmresorts.com/notice-of-collection, describes the categories of personal information we collect and provides certain details about our processing of that information.
11. Prohibited Conduct
In connection with your use of the Services, you agree not to (a) text or otherwise make available 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, sensitive personal information, 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 Services or any computer software or hardware or equipment associated with the Services; (b) alter, remove, or falsify any attributions or other proprietary designations of origin or source of the Services or content available through the Services; (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 Services or another person’s account or information on or through the Services; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the Services content available through the Services without our prior express written permission; (f) take any action that imposes an unreasonable or disproportionately large load on the Services; (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.
12. Termination of Services
We reserve the right at any time, in our sole and complete discretion, for any reason or no reason, with or without notice, to terminate or restrict your access to the Services, and/or to modify, suspend, or terminate any or all of the Services.
13. Disclaimer
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING 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 SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE, OR ERROR FREE.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER, COMPUTER NETWORK, OR DATA (INCLUDING LOSS OF DATA) THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES ARE FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR MOBILE DEVICE, 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 IN OR THROUGH THE SERVICES.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU ACCESS OR USE THE SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.
14. 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 SERVICES OR THE USE, ATTEMPTED USE OR INABILITY TO USE THE SERVICES INCLUDING 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 SERVICES. 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.
15. Indemnification
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 reasonable attorney's fees, arising from or related to your access, use, attempted use, inability to use or misuse of the Services or noncompliance with this Agreement.
16. Disputes, Arbitration, and Class Action/Jury Waiver
YOU AND MGM AGREE TO RESOLVE ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, 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 Services, 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.
B. No Class, Collective, Representative, or Mass Actions or Arbitrations: You and MGM agree that either may bring claims against the other only in an individual capacity and not as a representative plaintiff or class member in any purported class, collective, representative, or mass arbitration proceeding. Furthermore, unless agreed by you and MGM otherwise or except as set forth below in subparagraph J, the arbitrator may not consolidate more than one person’s claim with another person’s claims or another person’s claims, and may not otherwise preside over any form of a class, collective, representative, or mass arbitration proceeding. To avoid any doubt, except pursuant to an agreement between you and MGM or except as set forth below in subparagraph J, nothing herein allows class, collective, representative, or mass arbitrations even if the relevant arbitration rules and procedures would so provide. Notwithstanding any other provision of this Agreement to Arbitrate, the arbitrator may award monetary or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Any question regarding the enforceability or interpretation of this paragraph shall be decided by a court and not the arbitrator. If any provision of this subparagraph B is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void, except that the parties’ agreement to bring claims only in an individual capacity and not as not as a representative plaintiff or class member in any purported class, collective, or mass proceeding will remain in effect, including in any court proceeding.
C. Seeking Arbitration; Filing in Small Claims Court: If you or MGM seeks to pursue arbitration, or file a small claims court action (as set forth below), you or MGM must first send a written notice of the claim (“Notice”) before filing the arbitration demand or the small claims court action. If you seek to file the arbitration demand or small claims court action, you must send the Notice by certified mail to: Senior Vice President and Legal Counsel (Litigation), 6385 S. Rainbow Blvd., Suite 500, Las Vegas, Nevada 89118, and must include your name, address, telephone number, and MGM Rewards Account Number (if you have one). If MGM seeks to file the arbitration demand or small claims court action, MGM will send a written notice to the email or physical mailing address it has for you. If such contact information has not been provided, MGM may also use any other reasonable means to contact you to provide the Notice, including by posting a message in your MGM Rewards Account (if you have one). A Notice, whether sent by you or MGM, must (a) describe the nature and basis of the claim or dispute, including the specific facts that support that particular claimant’s claim; (b) set forth the specific relief sought by that particular claimant, including the amount of damages that claimant seeks (“Demand”). The Notice and Demand shall be signed by the claimant and the claimant shall declare under penalty of perjury that the facts stated in the Notice and Demand are true and correct. The Notice and Demand is designed to allow the party receiving the Notice to make, if appropriate, a fair, fact-based offer of settlement if it chooses to do so within a 30-day period following actual receipt of the Notice and Demand. The party receiving the notice may, but is not obligated to, make a written settlement offer during that time. If you and MGM do not reach an agreement to resolve the claim within 30 days after the Notice and Demand are received, the party sending the Notice and Demand may file a claim in any small claims court within the United States having jurisdiction (including personal jurisdiction) to hear the claim or, only if the claim cannot be heard in small claims court, commence an arbitration proceeding. Arbitration forms can be downloaded from www.jamsadr.com. If required by controlling, applicable law, the limitations period for filing a claim will be tolled during the 30-day notice period described in this paragraph. The filing of an arbitration demand is the equivalent of filing a court complaint for purposes of compliance with any applicable statute of limitations.
D. Fees and Costs: The payment of all administrative fees and costs associated with the arbitration, including the payment of all arbitrator fees, will be governed by the JAMS Rules; provided, however, that MGM shall pay any administrative fees or costs incidental to the arbitration that you would not incur in a court proceeding. However, if this division of fees and costs conflicts with the laws of the applicable jurisdiction under this Paragraph 16 and those laws are not preempted by this agreement or the FAA, the fees and costs terms of that jurisdiction’s laws shall apply.
The prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs unless the laws of the applicable jurisdiction under this Paragraph 16 affirmatively prohibit such an award to either party and those laws are not preempted by this agreement or the FAA. Unless forbidden by the laws of the applicable jurisdiction under this Paragraph 16, and unless those laws are not preempted by this agreement or the FAA, neither party shall be entitled to an award of reasonable attorneys’ fees and costs if the laws of the applicable jurisdiction under this Paragraph 16 do not allow for all parties to the proceeding to recover such fees. In an arbitration, if the arbitrator determines that a claim was filed for purposes of harassment or is frivolous, the non-prevailing party shall reimburse the prevailing party for any administrative fees or costs associated with the arbitration, as well as for the prevailing party’s reasonable attorneys’ fees and costs. At any point during the arbitration or small claims court proceeding and before a final award is rendered by the arbitrator or a final judgment is issued by the small claims court, any party may make an offer of judgment. If the plaintiff or claimant makes an offer of judgment that is not accepted by the defendant or respondent and if that offer is less than what the plaintiff or claimant receives in a final award or a final judgment, then the plaintiff or claimant shall recover the plaintiff or claimant’s attorneys’ reasonable attorneys’ fees and costs. If the defendant or respondent makes an offer of judgment that is not accepted by the plaintiff or claimant and if that offer is greater than what the plaintiff or claimant receives in a final award or a final judgment, then the defendant or respondent shall recover the defendant or respondent’s reasonable attorneys’ fees and costs. The preceding three sentences shall not apply if the laws of the applicable jurisdiction under this Paragraph 16 preclude their provisions and those laws are not preempted by this agreement or the FAA. When a recovery of attorneys’ fees and costs is authorized, the arbitrator will rule upon a motion for fees and costs under the same standards a court would apply to such a motion.
E. Hearing: The parties may choose to conduct the arbitration solely on the basis of documents submitted to the arbitrator or through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules.
F. Injunctive Relief: Notwithstanding anything contained herein, you and MGM agree that the parties may sue in court to enjoin infringement of intellectual property rights. However, any claim for damages, even if brought in connection with a claim for injunctive relief, must be filed in small claims court or in arbitration pursuant to the terms of this Agreement to Arbitrate.
G. Awards: At the outset of the arbitration, the parties shall consider agreeing to the JAMS Arbitration Appeal Procedures (“Appeal Procedures”) with respect to any final award in an arbitration hereunder. The parties are not required to agree to the Appeal Procedures. The Appeal Procedures will be implemented only by mutual agreement according to the JAMS Rules. An arbitration award, any judgment confirming it, and any decisions by an arbitrator apply only to that specific arbitration; they cannot be used and cannot be given any preclusive, collateral estoppel, or res judicata effect in any other proceeding except to enforce the award itself.
H. Confidentiality: You and MGM shall maintain the confidential nature of the arbitration and any award arising therefrom, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.
I. Small Claims Court: For claims within the jurisdictional limit of anu small claims court within the United States having jurisdiction (including personal jurisdiction) to hear the claim at issue, you or MGM must bring an individual action in small claims court instead of proceeding to arbitration. Also, if the claims in any Notice and Demand for arbitration should have been brought in small claims court, then the party receiving the Notice and Demand may choose to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that choice in writing. Upon receiving such a notice, the party who submitted the Notice and Demand shall only file an action in small claims court and may not file a demand for arbitration. If this provision is found to be invalid, then this provision shall be severable and the matter will proceed in arbitration. Claims brought in small claims court may only be brought in an individual capacity and not as a representative plaintiff or class member in any purported class, collective, representative, or mass proceeding.
J. Mass Filings of Individual Arbitrations: If you or MGM submits a Notice or Demand that includes a claim that is similar to the claims of 25 or more Notices and Demands submitted by other persons within 180 days of the Notice or Demand submitted by you or MGM, or if your counsel or MGM’s counsel submits claims to the responding party on behalf of 25 or more persons within 180 days of yours or MGM’s Notice or Demand, the claims shall proceed in arbitration in a coordinated proceeding pursuant to the terms of this subparagraph J.
Process Arbitrator: JAMS shall appoint a single Process Arbitrator using the JAMS Rules’ arbitrator selection process. MGM will pay all fees related to the Process Arbitrator. The Process Arbitrator will be responsible for addressing procedural issues that involve more than one batch of individualized cases, such as coordinating discovery across batches, deciding whether claims are similar to one another, and determining whether adjustments made be needed to the batching, bellwether, and mediation procedures set forth below in light of the totality of circumstances presented by a particular set of similar claims. The Process Arbitrator shall not decide the merits of any claims.
Bellwether Proceeding and Mediation: Your counsel and MGM’s counsel shall select 5 cases each (10 cases in total) to proceed first in arbitration in a Bellwether Proceeding. The remaining cases shall not be filed in arbitration until the first 10 have been decided by the first merits arbitrator. The period of any applicable statute of limitations will be tolled for a claimant as of the date that the claimant submitted a Notice and Demand. A party who has served a Notice and Demand and who is waiting to file an arbitration demand may instead choose to file a claim in a small claims court within the United States having jurisdiction over the claim. Following the first merits arbitrator’s final award, that merits arbitrator shall provide a JAMS-appointed mediator and counsel for all parties having similar claims with a copy of the reasoned decision explaining the bases for the final award with personal information redacted to protect the privacy of the first 10 claimants. MGM will pay all fees related to the mediation. For 90 days following the mediator’s receipt of the redacted reasoned decision, the parties shall negotiate in good faith to achieve resolution of the outstanding claims. If the parties are unable to resolve the remaining cases after the conclusion of this 90-day mediation period, each side may select another 5 cases to proceed to arbitration for a second Bellwether Proceeding followed by another mediation process as described above. This process may continue until the parties are able to resolve all of the similar claims.
Batching of Cases: Each batch of 10 cases shall be filed as a single arbitration proceeding. The arbitration provider shall treat each batch as one case, with each batch and case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and administrative and filing fees per batch. You and MGM agree to cooperate in good faith with each other and the arbitration provider to implement this batching approach. If the arbitration provider declines to batch cases or assess fees as provided for above, either party may attempt to negotiate with the arbitration provider regarding administrative and filing fees and then, after engaging in such negotiations, a party required to pay such fees in 25 or more cases involving similar claims may elect to serve notice on all other parties that it will not proceed with arbitration, in which case the other parties must file their claims in court.
Adjustments to the Batching, Bellwether Proceeding, and/or Meditation Process: If a party cannot file a claim in small claims court, and if that party will not be able to file a claim in arbitration within two years of having submitted a Notice and Demand in light of the procedures set forth above, then that party or the responding party may request that the Process Arbitrator adjust those procedures in a manner that will fairly balance the parties’ respective interests. The Process Arbitrator will solicit, consider, and balance the parties’ legitimate interests in formulating a plan for efficiently and fairly arbitrating the claims of such parties. The Process Arbitrator shall consider the parties’ interests in the timely resolution of the claims, the requirement for individualized adjudication of claims, the importance of avoiding excessive fees and costs that may be associated with having a large number of arbitrators hearing similar claims, and other factors that the parties may raise with the Process Arbitrator.
Court Enforcement: A court will have authority to interpret and enforce this subparagraph J and, if necessary, to enjoin conduct that would violate this subparagraph.
Determination of Unenforceability: If any provision of this subparagraph J is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void, except that the parties’ agreement to bring claims only in an individual capacity and not as not as a representative plaintiff or class member in any purported class, collective, or mass proceeding will remain in effect, including in any court proceeding.
K. Savings and survival: Except as provided for in subparagraphs B and J, if a court or arbitrator having jurisdiction finds any portion of this Agreement to Arbitrate unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective. No waiver, express or implied, by you or MGM of any breach of or default hereunder will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement to Arbitrate shall survive termination of any relationship you may have with MGM and even after you have stopped receiving services or products from MGM.
L. Waiver of Jury Trial: You and MGM agree to waive your right to a trial by jury for all claims in arbitration. In addition, if for any reason a claim proceeds in court rather than through arbitration, you and MGM agree that there will not be a jury trial except as to any specific claims for which applicable law provides for a non-waivable right to a jury trial. You and MGM unconditionally waive, to the maximum extent permitted by applicable law, any right to trial by jury for any dispute, claim or controversy arising out of or relating to this Agreement or the Services, including the determination of the scope or applicability of this Agreement to Arbitrate. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.
M. Classwide Settlement: Nothing in this Agreement to Arbitrate shall preclude you or MGM from negotiating or agreeing to a classwide settlement or from participating in any court proceedings in connection with such a settlement.
N. Opting Out: If you are not already bound to an arbitration provision with MGM relating to this Agreement or the Services where you had the opportunity to opt out of the requirement to arbitrate, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section. If you are already bound to such an arbitration provision relating to your use of the Services, you may opt out of any revisions to your prior arbitration agreement made by this Agreement to Arbitrate in the manner specified below, but opting out of such revisions shall otherwise have no effect on any previous, other, or future arbitration agreements that you may have with MGM.
The Opt-Out Notice must be postmarked no later than 30 days after the date you receive notice of this Agreement to Arbitrate. You must mail the Opt-Out Notice to: Senior Vice President Legal Counsel (Litigation), MGM Resorts International, 6385 S. Rainbow Blvd., Suite 500, Las Vegas, NV 89118. The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and email address you provided to MGM. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. Opting out of the Agreement to Arbitrate will not affect the applicability of any other terms or agreements you may have with MGM.
17. Changes to Agreement
We may revise, modify, or amend this Agreement at any time in our sole and complete discretion without prior notice. Any such revision, modification, or amendment shall take effect when available through our website or otherwise available to you. Depending upon the Service, you can review the most recent version of this Agreement by texting TERMS to the relevant short code and/or by visiting https://www.mgmresorts.com/en/terms-and-conditions.html, then clicking on the link to the applicable hotel reservation terms and conditions for the applicable MGM property and scrolling to the paragraph titled “Automated Text Messages.”
18. Miscellaneous
If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of the Agreement, which shall remain in full force and effect. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. We reserve the right, in our sole discretion and without consent or notice, to transfer, assign, sublicense or pledge the Services and/or this Agreement, in whole or in part, to any person or entity. You may not assign, sublicense or otherwise transfer in any manner any of your rights or obligations under this Agreement. The section headings used in the Agreement are for convenience only.
Last Updated: April 8, 2024