Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY TOGETHER WITH EACH OF THE DOCUMENTS REFERENCED IN SECTION 1.2 BELOW (THESE TERMS AND CONDITIONS TOGETHER WITH EACH OF THE DOCUMENTS REFERENCED IN SECTION 1.2 BELOW ARE COLLECTIVELY REFERRED TO HEREIN AS THE “AGREEMENTS”). BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE AGREEMENTS WITHOUT MODIFICATION. IF YOU DO NOT ACCEPT THE AGREEMENTS WITHOUT MODIFICATION, DO NOT ACCEPT THESE TERMS AND CONDITIONS AND DO NOT ACCESS OR USE THE BETMGM APP (AS DEFINED BELOW). THE AGREEMENTS ARE SUBJECT TO CHANGE AT ANY TIME IN ACCORDANCE WITH SECTION 18 BELOW.
MANDATORY INDIVIDUAL ARBITRATION AND LIMITATION OF REMEDIES – THESE TERMS AND CONDITIONS HAVE AN ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 16 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY OR COURT TRIALS OR CLASS ACTIONS. THE TERMS AND CONDITIONS ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. CAREFULLY REVIEW THESE SECTIONS BEFORE YOU AGREE TO THESE TERMS AND CONDITIONS OR ACCESS THE BETMGM APP.
If you have any questions about the Agreements, please seek independent legal counsel before accepting these terms and conditions or accessing or using the BetMGM App.
The Agreements apply to the BetMGM Nevada in-state mobile sports book app (the “BetMGM App”) provided by THE MIRAGE CASINO-HOTEL, 3400 Las Vegas Boulevard South, Las Vegas, Nevada 89109 (“MGM,” “we,” “our” or “us”) and is a legally binding contract between us and anyone who accesses or uses the BetMGM App (“you” or “your”). As used in the Agreements, the word “including” means including, without limitation.
1. APPLICABILITY OF AGREEMENTS
1.1. The BetMGM App is offered subject to your acceptance of the Agreements without any modifications by you. After you accept these Terms and Conditions, the Agreements will constitute a legally binding contract between you and us. By downloading, installing, accessing, or using the BetMGM App, you agree to be bound by all of the terms and conditions of the Agreements as such Agreements may be amended by us from time-to-time in our sole and complete discretion in accordance with Section 18 hereof. Please check the Agreements periodically for any amendments. Your continued access or use of the BetMGM App following any amendments to the Agreements constitutes your acceptance of the Agreements as amended.
2. AGE AND LOCATION RESTRICTIONS
2.1. You must be 21 years of age or older and otherwise legally able to use the BetMGM App under all applicable laws, rules, regulations, orders, decrees, and ordinances (“Laws”). You are solely responsible for complying with applicable Laws.
2.2. In order to use the Nevada in-state sports wagering feature of the BetMGM App, you must be physically located in the State of Nevada at the time of use. When engaging in wagering on the BetMGM App, we will require you to verify your identity, age, and/or physical location in person, and we will terminate your access to the BetMGM App if you fail to do so.
2.3. YOU AGREE TO HAVE YOUR LOCATION TRACKED. When using the BetMGM App on a mobile device, your precise physical location may be tracked by us and/or our third party service providers through the device to determine if you are complying with the location restrictions in this Section 2 (“Age and Location Restrictions”). In order to use the BetMGM App, you may be required to provide your mobile phone number, enable location tracking on your device, and opt-in and/or respond to communications from us. You agree to promptly notify us if your mobile phone number changes. We are not responsible for incomplete, lost, late, or misdirected messages or the failure of the Location Services (and any associated inability to engage in the BetMGM App). We cannot guarantee that your device will be able to successfully use the Location Services. If we or our third-party providers are unable to precisely track your location for any reason, you may be prevented from accessing or using the BetMGM App. We are not liable for your inability to access or use the BetMGM App.
3. ACCOUNT/REGISTRATION AND SOURCE OF FUNDS
3.1. In order to use the BetMGM App, you must be an M life loyalty member and complete the required ID verification process in-person at one of the following locations: Aria, Bellagio, Excalibur, Luxor, Mandalay Bay, MGM Grand, The Mirage, Park MGM, or New York-New York. You can open an account by presenting a current, valid government-issued photo identification, providing your social security number , and accepting these Terms and Conditions (an “Account”). You may have only one Account. We reserve the right to refuse to accept your Account registration, suspend or terminate your Account, and/or cancel any Account transaction if we determine you have intentionally opened, attempted to open, or accessed multiple Accounts.
3.2. You are required to submit accurate and complete Account 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 BetMGM App and request additional information. We reserve the right to suspend, terminate or modify your Account at any time, in our sole and complete discretion, without prior notice or liability. Subject to the Agreements (including without limitation Section 8 of these Terms and Conditions) and subject to all applicable federal, state, and local laws and regulations, if we terminate your Account, we will return the balance of your Account to you within five (5) business days of the date your Account is terminated unless there is a pending Board investigation.
3.3. You may deposit funds into your Account by any of the following methods: (a) an in-person cash deposit made at the cage and race and sports book at one of the registration locations identified in Section 3.1 hereof; (b) a BetMGM-branded reloadable prepaid card, which has been verified as being issued to you and is non-transferable; (c) Electronic transfers from an account verified to be controlled by you held at a financial institution that has agreed to process such transactions for MGM, debit or credit cards issued to you by a provider who has agreed to process such transactions for MGM or any other funding method permitted by applicable laws that MGM agrees to accept; (d) winnings from use of the BetMGM App; and (e) promotional credit. Payment of winning wagers will be made when results are confirmed and posted. Winning wagers will be applied directly to your Account. Deposits and withdrawals can be subject to review. In the case of suspected or fraudulent activity, we may suspend or terminate your account and may refund or refuse to refund any monies contained in your account in our sole and absolute discretion. You can request withdrawals from Your Account at any time provided all payments made have been received. We reserve the right to pay any requested withdrawal partly or in total via the same method of payment with which deposits were made, with the exception of credit cards as We do not allow cashouts to credit cards. When using credit/debit card to make a deposit, We may elect not to accept any withdrawal request within fourteen (14) days after the deposit.
3.4. Your Account balance at any given time is the amount of funds held in your Account (if any), plus any winnings and/or minus any losses accrued from using the BetMGM App, including adjustments made by MGM and BetMGM following the resolution of a dispute, less any rakes, entry or other fees, if applicable, and less any amounts previously withdrawn by you or amounts forfeited or reclaimed by us due to any known or suspected fraud or due to deposits or other transactions rejected or cancelled by the issuer of your payment access device or any relevant third-party (whether as a result of insufficient funds, charge-backs or otherwise), or any funds that are otherwise deductible or forfeited under the Agreements. Wagers will not be accepted if they exceed the balance of your Account.
3.5. By accepting the Agreements, you acknowledge that winnings from your use of the BetMGM App may be subject to Internal Revenue Service (“IRS”) reporting and withholding laws, and as set forth in Taxpayer Consent to Electronic Delivery of Information Returns and the Consent sections below, you permit your acceptance of the Agreements to serve as an electronic signature and to suffice as your acceptance and signature on any necessary tax documents associated with your use of the BetMGM App
3.6. Important Information About Procedures for Opening a New Account. To help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify, and record information that identifies each person who opens an account. The name on your Account must match the name and date of birth which appears on the current government-issued photo identification you used to open your Account. The first name, last name and date of birth on your Account registration must also match the first name, last name and date of birth on the M life loyalty account which we associate with your Account and the personal payment card(s) or personal account(s) used to deposit funds into your Account. We reserve the right to request satisfactory proof of age and identity (including copies of government issued document (DL or State ID) to be presented by you in person at a MGM Resorts International property located in the State of Nevada or by such other means as we may specify, any payment cards used and satisfactory proof of address (including a recent utility bill or bank statement). You consent to have your age, identity and source of funds verified by us, including by inquiring with a consumer reporting agency. You acknowledge that verifications associated with Internet or mobile gaming may appear on your credit report and may have a negative impact on your credit report. Failure to supply any requested documentation may result in refusal to open an Account or, if previously opened, suspension of your Account.
3.7. You must keep your Account password secret and confidential and not allow anyone else to use your Account. You are solely responsible for the security of your Account password and all activities that occur under your Account name and password. All winnings that are won on your Account that meet reporting thresholds under applicable laws will be reported to the IRS in the name of the Account holder. Information about your identity and transactions may be reported to government agencies as required by law. You must notify us immediately of any unauthorized use of your Account or any other breach of security that is known or suspected by you. You must also notify us immediately if you no longer have access to, or control of, the mobile device associated with your Account. In no event will we be liable for any loss you suffer as a result of any unauthorized use or misuse of your Account. If you lose or forget your Account password, please contact us or use the password reset facility in the BetMGM App. You may 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 Account password.
3.9. The following persons (each an “Unauthorized Person”) are not permitted to establish an Account or directly or indirectly use the BetMGM App other than as required in the course of their employment with MGM: (a) any individuals who have been banned from gaming activities at any MGM Resorts International subsidiary or affiliate, or who have been prohibited from gaming pursuant to any applicable Laws, including individuals who have been “self-limited” or listed on any self-exclusion, disassociated persons, or similar list in any state; (b) employees of MGM Resorts International, and employees of their subsidiary and affiliated companies who have administrative or privileged access to the BetMGM App; (c) “prohibited persons” that are government officials or residents of certain embargoed countries and/or whose names are included on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or successor or similar lists; (d) persons who are under the age of 21; (e) Coaches, athletic trainers, officials, players, or other individuals who participate in the specific authorized sporting event in which they are directly involved in, in which wagers may be accepted; (f) persons who are employed in a position with direct involvement with coaches, players, athletic trainers, officials, athletes or participants in the specific authorized sporting event in which they are directly involved in, in which wagers may be accepted; and (g) an individual who is excluded from wagering for other good cause, including but not limited to, an attempt to place a wager as an agent or a proxy on behalf of another for compensation (i.e., messenger betting). You may not attempt to create an Account if you are an Unauthorized Person or assist other Unauthorized Persons to use the BetMGM App.
4. YOUR USE OF THE BetMGM APP
4.1. We reserve the right to suspend, modify, remove or add to the BetMGM App in our sole and complete discretion with immediate effect and without notice or liability. We will suspend a wagering account if the wagering account has not been used to make any wagers for a consecutive 16-month period.
4.2. We reserve the right, in our sole and complete discretion, for any reason or no reason to (a) refuse to accept all or part of any wager, (b) declare the wagering system closed for receiving any or all wagers, or (c) refuse, suspend, or terminate your use of the BetMGM App, or any games on or available through the BetMGM App.
4.3. Without limiting the foregoing Section 4.2, we may also reject any wagers that we know are placed by (a) coaches, athletic trainers, officials, players, or other individuals who participate in the specific authorized sporting event or league on which the wager is attempted; (b) persons who are employed in a position with direct involvement with coaches, players, athletic trainers, officials, athletes or participants in the specific authorized sporting event or league on which the wager is attempted; and (c) individuals who are prohibited from placing the specific wager by law or for other good cause, including but not limited to, an attempt to place a wager as an agent or a proxy on behalf of another for compensation (i.e., messenger betting).
4.4. No communications or information published in the BetMGM App is intended to constitute legal or tax advice, and we accept no liability for any reliance on such communications or information. Your use of the BetMGM App (including, for the avoidance of doubt, any intellectual property or services we may license from third parties that are part of the BetMGM App) is strictly for your personal entertainment on a single device at any given time. You may not use the BetMGM App or any intellectual property associated therewith for any commercial purpose, including offering or promoting any products or services. You may not use the BetMGM App in violation of any applicable Laws or in any manner that impinges on the rights of others. You may not use the BetMGM App for activities we deem improper, including any of the following: (a) logging onto the BetMGM App with false or fraudulent information; (b) using the BetMGM App in any manner that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, or libellous; (c) infringing any third party's intellectual property, rights of publicity or privacy, or other proprietary rights; (d) creating or transmitting viruses, worms, Trojan horses, time bombs, corrupted files, spam, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the BetMGM App or any other computer software or hardware; (e) removing any copyright, trademark or other proprietary rights notices contained in or on the BetMGM App; (f) attempting, through any means, to gain access to any unauthorized areas of the BetMGM App or information about other users of the BetMGM App or any of our customers for unauthorized purposes; (g) using any robot, scraper, spider, or any other automatic device or manual process to monitor or copy any content transmitted via the BetMGM App; (h) taking any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; and (i) taking any action that would cause us to violate any applicable Laws or that violates the Agreements.
4.5. You may not install or run the BetMGM App on any device which is rooted, jailbroken or whose operating system software, hardware (including, but not limited to, interface, display, geolocation and networking components) or firmware has been tampered with in any way. You may not install or attempt to install and run the BetMGM App inside any simulator or emulated software environment. You may not run or attempt to use the BetMGM App on any device which is connected to the internet through a proxy server, VPN or any other networking arrangement which may mask or attempt to mask the true location of the device. You may not run the BetMGM App on any device which has in any way been enhanced, augmented or tampered with in such a way as to enable a person who is not physically located with the device from controlling it.
4.6. By using the in-state sports book app you consent to us making a voice, print, electronic or other approved record of the entire transaction. Such wagering communication will be recorded when you confirm the wagering information. We will not accept any wager or transaction if such recording system is inoperable. The records will be made available to the Nevada Gaming Control Board upon its request. Upon your written request, we will provide to you a statement of account showing each wagering account deposit, withdrawal, credit, and debit made during the time period reported by the account statement.
4.7. If you do not place any wagers though the BetMGM App for 16 consecutive months, your Account may be suspended and classified as dormant. A dormant Account may be closed in accordance with Section 8.7 hereof.
4.8. Statistics and Live Scoring: From time to time Our mobile app may display game times, scores, statistics, results, and other information relating to games, matches, or events, including, without limitation, “live” scores, statistics and times displayed as part of a live-streamed event or scoreboard. All such information is unofficial, is provided for informational and entertainment purposes only, and should not be relied upon by patrons for any purpose. It is the patron’s responsibility to independently verify all such information. MGM nor its third party providers warrant or make any representations of any kind with respect to any such information transmitted or made available via Our mobile app. MGM and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any such information transmitted or made available via Our mobile app, and shall not be responsible or liable for any error or omissions in that information.
5. COPYRIGHT AND TRADEMARK
The term BetMGM and any other marks used by us are the trademarks, service marks and/or trade names of MGM, MGM Resorts International, and/or our or their subsidiaries, affiliates, and/or our or their licensors. All other material used by us, including the software, images, pictures, graphics, photographs, animations, “look and feel”, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by us and/or our licensors and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not reproduce, republish, distribute, display, perform, transmit, sell or otherwise use them without our express written permission.
6. FRAUDULENT ACTIVITIES AND SECURITY REVIEW
6.1. We have a zero-tolerance policy towards inappropriate play, fraudulent activity and use of the BetMGM App to violate or attempt to violate any federal, state or local law. If, in our sole determination, (a) you are found to have cheated or attempted to defraud us or any user of the BetMGM App in any way (including game, device, and BetMGM App software manipulation) or violated or attempted to violate any federal, state or local Laws; (b) we suspect you of fraudulent payment (including use of stolen debit, credit or prepaid cards) or any other fraudulent activity (including any chargeback or other reversal of a payment) or prohibited transaction (including money laundering); or (c) your deposits are not honored by the issuer of your prepaid debit card or any relevant third-party, we reserve the right to suspend and/or close your Account and recover bad debts using any lawful method available to us, including debiting the amount owed by you from your Account and instructing third-party collections agencies to collect the debt. You acknowledge that these actions may have a detrimental impact on your credit rating and may require us to share your personal information (including your identity) with appropriate agencies and to report any criminal or suspicious activities to the appropriate authorities.
6.2. We reserve the right to void and withhold any or all winnings made by any person or group of persons and to void and withhold any M life points gained by any person or group of persons where we have reasonable grounds to believe, in our sole discretion, that said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage us or the BetMGM App in any way.
6.3. We reserve the right to conduct a security review at any time to validate or verify your identity, age, registration data, integrity of your mobile device(s) and use of the BetMGM App on such device(s), compliance with the Agreements, and compliance with applicable Laws. In the event of such a security review, you agree to provide us with the information and documentation we request and authorize us and our agents to use and disclose to any third party that we deem necessary the information and documentation that you provide to us, including ordering a credit report or otherwise verifying your information against third party databases.
7. LIMITED LICENSE
7.1. We hereby grant you a limited, personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable right to install and use the software we make available for the BetMGM App (the “Software”) in accordance with the Agreements. The Software is valuable intellectual property of MGM and/or its licensors. You obtain no rights to the Software except to use it in accordance with the Agreements. You must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise; (b) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the Software; (c) make the Software available to any third party through a computer network or otherwise; (d) export the Software to any country (whether by physical or electronic means); (e) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the BetMGM App or the Software; or (f) use the Software in a manner prohibited by applicable Laws or the terms of the Agreements (together the “Prohibited Activities”).
7.2. You will be solely liable for any damages, costs or expenses arising out of or relating to the commission of any Prohibited Activities. You shall notify us immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide us with reasonable assistance with any investigations we may conduct as a result.
8. FORFEITURE AND ACCOUNT CLOSURE
We reserve the right, in our sole discretion, and in relation to your Account and any other accounts you may have with us, to terminate the Agreements, withhold your Account balance, suspend your Account, and recover from your Account the amount of any affected pay-outs, bonuses and winnings if:
8.1. You are in material breach of the Agreements;
8.2. We become aware that you have used or attempted to use the BetMGM App for the purposes of fraud, collusion (including in relation to chargebacks) or unlawful or improper activity;
8.3. We become aware that you have played at any other online gaming site or services and are suspected of fraud, collusion (including in relation to chargebacks) or unlawful or improper activity;
8.4. You have “charged-back” or denied any of the purchases or deposits that you made to your Account;
8.5. You file for bankruptcy or similar proceedings;
8.6. We are instructed to do so by a law enforcement agency or regulatory body; or
8.7. Your Account is classified as dormant in accordance with Section 4.7 hereof.
9.1. Subject to the limitations in Section 8 hereof, you may close your Account for any reason by withdrawing the entire balance from your Account and notifying us pursuant to Section 15 hereof. You may withdraw any available funds from your Account either (a) in person at the sportsbook or cage at one of the registration locations identified in Section 3.1 hereof, or (b) by requesting that such funds be transferred to a BetMGM-branded reloadable prepaid card, which has been verified as being issued to you and is non-transferable; or (c) through any other method allowed by applicable laws and agreed to by BetMGM. You will continue to be responsible for all activity on your Account until your Account has been closed.
9.2. If you want us to close your Account for responsible gaming reasons, please notify us pursuant to Section 15 hereof.
9.3. Without limiting any of our other rights under the Agreements, we are entitled to terminate the Agreements immediately upon providing notice (or attempted notice) to you at the email address you have provided to us. If we terminate the Agreements pursuant to Section 8 hereof, any non-cashable promotional credits in your Account are non-refundable and deemed forfeited.
9.4. The following sections of these Terms and Conditions (and any provisions which, by their nature or express terms should survive) shall survive termination of the Agreements by either party: 3.8, 4.5, 5, 6, 7.2, 8, 9, 10, 11, 12, 13, 14, and 16.
10. REPRESENTATIONS AND WARRANTIES
By accessing the BetMGM App and the Software, or using, or attempting to use, the BetMGM App or the Software, you represent and warrant to us that: (a) you are 21 years of age or older; (b) you will be located within the State of Nevada when accessing the Nevada in-state sports wagering feature of the BetMGM App; and (c) all details provided by you to us to setup your Account or otherwise participate in the BetMGM App are true, current, correct and complete.
11. DISCLAIMER AND EXCLUSIONS
THE BETMGM APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACCESS TO AND USE OF THE BETMGM APP AND THE SOFTWARE IS AT YOUR SOLE OPTION, DISCRETION, AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE BETMGM APP AND THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE BETMGM APP AND THE SOFTWARE WILL BE SECURE, ERROR-FREE, OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE BETMGM APP AND SOFTWARE MAY BE INTERRUPTED OR UNAVAILABLE DUE TO ANY NUMBER OF FACTORS, INCLUDING PERIODIC SYSTEM MAINTENANCE, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURES, AND TELECOMMUNICATIONS INFRASTRUCTURE DISRUPTIONS OR FAILURES. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY, OR PERFORMANCE CAUSED BY THESE OR ANY OTHER FACTORS. ANY MALFUNCTION OF THE BETMGM APP OR SOFTWARE VOIDS ALL PAYS.
12. LIMITATION OF LIABILITY
12.1. NEITHER WE NOR OUR PARENT COMPANIES, SUBSIDIARIES, OR AFFILIATES (INCLUDING ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR OUR OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) (COLLECTIVELY, “MGM PARTIES”) ARE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE ARISING FROM OR RELATING TO YOUR USE, ATTEMPTED USE OR INABILITY TO USE OR ANY THIRD PARTY’S USE, ATTEMPTED USE OR INABILITY TO USE THE BETMGM APP OR THE SOFTWARE INCLUDING INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF OR FAILURE TO RECEIVE ANTICIPATED WINNINGS), LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, REPUTATIONAL DAMAGE, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY OR CONSEQUENTIAL LOSS (EVEN WHERE WE HAVE BEEN NOTIFIED BY YOU OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE).
12.2. THE MGM PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, FINANCIAL INSTITUTION OR OTHER THIRD PARTY ON WHOM YOU RELY TO GAIN ACCESS TO OR USE THE BETMGM APP, THE SOFTWARE OR PROCEEDS THEREOF.
12.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE BETMGM APP OR THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENTS.
12.4. THE MGM PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE BETMGM APP OR THE SOFTWARE.
12.5. 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. IN ANY EVENT, YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1000.00). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. THE FOREGOING LIMITATIONS IN THIS SECTION 12 WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, hold harmless and release the MGM Parties from and against any claim, demand, damage, cost or expense, including reasonable attorneys’ fees, made by any third party arising from or relating to your (a) access to, use of, attempted access to or use of or inability to access or use the BetMGM App or the Software, (b) violation of the Agreements, or (c) infringement of any intellectual property or other right of any other person or entity.
14. THIRD PARTY WEBSITES
Any links on the BetMGM App to third party websites or resources should not be interpreted as endorsement or approval by us of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on any third-party website or resource which may be accessed by a link from the BetMGM App, including any representations or warranties as to accuracy or completeness. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.
15.1. Nevada law requires certain claims to be heard by the Nevada Gaming Control Board. If you have any complaints, claims, or disputes regarding any use or outcome from using the BetMGM App or any other activity, you must submit your complaint to us in writing as soon as is reasonably practicable following the date of the original transaction to which the claim or dispute refers. Complaints may be submitted by email to firstname.lastname@example.org. You may also submit notices to us by postal mail in writing to: Race and Sports Book, THE MIRAGE CASINO-HOTEL, 3400 Las Vegas Blvd. South, Las Vegas, NV 89109 or Customer Service Manager, BetMGM Harborside Plaza 3, 210 Hudson Street, Jersey City, NJ 07311. If you are not satisfied with our response you may contact: the Enforcement Division of the Nevada Gaming Control Board at (702) 486-2000 to request that it attempt to resolve the dispute. Claims that are not within the jurisdiction of the Nevada Gaming Control Board are subject to the Arbitration and Class Action Waiver provisions in Section 16, below.
15.2. Any notice we give to you will be sent to the email address that you provide when you register your Account. It is your responsibility to keep your email address connected to your Account current and to regularly check your email account for emails from us.
15.3. For additional information regarding the state of Nevada’s patron disputes requirements, please review Nevada Gaming Regulation 7A.
16. ARBITRATION, CLASS ACTION WAIVER AND GOVERNING LAW
Except as expressly excluded below, any and all disputes, claims, or controversies between you on the one hand and us or MGM Resorts (as defined below) on the other hand arising from or in any way relating to the Agreements, including the determination of the scope or applicability of the agreement to arbitrate (“BetMGM App Dispute”), shall be finally settled and resolved through binding individual arbitration in Clark County, Nevada before a single neutral arbitrator. You also agree that you are waiving any right to a jury or court trial and that you are waiving any right to bring or otherwise participate in a class or collective action. You, therefore, may bring claims only in your individual capacity and not as a plaintiff or class member in any purported class, representative, or collective proceeding. Any arbitration will take place on an individual basis; class or collective arbitrations are not permitted.
The right to arbitration and rules for initiating arbitration shall be governed by Nevada Rev. Stat. 38.206 et. seq. There is no judge or jury in arbitration. Arbitration procedures are more limited than rules applicable in court, and review by a court is limited. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Any appeal shall be heard and decided by a panel of three neutral arbitrators. All arbitrators shall be retired judges or justices of any Nevada state or federal court, and shall in their substantive rulings (as opposed to procedural or discovery-related rulings that are otherwise governed by the JAMS Comprehensive Arbitration Rules and Procedures), apply the Laws of the State of Nevada without giving effect to any choice or conflict of law provision or rules that would cause the application of the Laws of any jurisdiction other than the State of Nevada. The arbitrator(s) shall be selected from the appropriate list of arbitrators in accordance with JAMS’s rules and procedures. The award of the arbitrator(s) shall be binding and final on all parties. Judgment on the award rendered may be entered in any court having jurisdiction. The prevailing party shall be entitled to reasonable attorneys’ fees, costs and expenses (including, but not limited to, costs and expenses for expert witnesses and electronic discovery). The arbitrators may not award any incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits.
An Intended Beneficiary of this arbitration provision may enforce it in full with respect to any claims between them on the one hand and you on the other arising from or in any way relating to the Agreements. Intended Beneficiaries are our and MGM Resorts’ agents, principals, representatives, directors, officers, shareholders, governors, managers and members. Intended Beneficiaries also are our and MGM Resorts’ parents, subsidiaries, affiliates, partners, licensees, attorneys, predecessors, successors, joint venturers, contractors, assigns, designees, servicers, and service providers. A service provider is any THIRD-PARTY providing us or any Intended Beneficiary any goods or services arising out of or in any way relating to the Agreements. Intended Beneficiaries include past, present, and future persons listed in this paragraph. This arbitration provision may be enforced by or against any person or entity purporting to bring claims on your behalf, including any agent, representative, executor, guardian, or trustee. This arbitration provision may also be enforced by or against any person or entity who acquires any right or interest that, but for the transfer of the right or interest, would have belonged to us or an Intended Beneficiary of this arbitration provision.
Nevada law requires certain claims to be heard by the Nevada Gaming Control Board. Your agreement to arbitrate excludes any dispute, claim or controversy relating to an individual’s alleged winnings, alleged losses or the award or distribution of cash, prizes, benefits, tickets or any other item or items in a game, tournament, contest, drawing, promotion or similar activity or event, or the manner in which a game, tournament, contest, drawing, promotion or similar activity or event is conducted. In case of such dispute, you should follow the Notice/Complaint process set forth in Section 15.1 and you will be given additional information regarding the process and your rights to have your dispute heard. While the disputes, claims and controversies described in this paragraph are not subject to arbitration, you still waive your right to initiate or proceed in a class or collective action against us or MGM Resorts with respect to such disputes.
If any part of the Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms. No waiver of any breach or default of the Agreements shall be deemed to be a waiver of any preceding or subsequent breach or default. Exclusive jurisdiction over any BetMGM App Dispute shall be resolved in accordance with Nevada Revised Statutes 463.361 through 463.366, inclusive.
We reserve the right, in our sole discretion and without your consent, to transfer, assign, sublicense or pledge the BetMGM App, the Software and/or the Agreements, in whole or in part, to any person or entity without notice. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under the Agreements.
18. ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS
The Agreements represent the complete and final agreement between you and us regarding the subject matter hereof and supersede any and all prior agreements between you and us relating to the BetMGM App. You understand and agree to be bound by the Agreements as they may be amended from time to time. We may amend the Agreements at any time, in our sole and complete discretion, by (a) sending you an email notifying you of the amendments, and/or (b) publishing the amended Agreements on the BetMGM App or any place through which you access the BetMGM App or the Software. Any amendment to the Agreements will take effect on the day of first publication on the BetMGM App or any place through which you access the BetMGM App or Software. If any amendment is unacceptable to you, your only recourse is to terminate use of the BetMGM App. Your continued access or use of the BetMGM App following notification (as provided herein) of any amendment(s) will be deemed binding acceptance of the Agreements as amended. It is your sole responsibility to review the Agreements and any amendments each time you use the BetMGM App.
CONSENT TO ELECTRONIC DISCLOSURES
By clicking the checkbox provided upon account registration to accept these Terms and Conditions and the Mobile Wagering Account Agreement, you agree that we may provide you the Agreements and any related or other disclosures, notices and information (collectively "Disclosures") electronically. Disclosures include, but are not limited to, all rules, regulatory disclosures and notices related to your Agreements that may be required to be provided to you in writing. You also agree that any information and documentation you provide us in connection with the Agreements and the services we provide ("Documentation") must be in electronic form, as specified by us.
We may communicate with each other through our mobile app and through the e-mail addresses and telephone numbers that each of us has provided to the other in connection with the BetMGM App and on our app. Certain Disclosures and certain Documentation ("Electronic Communication") will be provided to you and made available to you when you access the BetMGM App.
Paper Copies of Disclosures: You may obtain a paper copy of the Electronic Communications by printing a copy from our mobile app.
Hardware and Software Requirements: In order for you to access and retain Electronic Communications, you must have access to a computer equipped with the following software and hardware: Internet Explorer 6. software 0 or above or equivalent and Adobe Acrobat [10.0 or above]; and hardware capable of running such software.
Withdrawing Consent: If you withdraw your consent to receive the Disclosures electronically, you will not be allowed to access or use the BetMGM App and we will terminate your Account and Agreements, as set forth in the Terms and Conditions. If you withdraw your consent, the sections of the Terms and Conditions identified in section 9.4 will survive any termination of your Accounts and Agreements. You may withdraw your consent to receive the Disclosures electronically by e-mail to us at email@example.com.
Changes to Your Contact Information: You must keep us informed of any change to your e-mail or mailing address or other contact information, including your phone number. You should notify us of any such changes by e-mail at firstname.lastname@example.org.