All Site Content (as defined below) is current as of the date it is posted on the Site to the best of Mohegan’s knowledge.
You must be 18 years of age to use the Site.
The Site and its entire contents, data, features and functionality (including but not limited to text, graphics, video, logos, button icons, databases and images) (“Site Content”) are the property of Mohegan or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below.
The Mohegan name and related logos are trademarks and service marks (“Marks”) of Mohegan. Mohegan Marks may not be used without advance written permission of Mohegan, including in connection with any product or service that is not Mohegan, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Mohegan. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.
If you believe that any content on the Site violates your intellectual property rights, please notify Mohegan as described in Section 17.
Limited License And Prohibited Uses
Mohegan grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content in the United States only as an informative resource while using the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Site Content without prior permission of Mohegan is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.
- Use the Site in any way that violates any applicable law or regulation.
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To access portions of the Site, you may be asked to provide registration details or other Information. It is a condition of your use of the Site that all Information you provide is complete, current, and accurate. All Information you provide to register with the Site or otherwise is governed by our Privacy Notice, and you consent to all actions Mohegan takes with respect to your Information consistent with our Privacy Notice.
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Third Party Content
This Site may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Mohegan. Mohegan is not responsible for the content or accuracy of any materials provided by any third parties.
Links To Other Web Sites
Mohegan may provide links to external web sites for the convenience of Site users. The inclusion of an external link on this Site does not constitute or imply support or endorsement of any kind. Mohegan does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy notice for such Sites.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONDUCTING TRANSACTIONS RELATED TO IT ARE AT YOUR SOLE RISK. WHILE MOHEGAN ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE IS PROVIDED ON AN “AS-IS” BASIS. MOHEGAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, MOHEGAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
Limitation of Liability
MOHEGAN’S MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ITS CONTENT, WILL NOT EXCEED $100.
Limitation On Time To File Claims
Waiver And Severability
Term and Termination
You agree that Mohegan, in its sole discretion, may suspend or terminate any account or your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Luzerne County, Pennsylvania.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Communications and Contact Information
Downs Racing L.P.
ATTN: Legal Department
1280 Highway 315
Wilkes-Barre, PA 18702
EFFECTIVE DATE: September 13th, 2021