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Resorts Digital Gaming U.S. Terms & Conditions:
By participating in MoheganSunCasino.com alerts you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in from entity and its affiliates, and are providing your express written consent to be contacted. Consent is not a condition of purchase. Message & data rates may apply. If you would like to be removed from the MoheganSunCasino.com text list you must text the word STOP to 47065 to opt-out. This is the exclusive method for opting out. After texting STOP to 47065 you will receive one additional message confirming that your request has been processed. Text HELP to 47065 for help or contact customer care at www.vibes.com/help.
In the event that you change or deactivate your mobile number it is your responsibility to notify MoheganSunCasino.com Customer Service to have your number removed. T-Mobile or any other carrier is not liable for delayed or undelivered messages.
Additionally, MoheganSunCasino.com reserves the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under this program. We will notify you via text if we change the frequency and provide you with the opportunity to opt out.
ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Any dispute or claim arising out of or relating in any way to your use of MoheganSunCasino.com will be resolved by binding arbitration, rather than by a court.
This agreement to arbitrate is intended to be interpreted as broadly as possible, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (“TCPA”), or any other statute, regulation, or legal or equitable theory. You and MoheganSunCasino.com hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. This agreement to arbitrate also includes, without limitation, any claim based on any post-agreement conduct that may arise under the TCPA or other statute, regulation, or legal or equitable theory. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association (the “AAA”) and will proceed under the AAA’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MOHEGANSUNCASINO.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND MOHEGANSUNCASINO.COM AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and MoheganSunCasino.com are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. MoheganSunCasino.com, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply. You agree that the arbitration, including any Final Hearing, will exclusively take place in Atlantic City, New Jersey.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.
Changes to Additional Contract Terms
Limitation of Liability
We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of Illinois.
If any term of this agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
Changes to Terms
These terms and conditions are subject to change at any time without notice.
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