Online Terms Of Use

Online Players Club Account Terms of Use

Welcome! This document is important—please read it carefully before creating or using your online account.

THESE TERMS OF USE (THIS “AGREEMENT”) FOR YOUR ONLINE PLAYERS CLUB ACCOUNT (AN “ACCOUNT”) IS A LEGAL CONTRACT BETWEEN YOU (AN INDIVIDUAL HEREINAFTER REFERRED TO AS “YOU”) AND THE PENN NATIONAL GAMING, INC. PROPERTY AT WHICH YOU APPLIED FOR YOUR PLAYERS CLUB CARD (“CARD”) (each “Property”).

By (i) clicking “I Agree” or a similar affirmation as it appears below or on the registration form or (ii) accessing or using an Account, you represent and agree that: (A) you are at least [21] years of age and have the legal capacity to enter into this Agreement; (B) you signed up for a Card at the Property; (C) you will use the Account in accordance with the terms and conditions of this Agreement; and (D) you are bound by and are a party to this Agreement.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLOSE THIS WINDOW. DO NOT CLICK “I AGREE” OR USE OR ACCESS AN ACCOUNT.

For purposes of this Agreement, Account means an online platform provided to you as a Card holder, created and hosted by the website of Property or its affiliates or their designated representatives and consisting of your online profile, information and any other available features as such relates to Property and its business.

1. Account Use

The Card is a player loyalty and rewards program sponsored by Property or its affiliates through which individuals can earn points (“Points”) towards cash, perks, which may include items as such as free meals or merchandise, invitations to exclusive events, priority or upgraded services or other items as such may be added or removed from time to time in the sole discretion of Property or its affiliates (the “Rewards”).

The purpose of an Account is to provide you with information regarding your Card. Your Account is for general informational purposes only and is for your personal and non-commercial use. You may only use the Account in accordance with this Agreement and may not use the Account to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of Property, its affiliates or others.

2. Eligibility; Permitted Users

Accounts are available to persons who are [21] years of age or older and are Card holders (“Permitted Users”), subject to the following restrictions:

Accounts are provided to individuals only. Corporations, associations or other groups may not create an Account. It is fraudulent for any individual or company, association or group to direct, encourage or allow individuals to use a single Account for the purpose of accumulating Points for combined use.

Certain employees, and the directors and officers of Penn National Gaming, Inc., Property, its affiliates and subsidiaries are not eligible to create an Account.

If you have enrolled in a self-exclusion program in any state in which the Property or its affiliates do business you cannot be a Permitted User and you are not permitted to create an account. You agree to release and hold harmless Property and its affiliates from all liability in the event you are enrolled in a self-exclusion program and you create an Account in violation of the terms and conditions of the Card and of these Online Players Cub Account Terms of Use.

You are not permitted to use, access or view an Account unless you are a Permitted User. Accounts and Permitted Users are subject to all applicable federal, state and local laws and regulations.

3. Registration and Password

Permitted Users may register for an Account on a participating website of Property or its affiliates. Once a Permitted User establishes an Account, the number of Points collected by such Permitted User may be recorded and tracked on the Account.

You are responsible for maintaining the confidentiality of your sign-in information and password. You are responsible for all uses of your Account or Accounts and all access to your Account or Accounts, whether or not such use or access is authorized by you. You agree to immediately notify Property of any unauthorized uses of your Account.

4. Collecting Points/Redeeming Points/Restrictions.

Collecting and redeeming points shall be subject to the terms and conditions of your Card. All restrictions that apply to your Card shall also apply to your Account.

5. Proprietary Information

As between you and Property, all content in an Account, including its appearance and look and feel, is owned by Property or its affiliates unless otherwise expressly indicated on the Account. You may not modify, copy, distribute, transmit, display, perform or create derivative works from the content, information or material on an Account.

Any trademarks, trade dress, service marks or trade names of Property or its affiliates that appear on an Account or are referenced on an Account are the property of Property or its affiliates and no license or other right to use such marks, names or dress shall be deemed granted without the express written permission of Property.

Linking to an Account and/or framing any portion of an Account without Property’s express written permission is prohibited.

6. User Supplied Content

You understand and acknowledge that you are solely responsible for all information, data, text or other materials or content that you provide to PNG via an Account and that PNG is not responsible nor liable for such user supplied content. When you post or transmit information through an Account, you grant PNG an irrevocable, non-exclusive, royalty-free, sublicensable, world wide license to use such information for any purpose, except for such restrictions as are set forth in this Agreement.

You agree that you will not post offensive, abusive, harassing, unlawful or otherwise objectionable material on the Account. PNG reserves the right but not the obligation to remove, edit or relocate any user supplied content at its sole discretion.

7. Account Cancellation

You may cancel your Account at any time by contacting a representative at the Property and requesting that your Account be cancelled. Cancelling your Account will not affect your Card or the Points accrued on your Card. Cancelling your Account can take up to seven days.

8. Disclaimer of Warranty

an account and The information and other CONTENT contained on an account are provided "as is" and to the maximum extent permitted by law, PROPERTY, its affiliates and their respective officers, directors, agents, subcontractors, suppliers and representatives hereby disclaim (1) all warranties, express or implied, including but not limited to implied warranties of non-infringement, merchantability, fitness for a particular purpose, that the account’S content, functions, operation or availability will be uninterrupted or error free, that defects will be corrected or that the account or the systems that make it available will be free of viruses or other harmful components and (2) any liability for errors or omissions in INFORMATION contained on AN ACCOUNT and for any downtime experienced on AN ACCOUNT.

9. Limitation of Liability

Property, and its affiliates and their respective officers, directors, employees and agents, shall not be responsible or liable for or in connection with the use of an Account or the downloading any materials or content from an Account, including but not limited to any liability for errors, inaccuracies, omissions or misleading statements. Permitted Users expressly understand and agree that use of an Account is at their own risk and that Property and its affiliates shall not be liable to any user of an Account, or to any third party, for any loss, expense or damage, including but not limited to consequential, incidental, special, direct, indirect or punitive damages of any kind, including lost profit or revenue, however such damages arise, that results directly or indirectly from the use of or reliance upon an Account or information obtained, downloaded, linked or otherwise accessed through an Account, even if Property or its affiliates have been advised of the possibility of such damages.

10. Indemnification

You hereby agree to indemnify, defend, release and hold harmless Property, its affiliates and their respective officers, directors, employees and agents from and against any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) incurred as a result of or arising from (i) your use of or access to an Account or access by others to an Account under your authority or control or (ii) content or other information you submit, disclose, discuss or provide on an Account.

11. Privacy; Personal Information

Privacy Policy, found at http://www.pngaming.com/Privacy%20Policy, applies to use of an Account, and its terms are made part of this Agreement.

You may voluntarily provide personal information to Property when registering for or updating an Account.

12. Modification and Termination of Accounts

Property or its affiliates reserves the right to modify this Agreement and to change, suspend or discontinue all or any portion of any Account or its content at any time, in its discretion, with or without notice, even if such changes affect your ability to accrue or use Points.

Your continued use of or access to an Account constitutes your acceptance of any modifications to this Agreement. You are responsible for remaining knowledgeable as to any modifications that Property or its affiliates may make to this Agreement and have an affirmative obligation to inform Property or its affiliates of any modifications to which you do not consent. Your sole remedy should you not consent to a modified term of this Agreement is to cease use of or access to any Account. The most current terms and conditions of this Agreement will be available at all times through your Account and will supersede all previous versions of this Agreement.

Any waiver of any provision of this Agreement will be effective only if in writing and signed by Property.

You acknowledge that Property may terminate your access to an Account at any time, for any reason, with or without notice and with or without cause, even though such termination may affect your ability to accrue or use Points. Terminating your Account will not affect your Card or the Points previously accrued on your Card.

13. Dispute Resolution

All questions or disputes regarding eligibility for an Account, collection or redemption of Points or your compliance with this Agreement will be resolved by Property in its sole discretion.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws, and the federal laws of the United States, regardless of where you are based. You agree to bring any claims arising under this Agreement exclusively in courts within the Commonwealth of Pennsylvania.

15. Severability

If any part of this Agreement is found to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.

16. Assignment

This Agreement, in whole or in part, may not be transferred or assigned by you but may be assigned by Property without restriction.

17. Additional Terms

Additional terms, conditions and disclaimers regarding the use of website functions may appear within the body of the websites of Property or its affiliates through which you access your Account and are incorporated herein by reference.

18. Questions, Comments, Complaints or Service Issues

If you have any questions, comments, complaints or service issues pertaining to your Account, please contact us.

19. Responsible Gaming

Property and its affiliates are committed to a policy of Responsible Gaming. While we recognize that the overwhelming majority of customers participate in our various forms of recreation and amenities in a responsible and rational manner, there are a very small proportion who do not. For those seeking more information on responsible gambling, or assistance with these issues, please visit our website.

COMPANY INFORMATION

Penn National Gaming, Inc.
825 Berkshire Blvd. Suite 200
Wyomissing, PA 19610
(610) 373-2400
Fax: (610) 373-4966

Copyright © Penn National Gaming, Inc., 2016. All Rights reserved.

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