GOLDEN ENTERTAINMENT MOBILE MESSAGE PROGRAM TERMS AND CONDITIONS
GOLDEN ENTERTAINMENT MOBILE MESSAGING PROGRAM TERMS AND CONDITIONS
IMPORTANT: PLEASE CAREFULLY READ THE TERMS BEFORE USING ANY SERVICES. BY YOUR USE OF THE SERVICES, YOU REPRESENT AND WARRANT THAT (A) YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO CONSENT TO THESE TERMS IN THEIR ENTIRETY, (B) YOU HAVE READ, UNDERSTAND AND AGREE TO ALL OF THESE TERMS, AND (C) YOU ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AND ARE NOT EXCLUDED FROM GAMING FACILITIES EITHER THROUGH A GOVERNMENT PROGRAM OR YOUR OWN REQUEST. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH GOLDEN ENTERTAINMENT ARE RESOLVED. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these Terms. By enrolling in the Service, you may receive recurring, automated marketing messages from Golden Entertainment at the number you provide. Your opt-in consent is not required for the purchase of any goods or services from Golden Entertainment. You may not enroll if you are under 21 years old. Before the Service will start, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Service and your agreement to these Terms. In order to use the Service defined above, you may also be required to provide true, accurate and complete information about yourself as prompted by an enrollment form or the messages you receive via text during the opt-in process. You acknowledge and agree that Golden Entertainment will have no liability associated with or arising from your failure to provide accurate enrollment information, including, without limitation, your failure to receive offers and important information and updates about the Services. If Golden Entertainment has reasonable grounds to suspect that the information you provided on an enrollment form or during the opt-in process is untrue, inaccurate or incomplete, Golden Entertainment may suspend or terminate your use of the Service. Golden Entertainment reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
- authorize Golden Entertainment to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in.
- acknowledge that you do not have to agree to receive messages as a condition of purchase.
- confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
- consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call 1.877.340.9038. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Messages You May Receive
Once you affirm your choice to opt-in to the Service, you will receive a maximum of five (5) text messages per week from the Golden Entertainment Mobile Messaging Program. You may receive an alert when:
- You are welcomed into the Service
- There are general marketing or promotions
Offers made available via the Service may be subject to additional terms, conditions and restrictions communicated to you from time to time by text or otherwise.
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Please review your carrier’s service rules for restricted content. Golden Entertainment may add or remove any wireless carrier from the Service at any time without notice. Golden Entertainment and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
Privacy & Security
Messages from us may include personal information (PI). Because text messaging is not an encrypted form of communication, PI may be intercepted or viewed by other people that access your mobile device. We have implemented reasonable steps to ensure that the information collected and stored in connection with the Service is secure. However, we are not liable to you for any lack of privacy or security you may experience. We request you to protect your device from unauthorized use, including the use of passwords or other technologies.
You are responsible for letting us know if your mobile number changes. Failure to update us about a change to your mobile number could result in PI being viewed by an unintended third party, which we are not liable for.
Duty to Notify and Indemnify:
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Service, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth below prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Golden Entertainment, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Services.
To Stop the Service
To stop receiving promotional text messages from Golden Entertainment text the words TRUE STOP to 87767 any time or reply TRUE STOP to any of the promotional text messages you have received from Golden Entertainment. For Services operated through a different number, text TRUE STOP to that number to opt out. Your opt-out request will generate a confirmation text. If you unsubscribe from the Golden Entertainment Mobile Messaging program, you may continue to receive text messages from Golden Entertainment through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the Service. These choices do not apply to certain informational communications including surveys and mandatory Service communications.
No Warranties/Limitation of Liability
No Warranties. WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY FOR ANY EQUIPMENT OR SOFTWARE USED BY YOU OR ANY THIRD PARTY AND IN NO WAY WARRANT THE CAPABILITIES OF ANY SUCH EQUIPMENT OR SOFTWARE USED IN CONJUNCTION WITH THE SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND ACCESS THERETO ARE AT YOUR SOLE RISK. THE SERVICE AND RELATED SYSTEMS ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE ARE NOT LIABLE FOR SERVICE OR RELATED SYSTEM OUTAGES OF ANY DURATION. WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE, RELATED SYSTEM, OR THE EQUIPMENT AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF YOUR PHONE EQUIPMENT AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. WE MAKE NO WARRANTY THAT THE SERVICE OR RELATED SYSTEM WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE OR RELATED SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR TECHNOLOGY PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. WE OR OUR TECHNOLOGY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE OR RELATED SYSTEM AT ANY TIME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND RELATED SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability for the Service. Golden Entertainment, and its parent companies, subsidiaries and affiliates, including their directors, officers and employees shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (i) your use of the Service, (ii) your use of any equipment in connection with the Service or for equipment failure or modification, (iii) the content of materials included with or accessed via use of the Service, (iv) the failure to deliver any Service messages, or the delivery of Service messages at times different than the times that you may have designated, (v) any acts or omissions of any third technology providers or wireless service providers, (vi) for system failure or modification, or (vii) any "force majeure" (i.e., any flood, extraordinary weather conditions, earthquake or other act of god, fire, war, insurrection, riot, labor dispute, accident, action of government, outbreak of disease, communications or power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of us or our technology providers. NEITHER GOLDEN ENTERTAINMENT NOR THE TECHNOLOGY PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR RELATED SYSTEM, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY MESSAGES RECEIVED (OR NOT RECEIVED) OR SENT (OR NOT SENT) THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE AND/OR TECHNOLOGY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Maximum Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, OUR MAXIMUM LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED $100.00. IN STATES WHERE SUCH LIMITATIONS ON LIABILITY ARE NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
You agree to indemnify and hold Golden Entertainment harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party resulting from or arising out of your use of the Service or related system (or the Service or related system by persons using your password, your account or your equipment) or your violation of this Terms. This paragraph shall survive termination of this Terms.
In the unlikely event that we are unable to resolve your concern or a complaint that you may have, we each agree to resolve any and all disputes regarding the Service through binding arbitration or small claims court as set forth below.
Please read this carefully. It affects your rights. YOU AND GOLDEN ENTERTAINMENT AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and the provider 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. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’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 Terms 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 AGREEING TO THESE TERMS, YOU AND GOLDEN ENTERTAINMENT 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 GOLDEN ENTERTAINMENT 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 Golden Entertainment are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Golden Entertainment, 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. Unless you and Golden Entertainment agree otherwise in writing, the arbitration will take place in Las Vegas, Nevada. Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes or claims within the scope of such court’s jurisdiction. 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.
Modification Of These Terms; Termination
If you do not agree with any of these Terms, you must not use the Service. Golden Entertainment reserves the right, in its sole discretion, to modify these Terms at any time with or without further notice to you. You can always find the most recent version of these Terms at www.GoldenEnt.com/mobileterms. Golden Entertainment may change these Terms by posting a new version at www.GoldenEnt.com/mobileterms, without specific notice to you, so please continue to review these Terms from time to time. To the fullest extent permitted under applicable law, your continued use of the Service after any such modification constitutes your acceptance of these Terms as modified. If you register for or use additional features, channels of communication or platforms available as a part of the Services or avail yourself of offers available through the Services, additional terms and conditions, rules, policies and disclaimers may apply. Golden Entertainment may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Service, temporarily or permanently, including the availability of any features of the Service, at any time with or without notice to you. You agree that Golden Entertainment shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You can text TRUE HELP for help at any time. This will provide you a link to the Terms along with a phone number to call for assistance. You can also contact us at 1.877.340.9038 or https://www.truerewards.com/contact.
Mobile Phone Number Change
In the event that you change or deactivate your mobile phone number, you agree to notify Golden Entertainment by emailing [email protected] or calling 1.877.340.9038.