ACCESS TO WEBSITE
Prairie Meadows reserves the right to withdraw or amend the Websites, and any service or material provided on the Websites, in its sole discretion without notice. Prairie Meadows will not be liable if for any reason all or any part of the Website are unavailable at any time or for any period. From time to time, Prairie Meadows may restrict access to some parts of particular Websites, or an entire Websites, to users, including registered users.
NO UNLAWFUL OR PROHIBITED USE
To protect the safety or security of our customers and employees, and to comply with Prairie Meadows’ commitment to responsible gaming and a safe and secure gaming environment, you may be involuntarily excluded from the use of the Website, services provided or participation in promotional offers (by Notice of Trespass or otherwise) if we believe that you have difficulty gaming responsibly, if you have been involved in a safety or security incident at Prairie Meadows or if you have otherwise demonstrated behavior that we believe puts you, other customers or our employees at risk. We will collect and retain information relating to the circumstances leading to our determination that you should be excluded from the premises.
Self-exclusion is a voluntary program offered by Prairie Meadows to individuals who choose to be included in the program because they wish to limit or stop their gambling. If you are participating in the self-exclusion program, you are excluded from using the website.
DISCLAIMER OF WARRANTIES
THE INFORMATION, SOFTWARE, PRODUCTS, AND/OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. TO THE FULLEST EXTENT PROVIDED BY LAW, PRAIRIE MEADOWS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, PRAIRIE MEADOWS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT ON THE WEBSITES; THAT THE WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HAMFUL COMPONENTS. FINALLY, ANY ADVICE RECEIVED VIA THE WEBSITEA, INCLUDING, BUT NOT LIMITED TO, SUCH ADVICE RECEIVED VIA CHAT OR MESSAGING FUNCTIONALITY, SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRAIRIE MEADOWS, ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO: THE USE OF, OR INABILITY TO USE, THE WEBSITES; ANY WEBSITES LIKED TO IT; ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES; INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST DATA, REVENUE, OR PROFITS; PAIN AND SUFFERING, OR EMOTIONAL DISTRESS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION AND FORCE MAJEURE
Neither Prairie Meadows nor any independent transmitter of information shall be liable in any way, and you agree to indemnify and hold harmless Prairie Meadows
and its subsidiaries, other affiliated companies, the independent transmitters and all employees, contractors, officers, and directors thereof (the "Indemnitees") for (1) any inaccuracy, error, or delay in, or omission of (a) any information, or (b) the transmission or delivery of information; (2) any loss or damage arising from or occasioned by (a) your use or misuse of the Websites as well as any such inaccuracy, error, delay, or omission, or (b) any non-performance, or interruption of information due either to any negligent act or omission by the Indemnitees or to any "force majeure" (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of the Indemnitees.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
Prairie Meadows respects the intellectual property rights of others, and require that the people who use the Websites, or the services or features made available on or through the Websites, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to your Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
COPYRIGHT AGENT: firstname.lastname@example.org
LINKS TO THIRD PARTY SITES
The Websites may contain links to other websites ("Linked Sites"). The Linked Sites have not been reviewed and are not under the control of Prairie Meadows. Prairie Meadows is not responsible for the contents of any Linked Site. These sites may contain information or material that some users may find inappropriate or offensive. You acknowledge that Prairie Meadows is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of any link does not imply endorsement by Prairie Meadows of the site. Use of any such Linked Site is at the user's own risk.
SEVERABILITY AND INTEGRATION
CHOICE OF LAW AND FORUM
LAST REVISED: April 20, 2020