Terms And Conditions Of Use

Last updated: September 24, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://AugustineCasino.com website (the “Service”) operated by Augustine Casino (“us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. The Augustine Gaming Management Corporation (Corporation) operates Augustine Casino. These Terms and Conditions of Use apply to the U.S. web sites of Augustine Casino as well as all Augustine Casino Mobile Software Applications (“Apps”) (collectively the “Sites”). We encourage you to read the Terms and Conditions of Use carefully as it controls your use and access to the Sites, now and in the future. However, Augustine Casino expressly reserves the right to modify the Terms and Conditions of Use at any time by posting an updated version of the Terms and Conditions of Use on the Site. Therefore, you should periodically review the Terms and Conditions of Use. Your continued use of these Sites constitutes your consent to the current Terms and Conditions of Use posted at the time of your visit. Do not use Augustine Casino’s site if you do not agree to these terms and conditions of use.

Terms/Privacy

The information contained in this website is for general information purposes only.
The information is provided by Augustine Casino and while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damages including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever from loss of data or profits, arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Augustine Casino. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Augustine Casino takes no responsibility for and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

This website and its content are copyright of Augustine Casino –

Any redistribution or reproduction of part or all of the contents in any form is prohibited
You may access the Site content for your personal use only. You may not copy, upload, download, post, transmit, distribute, publish, display, perform, modify, or otherwise create derivative works from any of the content contained on the Sites, except you may print copies of our Sites for your personal use. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms) of Augustine Casino without the prior written consent of Augustine Casino. You may not use any metatags or any other “hidden text” utilizing our name, trademarks, service marks, or trade names without the prior written consent of Augustine Casino. You may not use our name, trademarks, service marks, trade names, logos, slogans, or proprietary graphics as any part of a link without the prior written consent of Augustine Casinos.

Photography Restriction

Exterior photographs of Augustine Casino for your enjoyment, please note that any Augustine Casino photography intended for publication requires advance written permission.

If you would like to inquire about the use of photos in your print or internet publication, please send your written request to: Augustine Casino, attn: Marketing Services, or send an email to Info@Augustinecasino.com

This Website is intended only for users over the age of 21. If you are under the age of 21 you must leave this site immediately. Fraudulent use of this website may make you subject to civil or criminal sanctions.

The Services are not designated to users under the age of 21. If you are under 21, you should not use the Services nor provide any Personal Information to us.

Property strongly supports parental control of the internet and, if you are a parent and do not want your children viewing this Website, consult the filtering software companies

Legal Gaming Age Policy

Persons under the age of twenty-one (21) are not permitted on Augustine Band of Cahuilla Indians Tribal land. Including Augustine Casino and Café 54. Under penalty of law, persons under 21 years of age will not be allowed on casino property or participate in any gaming activity. Any offers we make or any promotions we conduct, unless otherwise noted, are not open to persons younger than the legal gaming age in the applicable jurisdiction. Persons younger than this legal age are not allowed to accept gaming-related offers, or win promotions, and we do not knowingly collect information from such persons for gaming-related offers. We reserve the right to verify age at any time for any reason and may decline to provide products, services or access rights to any person who does not have valid age identification.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Augustine Casino and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Augustine Casino

Contributed Content

Except for personally identifiable information that we obtain from you, any information you provide, including without limitation, any feedback, comments, suggestions and/or ideas you may submit to us, is hereby deemed NONCONFIDENTIAL and NONPROPRIETARY, and shall become the property of Augustine Casino, and may be used by us for any purpose without restriction or obligation. You represent and warrant that any content you submit to us (1) is accurate, (2) does not violate any law or infringe any third party’s intellectual property rights, and (3) contains no matter that is obscene, harassing, vulgar, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity of a third party.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Augustine Casino. Augustine Casino has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Augustine Casino shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Augustine Casino and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the
Service.

NO UNLAWFUL OR PROHIBITED USE

The Sites may be used only for lawful purposes. Your access and use of these Sites are also governed by all applicable federal, state, tribal and local laws. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, provincial, federal, tribal or foreign law or regulation is prohibited. This includes, without limitation, any material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity, or infringes any third party’s intellectual property rights. As a condition of your use of the Sites, you represent and warrant that you will not use the Sites for any unlawful purpose or in violation of any provision of the Terms and Conditions of Use. You further represent and warrant that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Sites, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you represent and warrant that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior written consent from an authorized Augustine Casino representative (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to the Sites). In the event of any unlawful or offensive use of content of the Sites, we reserve the right to modify or remove any and all content, functionality, and links contained on the Sites. If we determine, in our sole and absolute discretion, that you have violated any provision of the Terms and Conditions of Use or any applicable law, we may, at any time, terminate, restrict, or modify all or part of your access, times of availability, and required equipment and software for use of the Sites, and take any action in response to such violation.

Limitation Of Liability

In no event shall Augustine Casino nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Augustine Casino its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

PRIVACY POLICY

This Privacy Policy only applies to information Augustine Casino collects online through the Sites. Please note that, while reference may be made to information collected offline, this Privacy Policy is not a comprehensive statement of how information collected offline is obtained or used. In addition, you hereby acknowledge that this Privacy Policy is incorporated in the Terms and Conditions of Use that controls your use and access of the Sites.

WHY AUGUSTINE CASINO COLLECTS PERSONALLY IDENTIFIABLE INFORMATION

Augustine Casino collects information in a variety of different manners for multiple purposes, including: (1) to help us continually improve the services we offer, (2) to improve the utility of the Sites, and (3) to provide you and other interested visitors with information about promotions and other materials through e-mail and other communications that we believe will be beneficial to you. We will not share, sell or transfer personally identifiable information about you to third parties to use for their own marketing efforts except as outlined below or with your approval.

HOW INFORMATION IS COLLECTED BY AUGUSTINE CASINO

NON-PERSONALLY IDENTIFIABLE INFORMATION

On a regular basis, the Site collect information about you that is not personally identifiable. Some examples of such information may include the type of browser you are using, what sites you came from, what pages of the Sites you visit, how much time is spent on those pages, and the pages from which you exit the Sites. In addition, Augustine Casino collects some non-personally identifiable information in the manners described below:

COOKIES

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In general, when you visit the Sites, you remain anonymous unless you choose to provide information to us. The Sites do use “cookies,” i.e., very small text files sent to your computer, which temporarily reside in your computer’s hard drive. These cookies enable Augustine Casino to help your computer navigate through the Sites more quickly and allow us to better understand how visitors use the Sites. Augustine Casino does not use cookies to track what you do when you are not on the Sites or to collect personally identifiable information about you. These cookies do not damage or corrupt your computer or computer files. If you do not wish to receive the benefits of these cookies, you may set your browser to reject them. You should consult the instructions of your particular browser on how to do this. However, please be aware that rejecting the cookies could affect your ability to perform certain transactions on the Sites.

What Information Do We Collect?

• Personal Information You Provide to Us – We only have access to and collect personal information (such as your name, date of birth, social security number, credit card number, mailing or billing address, telephone number, or email address, and email preferences (collectively, “Personal Information”) that you voluntarily give us via email or other direct contact from you. We will not sell or rent your Personal Information to anyone. We are the sole owners of the Personal Information collected on this Site.

• Information Collected by Automated Means – Whenever you use the Site, we, as well as any of our third-party advertisers and/or service providers, may use a variety of technologies that automatically collect information about how the Site is accessed and used (“Usage Information”). Usage Information may include, in part, browser type, operating system, the page served, the time, how many users visited the Site, and the website you visited immediately before the Site. This statistical data provides us with information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they “click” on. Usage Information helps us to keep the Site fresh and interesting to our visitors and to tailor content to a visitor’s interests. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Information.

• Device Identifiers – In the course of collecting Usage Information we may also collect your IP address, MAC Address or other unique identifier (each a “Device Identifier”) for the computer, mobile device, Wi-Fi card, or other technology (collectively, “Device”) you use to access the Site. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers. Our computers identify your Device by its Device Identifier. When you visit the Sites, we may view your Device Identifier. We use this information to identify repeat visitors to our Site. We also may use this information to send you targeted advertisements and to enhance the Site. We may associate your Device Identifier with your Personal Information.

The technologies used on the Site, including Device Identifiers, to collect Usage Information may include, without limitation:

• Cookies – Cookies are data files placed on a Device when it is used to visit the Site. We may use cookies to collect and store certain information about you. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them).

• Web Beacons – We may also include web beacons (also known as web bugs, Internet tags, pixel tags, tracking pixels and clear GIFs) with the content and ads that we deliver to you, which we will use to collect information regarding your interaction with our content and ads. A web beacon is a transparent graphic image placed on a web page or in an email, which indicates that a page or email has been viewed or that an email has been forwarded. In addition, a web beacon allows third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. A web beacon may also tell your browser to get content from another server.

Cookies and web beacons (together, “Site Cookies”) may enable us to track and target the interests of our users to enhance the experience on our Site, track user actions/behavior on our Site and track the effectiveness of ads.

ReachLocal

We also work with a company called ReachLocal, which assists us in advertising our products and/or services. One of the products that we may purchase from ReachLocal is a retargeting product, which enables ReachLocal to show you advertisements for our Site when you visit other sites in the ReachLocal network or in third-party networks. ReachLocal is able to do this through the use of cookies that are provided by ReachLocal through its third-party partners (“Advertising Cookies”). The sole use of the Advertising Cookies is to show you advertisements for our Site; they are not being used to target you in any other way. Moreover, ReachLocal does not link or otherwise connect the information in the Advertising Cookies to any Personal Information that you may have provided.

Please note that ReachLocal retains the ability to access all information that is retained in the ReachLocal Platform for purposes of quality assurance and campaign assessment.

If you have any questions regarding ReachLocal and/or the Advertising Cookies, you are encouraged to contact ReachLocal at privacy@reachlocal.com.

Analytics

We use two products to analyze activity on our site. We use ReachLocal’s tracking technology and/or Google Analytics to understand how users use our site so as to enhance the user experience on our Site. If you wish to opt-out of ReachLocal’s tracking technologies, go to http://www.reachlocal.com/trackingopt-out, and if you wish to opt-out of Google Analytics, go to https://tools.google.com/dlpage/gaoptout?hl=en-GB.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Dispute Resolution

Disputes arising from these Terms and Conditions and any future modifications shall be resolved under the procedures provided here, and these procedures shall be the exclusive remedy. If there is a dispute about performance of any obligation arising under or relating to these Terms and Conditions, the parties to the dispute shall meet and attempt to resolve the dispute informally. If a satisfactory resolution cannot be reached through the informal meetings, then, if agreed to by both parties to the dispute, the dispute may be resolved by either mediation or arbitration as set forth below. In determining any dispute these Terms and Conditions shall be the sole source of reference, without adding to, modifying or changing the terms in any respect.

If a satisfactory resolution cannot be reached through informal meetings, mediation may be pursued. No later than ten (10) business days after receipt of the initial notice of dispute a mutually agreed upon mediator shall be selected. To remedy the dispute, the mediator shall hold an informal meeting with both sides. Additional meetings may be held if both sides agree. Either side may elect to discontinue the mediation at any time without penalty. The parties to the dispute may then consider pursuing arbitration. The costs and fees of the mediation shall be shared equally by both sides.

If both parties to the dispute agree to arbitration, the side that first raised a dispute (First Party) shall choose an arbitrator and give prompt written notice of the nature of the dispute and its arbitrator selection to the other side (Second Party). Within ten (10) business days after receipt of that notice, the Second Party shall notify both the First Party and the first arbitrator of the Second Party’s selection of a second arbitrator, and of any additional dispute(s) to be addressed in arbitration. After the second arbitrator is selected, the two arbitrators themselves shall choose a third arbitrator within six (6) business days, and all of the arbitrators shall collectively facilitate resolution of the dispute. The arbitration panel shall establish a date, not less than five (5) or more than twenty (20) business days after the selection of the arbitration panel for a hearing to resolve the dispute. The hearing shall be conducted in accordance with the Federal Arbitration Act, and Arbitration Rules of the American Arbitration Association applicable to the dispute and in effect on the date that the request for arbitration is made. The hearing shall be held at a location agreed to by both sides, with preference given to a location within the Coachella Valley.

Both sides of the dispute shall cooperate with each other in promptly exchanging information regarding a dispute. In determining any matter the arbitrators shall, where consistent with the Terms and Conditions, apply the Federal Rules of Civil Procedure (excluding conflicts of law provisions and summary judgment) including the provisions of the Federal Rules of Civil Procedure pertaining to discovery, as they may be amended; provided that discovery practices otherwise authorized by those rules shall not include written interrogatories, and shall be limited to not more than three depositions lasting no longer than two and one-half (2 ½) hours each, and may be otherwise limited by order of the arbitrators, or federal law, where applicable.

Both sides of the dispute mutually agree to limit their submissions to one written submission of not more than thirty (30) pages of letter size (8 1/2” x 11”) and in not smaller than a twelve (12) point typeface to the arbitrators no later than seven (7) business days before the hearing.

The hearing shall be conducted by the arbitrators in an informal and expeditious manner without transcript or recording. At the hearing, each side shall make a brief statement and present documentary and other evidence to support its position, including but not limited to testimony of not more than three (3) individuals, two (2) of whom may be outside experts. There shall be no presumption in favor of either side’s position.

Not later than four (4) business days after conclusion of the hearing, the arbitrators shall render a decision in writing for the dispute, which shall briefly state the basis for the decision. If there is more than one arbitrator for a dispute, the decision must be supported by at least two arbitrators. The decision of the arbitrators shall be final and binding on either side for all purposes. Each side shall bear its own costs and attorneys’ fees, and shall share equally in the arbitrators’ fees and expenses of the arbitration.

Disputes arising from these Terms and Conditions and any future modifications shall be resolved exclusively pursuant to these procedures, and these procedures shall be the exclusive remedy.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

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