Terms of Use
Last Updated: October 10,2024
1. Acceptance of Terms and Scope
These terms and conditions (“Terms of Use”) apply when you access, use or visit www.pennentertainment.com and/or the websites listed below below(each a “Website” and collectively the “Websites”) and/or any mobile applications and/or certain channels and/or profiles hosted on third-party platforms (collectively “Apps”) that are owned, operated, and/or controlled by PENN Entertainment, Inc. and/or its subsidiaries (collectively “PENN”). Further, your access and use of the Apps is further subject to the applicable end user license agreement (“EULA”) for each App. Please visit the Websites and the Apps (collectively the “PENN Services”) to review their respective terms of use and EULA. Please note that these Terms of Use do not apply to the mobile sportsbooks, icasino products and certain Apps operated by PENN.
PENN may, at its discretion, update these Terms of Use from time to time, with or without notice to you. You are encouraged to visit the “Terms of Use” link made available within the PENN Services to review any changes. Your continued use of the PENN Services following any changes indicate that you accept the revised Terms of Use.
PLEASE REVIEW THESE TERMS OF USE CAREFULLY. BY ACCESSING OR OTHERWISE USING THE PENN SERVICES OR ANY OF THEIR COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH IN THESE TERSM OF USE, INCLUDING ANY UPDATES POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF USE, YOU SHOULD CEASE ACCESS OR USE OF THE PENN SERVICES OR ANY PARTS OF IT.
PENN’s Privacy Policy, found at www.pennentertainment.com/privacy-policy, governs how PENN handles your Personal Information and applies to your access and use of the PENN Services. The terms of the Privacy Policy are incorporated into these Terms of Use by reference, and by agreeing to these Terms of Use, you consent to be bound by the terms of the privacy policy.
3. Additional Terms
Certain PENN Service (or parts thereof) may be provided to you under additional terms, licenses, conditions, disclaimers, warranties, or representations (“Additional Terms”) regarding the use of any function thereof. Such Additional Terms may appear within the body of the PENN Service and are incorporated by reference into these Terms of Use.
Certain PENN Service may be provided to you under other terms, licenses, policies, conditions, disclaimers, warranties, or representations associated with such PENN Service (“Other Terms”). Please review such Other Terms prior to accessing, signing up for, and/or using such PENN Service.
4. User Representations for Use of PENN Services
The content provided by the PENN Services is for general information purposes only and is for your personal and non-commercial use. In consideration of your use of the PENN Services, you agree to the following:
(b) You will use the PENN Services in accordance with these Terms of Use, and applicable laws and regulations and will not use the PENN Services to engage in any unlawful activity, fraudulent purpose, or to infringe on the rights of PENN, its subsidiaries and/or affiliates, or others. Fraudulent purposes include, without limitation, reselling, impermissibly assigning, or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
(c) You will not pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee, team member, or agent of PENN or any third party that provides services related to the PENN Services.
(d) You will not directly or indirectly interfere, or attempt to interfere, with the proper working of the PENN Services, and you may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, and systems. In addition, you represent and warrant that, without the prior written consent from an authorized representative of PENN, you will not use any robot, spider, crawlers, other automatic device or software, or manual process to monitor or copy the PENN Services (or any parts thereof) or the content contained herein; frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms); or use any metatags or any other "hidden text" utilizing PENN’s name, trademarks, service marks, or trade names, or other identifiers.
(e) You are responsible for all uses of your account, whether or not authorized by you. The PENN Services have links to the websites of the properties owned and operated by PENN’s subsidiaries and affiliates. If you have created an account on one of such property’s websites, you are responsible for maintaining the confidentiality of your sign-in credentials, including your username and password. You agree to ensure that you fully log off from your account at the end of each session and to immediately notify PENN and/or such property of any unauthorized access and/or uses of your account. You further agree not to use anyone else’s credentials to access the PENN Services or to otherwise attempt to gain access to anyone else’s account or account details. If you would like to cancel your account, please contact PENN and/or the applicable property and follow the necessary cancellation procedures as provided to you.
PENN has the right to refuse any and all current or future use of the PENN Services (or any portions thereof) in its sole discretion if PENN reasonably suspects that you have breached any of the above representations or any other terms and conditions of these Terms of Use.
5. PENN Play Patron Loyalty Program
You are not required to become a PENN Play™ patron loyalty program (“PENN Play”) member to visit or use the PENN Services; however, you will not be eligible for offers, promotions exclusive to PENN Play members unless you register for a PENN Play account. You may register for PENN Play membership online by signing up at https://www.pennentertainment.com/rewards. For PENN Play loyalty program rules, please visit https://www.pennentertainment.com/rewards/rules(“Program Rules”). In the event of a conflict between these Terms of Use and Program Rules, the Program Rules will govern to the extent of such conflict with respect to your participation and use of PENN Play. For more information about PENN Play, please visit https://www.pennentertainment.com/rewards/help.
6. Promotions
PENN may make information regarding specific programs, offers, specials, or promotions, which PENN is conducting, available on the PENN Services. Any such program, offer, special, or promotion is subject to the specific terms, conditions, and restrictions listed on the PENN Services in connection with such program, offer, special, or promotion. PENN reserves the right to alter or withdraw any program, offer, special, or promotion at any time. at its sole discretion, subject application laws and regulations. Each program, offer, special, and/or promotion is void where prohibited by law. Please carefully review the terms, conditions and restrictions included in the PENN Services in connection with each program, offer, special, and/or promotion.
7. Proprietary Content
As between you and PENN, except with respect to User Supplied Content (as defined below), all content on the PENN Services, including text, design, graphics, interfaces and code, and the selection and arrangement thereof, is owned by PENN unless otherwise expressly indicated and is protected as a compilation under the copyright laws of the United States and international copyright laws. You may not modify, copy, distribute, transmit, display, perform or create derivative works from the content, information or material on the PENN Services.
Trademarks, names, icons, logos and service marks (“Trademarks”) displayed on the PENN Services are registered and unregistered trademarks of PENN, its licensors or content providers, or other third parties. All Trademarks are the property of their respective owners. Nothing within the PENN Services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed within the PENN Services without the owner's prior written permission. PENN reserves all rights not expressly granted in and to the PENN Services and its content.
ESPN BET™ is operated by PENN and the use of the ESPN BET trade name and related trademarks is under license from ESPN, Inc. Certain content reproduced under license.
8. User Supplied Content
You understand and acknowledge that you are solely responsible for any and all information, data, text, or other materials or content that you provide to PENN,(“User Supplied Content”), and PENN is not responsible nor liable for such user supplied content. User Supplied Content. When you post or transmit information through the PENN Services, you grant PENN a perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, transferable, worldwide license to use, distribute, transmit, reproduce, modify, adapt, create derivate works from, publicly perform, and publicly display such information for any purpose, except for such restrictions as are set forth in these Terms of Use and applicable laws. You understand that the technical processing and transmission of data associated with the PENN Services, including User Supplied Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
While PENN enjoys hearing from its visitors and guests, and welcomes your comments regarding its products and services, PENN’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those that PENN has specifically requested. It is the intent of these Terms of Use to avoid the possibility of future misunderstandings when projects developed by PENN might seem to others to be similar to their own creative work. Please do not send PENN any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork.
PENN, at its sole discretion, reserves the right, but does not assume the obligation, to pre-screen, filter, restrict, refuse, remove, edit, or relocate any User Supplied Content. Without limiting the generality of any of the foregoing, PENN shall have the right to remove any User Supplied Content that violates these Terms of Use or that PENN deems objectionable in its sole discretion.
9. Prohibited Activities
The PENN Services may enable user interaction, via chat rooms, bulletin board services, forums, comments, e-mail function, or other message and communications features (“Interactive Features”). You are entirely responsible for all content that you upload, post, email, or otherwise transmit via the PENN Services and agree to post only information that is proper, lawful, and related to the particular Interactive Feature. While using PENN Services and interacting with any Interactive Feature, you agree that you will not
Post any material that:
• defames, threatens, abuses, or otherwise violates the legal rights of others (including, but not limited to, libelous, tortious, or otherwise harmful material;) or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the bases of any impermissible classification (e.g. racial/ethnic background, gender, sexual orientation);
• Post any material that is false, (including impersonating any other person or entity or misrepresent your connection or affiliation with any person or entity), fraudulent, misleading, deceptive;
• embarrassing, abusive, harmful, or hateful;
• Post any material that is obscene, pornographic, vulgar, profane, indecent, or harmful to children;
• or contains explicit or graphic descriptions, depictions, or accounts of sexual or violent acts;
• Use PENN Services for any unauthorized purposes, such as serving advertisements, promotions, commercial solicitations, contests, or surveys; not authorized by PENN, collecting or storing personal information about other users of the PENN Services by any means for any purpose without PENN’s express written consent, disrupt or otherwise interfere with the PENN Services or the networks or servers used by PENN or that is in contravention of any requirements, procedures, policies, or regulations of networks linked to the PENN Services;
• Use the PENN Services to transmit or disseminate spam/junk mail, chain letters, or information intended to assist in the placement of a bet or wager;
• Use the PENN Services to transmit or disseminate viruses, corrupted files, malware, or any other similarly harmful software or programs that may damage or adversely affect the operation of another’s computer, and/or electronic device such as smartphone or tablet computer (hardware and software), the PENN Services, or the networks or servers used by PENN or that it is in contravention of any requirements, procedures, policies or regulations of networks linked to the PENN Services;
• Use PENN Services to infringe on another’s intellectual property rights, proprietary rights, right to publicity, privacy rights, or any other rights that exists under any law or any contractual or fiduciary relationship; or
• Engage in any illegal activity or conduct that could give rise to civil liability or encourages others to take part in any conduct that could give rise to criminal or civil liability.
10. Use by United States Residents
The content of the PENN Services is published in the United States of America and is directed towards residents of the United States of America. You agree to use the PENN Services, and the contents therein, in accordance with all applicable federal, state, and local laws and these Terms of Use. If you access the Website from outside of the United States of America, you do so at your own risk and are responsible for complying with all applicable laws of the jurisdiction within which you access the PENN Services.
11. Access to the PENN Services
PENN is providing you with the information and functionality in the PENN Services. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless carrier, Internet service provider or other connection and service fees associated with such access, including without limitation airtime service charges, Internet access charges, and data usage charges and overages.
A reference to a product or service on the PENN Services does not imply that such product or service is or will be available in your location. Cancellation policies and other information about specific room reservations and properties may vary by property and by the type of reservation. Individual rate rules, tax information, applicable charges, and cancellation policies are displayed at the end of the booking process section of each Website within the PENN Services.
12. Permitted Users and Age Policy
PENN Services are intended only for users 21 years of age or older. Please leave this Website or otherwise stop using the PENN Service if you are under the age of 21. Exception is made in the case of racing and pari-mutuel operations, where wagering may be permissible by law to those 18 years old and older. By continuing, you hereby release PENN, its affiliates and subsidiaries, and any other parties involved with the operation and/or administration of the PENN Services from any and all liability for your use or access to the PENN Services and the content contained within.
Under penalty of law, persons under 21 years of age will not be allowed to loiter on casino or slots property or participate in any gaming activity and persons under the permissible age will not be allowed to loiter on the property or participate in any racing or pari-mutuel activity. Government issued identifications may be requested from individuals while they are on the premises.
PENN properties do not rent rooms to persons under the age of 21. Any contests, activities, or programs promoted are strictly limited to people over the age of 21, unless otherwise explicitly indicated.
PENN strongly supports parental control of the Internet and, if you are a parent or guardian and do not want your children or ward viewing the Websites, consult the filtering software companies, such as: Net Nanny and Cybersitter. Net Nanny and Cybersitter are third party service providers that are not affiliated with , and are not endorsed by, PENN. PENN does not assume any obligation or liability with respect to the services provided by such third-party service providers.
13. No Arrangements for Prohibited Persons/Excluded Persons
You acknowledge that PENN is a company with locations in the United States of America and Canada, and operates licensed gaming establishments and services in certain jurisdictions within the United States of America and Canada. As such, PENN is subject to restrictions regarding: (i) the provision of certain services to prohibited government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury or other applicable governmental entities of the jurisdictions within which PENN operates (“Prohibited Persons”) and (ii) excluding from its facilities persons that are listed on an applicable exclusion lists or self-exclusions lists (“Excluded Persons”). You agree to use all reasonable efforts not to arrange for any of these Prohibited Persons or Excluded Persons to visit, stay at, use, or tour any PENN facilities or use any PENN products and services, including without limitation, the PENN Services.
Persons who have executed and submitted to PENN or to any gaming authority of a jurisdiction in which PENN operates, an appropriate request for voluntary self-exclusion from casino gambling and/or sports wagering in accordance with applicable law and PENN voluntary self-exclusion program thereunder (“Voluntary Self-Exclusion") may not use the PENN Services. Other limitations of self-excluded persons are contained in the PENN responsible gaming program materials. Rescission of a Voluntary Self-Exclusion is governed by the applicable law and PENN’s applicable responsible gaming program materials. In accordance with the terms and conditions of the Voluntary Self-Exclusion, PENN is not liable for any access by, or services provided to, a self-excluded person’s accessing the PENN Services or creating an online account.
14. Third Party Sites and Links
The PENN Services, including these Terms of Use, may contain links to third-party websites, platforms, or resources. (“External Sites”) which you may access, use, or otherwise interact with. All links to External Sites are provided by PENN solely as a convenience. PENN does not own, operate, control, or endorse any such External Sites accessible through such links, their content or any products or services made available thereon. If you access any External Sites from any PENN Services, you agree and acknowledge that PENN is not responsible or liable for any content or related materials contained on any of these External Sites, including without limitation the accessibility, accuracy, non-infringement, legality, decency, or any other aspect of such content; and therefore release PENN from any and all liability, damage, or loss arising or resulting from your access to, use of, or reliance on any External Sites. Different terms and conditions and privacy policy are applicable to your use of any External Sites, and by accessing and using such External Sites, you agree to be bound by the respective terms and conditions and privacy policies applicable to such External Sites. Further, you may not create a hypertext link from any website controlled by you or otherwise, to any of the PENN Services (or parts thereof) without the express written permission of PENN.
15. Mobile Text Messages
From time to time, PENN may wish to send you informational and/or marketing text messages via short message services (SMS) to the mobile phone number you have provided to PENN while utilizing PENN Services and products.
Message frequency varies. Message and data rates may apply.
For additional information, text HELP to 69759 (for marketing text messages in the US), 71592 (for informational text messages in the US), or contact [email protected].
Mobile Opt-In: By opting in to this service, you consent to receive mobile marketing and/or informational text messages. Consent to receive marketing and/or informational text messages from PENN is not required as a condition of purchasing any goods or services from PENN. You may opt-in by logging into your PENN Play account to manage your communication preferences.
By signing up, you are confirming you are (a) over the age of 21, and (b) not a Prohibited Person, Excluded Persons, or are otherwise subject to any Voluntary Self-Exclusion.
Mobile Opt-Out: Text STOP to 69759 (in the US) to stop receiving mobile text messages from PENN. You will receive a confirmation text.
Supported Carriers: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.
16. NO WARRANTY
THE PENN SERVICES, THEIR CONTENT AND OTHER MATERIALS CONTAINED HEREIN ARE PROVIDED "“AS IS"” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PENN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBCONTRACTORS, SUPPLIERS, AND REPRESENTATIVES HEREBY EXPRESSLY 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 CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY OF PENN SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE PENN SERVICES OR THE SYSTEMS THAT MAKE THEM AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (2) ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT CONTAINED WITHIN THE PENN SERVICES AND FOR ANY DOWNTIME EXPERIENCED ON THE PENN SERVICES.
17. LIMITATION OF LIABILITY
PENN, ITS SUBSIDIARIES AND AFFIALIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, TEAM MEMBERS , SUBCONTRACTORS,AGENTS AND LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH BROWSING OR OTHER USE OF THE PENN SERVICES OR THEIR CONTENT OR DOWNLOADING ANY MATERIALS OR CONTENT FROM THE PENN SERVICES, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR ERRORS, INACCURACIES, OMISSIONS OR MISLEADING STATEMENTS. USERS OF THE PENN SERVICES EXPRESSLY UNDERSTAND AND AGREE THAT SUCH USE IS AT THEIR OWN RISK AND THAT PENN SHALL NOT BE LIABLE TO ANY USER OF THE PENN SERVICES OR THEIR CONTENT, 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, AND LOSS OF DATA, HOWEVER SUCH DAMAGES ARISE, THAT RESULTS DIRECTLY OR INDIRECTLY FROM THE USE OF OR RELIANCE UPON THE PENN SERVICES, THEIR CONTENT OR OTHER INFORMATION OBTAINED, DOWNLOADED, LINKED OR OTHERWISE ACCESSED THROUGH THE PENN SERVICES, EVEN IF PENN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS YOU HAVE WITH THIRD PARTIES FOUND ON OR THROUGH THE PENN SERVICES ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. PENN MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH THIRD PARTIES OFFERING SERVICES ON THE PENN SERVICES. PENN SHALL NOT BE RESPONSIBLE NOR LIABLE FOR OR IN CONNECTION WITH ANY SUCH THIRD -PARTY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
19. Time Limitation
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Use or use of the PENN Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. Indemnification
You hereby agree to indemnify, defend, release and hold harmless PENN, its subsidiaries and affiliates, and its and their officers, directors, employees, subcontractors, team members, agents, and licensors from and against any and all third party claims, liabilities, damages, costs and expenses (including, but not limited to, attorneys’ fees) incurred as a result of or arising from (i) your use of the PENN Services or access by others to the PENN Services under your authority or control or using your account, (whether with or without your authorization), (ii) content or other information you submit, disclose, discuss or provide on the PENN Services, (iii) your violation of these Terms of Use, or (iv) your infringement of any intellectual property or other right of any other person or entity.
21. Disclaimers
The PENN Services allow you to access and view content, including but not limited to benefit and rewards information, reservations, RSVPs, online purchases, transaction history and other related information. The content contained on the PENN Services is not guaranteed by PENN to be accurate, complete, current or reliable and is subject to errors, omissions or withdrawal without notice.
No federal agency or other governmental authority has judged the merits or value, if any, of the information provided on the PENN Services.
22. Procedure For Making Claims of Copyright Infringement
If you believe that any content has been posted on the PENN Services in a manner that constitutes copyright infringement, please notify PENN’s designated Copyright Agent with the written information specified below:
•
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered at the Website by a single notification, a representative list of such works at the Website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PENN to locate the material;
• Information reasonably sufficient to permit PENN to contact you, such as an address, telephone number, and, an email address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PENN’s designated Copyright Agent for notice of claims of copyright infringement is:
Legal Department
PENN Entertainment, Inc.
825 Berkshire Blvd.
Wyomissing, PA 19610
[email protected]
PENN is only able to accept notices in English
You acknowledge that PENN may terminate your access to the PENN Services or any parts thereof at any time, for any reason, with or without cause, including, without limitation, for lack of use, or if PENN believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Termination of access may be without notice and PENN will not have any liability for termination of access. The provisions of the Terms of User that should by their nature survive termination of your access to any PENN Services shall survive such termination.
24. Changes to PENN Services
PENN reserves the right to modify these Terms of Use, and to assign, change, suspend or discontinue, temporarily or permanently, all or any portion of the PENN Services or their content at any time, in PENN’s sole discretion, with or without notice. Your continued use of, or access to, the PENN Services or the content constitutes your acceptance of any modifications to these Terms of Use. You are responsible for remaining knowledgeable as to any modifications that PENN may make to these Terms of Use. Should you not consent to the modified Terms of Use , your sole remedy is to cease use of, or access to, the PENN Services or the content. The most current Terms of Use will be available at all times through the PENN Services and at https://www.pennentertainment.com/terms-of-use and will supersede all previous versions of these Terms of Use.
25. Waiver
Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by PENN. Any waiver of any provision of these Terms of Use shall not be held to be a waiver of any other provision or any subsequent application of the same provision unless explicitly agreed to by PENN in such signed written waiver.
26. CLASS ACTION WAIVER
NOTWITHSTANDING THE GENERALITY OF SECTION 25 ABOVE, YOU AND PENN EXPRESSLY WAIVE EACH OF OUR RESPECTIVE RIGHTS TO ASSERT ANY CLAIMS AGAINST THE OTHER AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, AND FURTHER AGREE NOT TO JOIN OR CONSOLIDATE CLAIMS AGAINST THE OTHER PARTY WITH CLAIMS BY ANY OTHER PERSON AGAINST THE OTHER PARTY, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER YOU OR PENN IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, WE EACH AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
27. Governing Law
These Terms of Use 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 the user is based. You agree to bring any claims arising under these Terms of Use exclusively in courts within the Commonwealth of Pennsylvania. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Terms of Use.
28. Invalidity of Terms
If any part of these Terms of Use is found to be invalid, unlawful, or unenforceable pursuant to applicable law, then such provision will be deemed severable and superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
29. Responsible Gaming
PENN is committed to a policy of Responsible Gaming. PENN recognizes that while the 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/betting, or assistance with these issues, please visit our Responsible Gaming page.
30. Contact Information
If you have any questions about the PENN Services, these Terms of Use, or PENN in general, please contact PENN at [email protected]. or via mail at:
PENN Entertainment, Inc.
825 Berkshire Blvd.
Wyomissing, PA 19610
31. PENN Properties Websites
When accessing and using each website accessed at the URLs listed below, the term “Website” as used in these Terms of Use shall mean the website accessed at each respective URL below. Each Website listed below are part of PENN Services.
www.ameristarcouncilbluffs.com
www.hollywoodcasinocharlestown.com
www.hollywoodcasinoperryville.com
www.hollywoodcasinostlouis.com
www.hollywooddaytonraceway.com
www.hollywoodmahoningvalley.com
www.hollywoodmorgantowncasino.com
www.margaritavillebossiercity.com
www.thelawrenceburgeventcenter.com