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GW NJ SPORTS INC.’S INTERACTIVE GAMING TERMS & CONDITIONS EFFECTIVE OCTOBER 1, 2019

  • 1.Introduction

    IT IS IMPORTANT THAT YOU READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR USE OF PARX CASINO’S INTERACTIVE GAMING SYSTEM, INCLUDING ITS RELATED WEBSITES (“TERMS AND CONDITIONS”) BEFORE USING THEM. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A MANDATORY ARBITRATION CLAUSE IN SECTION 14 OF THESE TERMS AND CONDITIONS, A CLAUSE THAT PROVIDES FOR A CLASS AND COLLECTIVE ACTION WAIVER, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

    The Terms and Conditions you are reading are a legal agreement between GW NJ Sports Inc., Hoboken Riverfront Center, 221 River Street – 9th Floor, Hoboken, NJ 07030 (“Parx”, “Parx Casino®”, “we”, “us”, or “our”), an internet gaming operator, and our Website patrons, visitors, and users (“you” or “your”). By continuing to actively place bets on online games (“Interactive Gaming”), or otherwise continuing to access, link to, or use any online gaming platform operated by Parx, including nj.parxcasino.com (each, a “Website”) and related land-based services (collectively, the “Wagering Platform”), you signify that you agree that you have read, understood, accepted, and agreed to be bound by these Terms and Conditions, as well as the terms set forth in Parx’s Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference and made a part of these Terms and Conditions. You can find the Privacy Policy here. If you do not agree to these Terms and Conditions or the Privacy Policy, do not access or use the Wagering Platform. Please direct your questions about these Terms and Conditions to Parx’s Customer Service (“Customer Service”). See How to Contact Customer Service with Your Questions, Complaints, and Disputes. The account-based Wagering Platform is provided in partnership with GAN, PLC, a company based at Axe & Bottle Court, 70 Newcomen Street, London SE1 1YT (referred to herein as “GAN”), and AC Ocean Walk, LLC, d/b/a Ocean Resort Casino, a casino licensee located at 500 Boardwalk, Ocean City, NJ 08401 (“Ocean”). All content contained on the Wagering Platform is subject to intellectual property rights held by the relevant proprietors. Parx reserves the right, in its sole discretion, to revise or modify these Terms and Conditions at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms and Conditions periodically. Your continued use of the Wagering Platform and related services after a change or modification of these Terms and Conditions has been made will constitute your acceptance of the revised Terms and Conditions. If you do not agree to the Terms and Conditions, your only remedy is to discontinue your use of the Wagering Platform and related services and to cancel any accounts you have created using the Wagering Platform. Parx reserves the right to terminate the account, or to deny access to the Wagering Platform or any features of the Wagering Platform, to anyone who violates these Terms and Condition or who, in our sole judgment, interferes with the ability of others to enjoy the Wagering Platform. Parx may, but is under no obligation to, give you a warning if we believe you have violated these Terms and Conditions or to give you prior notice before terminating or suspending your account.

  • 2.Compliance Statement

    These Terms and Conditions comply with N.J.A.C. § 13:69O-1.2(l) with respect to the operation of interactive gaming in the State of New Jersey.
    (1) You are entering the Terms and Conditions with Parx, as the internet gaming operator, and Ocean, as the casino licensee, as identified above. Parx and Ocean are regulated by the New Jersey Division of Gaming Enforcement (“Division”) and authorized by the Division to operate and offer interactive gaming services in this State, in conjunction with GAN, a casino service industry enterprise licensee.
    (2) You hereby consent to Parx and Ocean confirming and verifying (i) your registration information (i.e., name, address, date of birth, Social Security number, passport identification (for non-United States residents), and any other identification information required to confirm age and identity, and (ii) your location for the duration of wagering or play for purposes of Interactive Gaming.
    (3) You agree to comply with the following rules and obligations:
    i. You are prohibited from allowing any other person to access or use your interactive gaming account;
    ii. You are prohibited from engaging in Interactive Gaming, unless you are physically present in New Jersey.
    iii. You consent to the monitoring and recording by Parx and/or the Division of any wagering communications and geographic location information.
    iv. You consent to the jurisdiction of the State of New Jersey to resolve any disputes arising out of Interactive Gaming.
    v. You are prohibited from utilizing automated computerized software or other equivalent mechanisms, such as a bot, to engage in Interactive Gaming.
    (4) You understand that we do not charge you to deposit to or withdraw from your account. We accept no responsibility for any currency exchange conversions, charges or fees levied by your card issuer, bank or financial institution.
    (5) You understand that account statements detailing player account activity are available by selecting “Balance and History” in the “My Account” section of the Website.
    (6) You understand the Privacy Policy applies, including information access and use of customer data.
    (7) You represent and acknowledge that you are of legal age (i.e., 21 years or older) and understand that it is a criminal offense to allow a person who is under 21 years of age to participate in Interactive Gaming and a player who does so shall be prohibited from participating in same.
    (8) You understand that if your account remains dormant (i.e., not logging into an account) for a period of 1 year, any funds remaining on deposit and any pending wagers may be forfeited under applicable state and federal laws.
    (9) You have a right to set responsible gaming limits and self-exclude Interactive Gaming. See Player Protection Page here.
    (10) You have a right to suspend your account for a period of no less than 72 hours. See Player Protection Page here.
    (11) (a) You understand that with respect to interactive gaming, some single player games are multi stage and may include bonus games. If you are disconnected from the Internet or a mobile telephone network during a bonus single player game or a multi-stage single player game, reconnecting and re-selecting the game (at the same value where applicable) should cause the game to recommence from the point at which it terminated. Non-multi stage single player games will complete the outcome of the game or bonus single player game in your absence and will credit your Patron account if you win. If a bonus single player game cannot for any reason be recommenced in this way, this is considered a malfunction unless otherwise stated in the specific game rules. If there is a disconnection, the records stored on the game server shall be the final authority in determining the terms of any wagers you place and the circumstances in which they were made.
    (12) You understand that a malfunction voids all transactions and pays.
    (13) You understand that it may take up to 10 business days, depending on your withdrawal type, to process a withdrawal of funds request from your interactive gaming account.

  • 3.Eligibility To Play

    Use of the Wagering Platform and activities therein are restricted. The following individuals are prohibited from creating an account, using the Wagering Platform, or otherwise participating in the activities offered through the Wagering Platform or Website, including Interactive Gaming (“Prohibited Persons”):
    - Individuals not located in New Jersey while engaging in Interactive Gaming,
    - Individuals under 21 years of age,
    - Individuals who are listed on the Division’s Exclusion List (pursuant to N.J.S.A. 5:12-71 et seq.), self-excluded (pursuant to N.J.S.A. 5:12-71.2), on any other jurisdiction’s gambling prohibition list or directory, or on Parx’s eviction list;
    - Individuals who are currently, or were within the past 30 days, employees of Parx, including any of its affiliates;
    - Individuals who are currently, or were within the past 30 days, casino key employees (pursuant to N.J.S.A. 5:12-9);
    - Individuals who are currently, or were within the past 30 days, employees of Ocean, who, in the judgment of the Division, are directly involved with the conduct of gaming operations, including but not limited to dealers, floor persons, box persons, security and surveillance employees.
    - Individuals who are currently, or were within the past 30 days, employees or agents of GAN or any other third party providers of services or games to Parx in connection with the Website, including but not limited to software licenses, software supplies, software developments, and remote gaming systems.
    Parx makes no representation as to the legal right for you to participate in Interactive Gaming or that the materials or content on the Wagering Platform are appropriate or available in any particular location or jurisdiction unless expressly stated in these Terms and Conditions. None of our employees, partners, suppliers, licensees, distributors, wholesalers, affiliates, subsidiaries, advertisers, promotors, other agencies, media partners, or agents are authorized to make any such representation. You choose to access the Wagering Platform on your own initiative and you are responsible for compliance with local laws to the extent applicable.
    In the event you circumvent any systems or procedures employed by Parx or its designees to prevent access by Prohibited Persons, your account will be subject to immediate closure. By accessing or using the Wagering Platform, including participating in Interactive Gaming, you agree that you are not a Prohibited Person.

  • 4.INTERACTIVE GAMING RULES

    A. General Rules
    Parx reserves the right to cancel or suspend Interactive Gaming or related services should a virus, bug, worm, communication or server failure occur or for any other reason we deem necessary or appropriate in our sole discretion and without liability.

    Parx also reserves the right to change any part of the Wagering Platform at any time or discontinue the Wagering Platform or any part thereof, for any reason, without notice to you and without liability.
    IF YOU ARE A PROHIBITED PERSON, YOU WILL NOT BE PERMITTED TO WITHDRAW ANY WINNING WAGERS OR REDEEM A WINNING TICKET AND YOUR WINNING WAGERS AND/OR TICKET WILL BE DEEMED VOID. IN ADDITION, YOU WILL BE FURTHER SUBJECT TO THE RULES, REGULATIONS AND POLICIES CONCERNING YOUR PRESENCE AT ANY ONSITE PREMISES RELATED TO THE WAGERING PLATFORM.
    Wagers placed on our games will use your available funds in the following order:
    • Restricted Cash
    • Restricted Bonus
    • Cash
    • Site credit
    You may view the separation of your funds by visiting the Balance & History page on the Website.

    B. Interactive Gaming Rules
    The following rules govern your participation in Interactive Gaming on the Wagering Platform:
    (1) Games found on the Website and within Betting Apps are a mixture of 1) Single-player games and 2) Person-to-person or multi-player games.
    (2) You must comply with all game-specific rules, which are posted within each game.
    (3) Where applicable, the game rules for each game will provide you with details in respect to the minimum bet amount. Please note that maximum bet amounts may apply, and will be indicated to you where relevant.
    (4) Where applicable, the game rules for each game will provide you with details in respect of maximum payouts.
    (5) Where applicable, the rules for each game will provide you with details in respect of bet confirmations.
    (6) All cleared winnings will be credited to your Account.
    (7) Results will be as published and confirmed by the relevant governing body or as otherwise generally accepted.
    (8) Malfunction voids all wagers, pay and play.
    (9) From time to time we may offer you certain bonuses, the chance to enter competitions and/or promotions, or you may be automatically entered into a competition and/or promotion as a result of being a patron. We will provide the specific rules for such bonuses, competitions, and/or promotions at the relevant time. Where any such specific rules conflict with these Terms and Conditions, the specific rules apply. Following are procedures to cancel your participation in a bonus or promotional wagering offer:
    • You can opt out of the first deposit bonus or expire the promotion before you begin wagering with no penalty.
    • If you cancel the bonus or expire the promotion after you have started wagering and won money, you forfeit the bonus/promotion and winnings, and will only be left with your original deposit amount.
    • If you cancel the bonus or expire the promotion after you have started wagering and lost money, you forfeit the bonus/promotion and whatever portion of cash you have used to wager.

  • 5.Account Registration Process

    Any reference to accounts throughout these Terms and Conditions applies solely to Interactive Gaming and related activity that is online and account-based.
    To access account-based interactive gaming, you must first register for an account. We will ask you to provide certain information, including, but not limited to, your username, e-mail address, password, and personally identifiable information. We may also request additional personal information for verification. Our Privacy Policy governs the use of any information you provide to us as part of the account registration process or ticket redemption process.

  • 6.Responsibility For Your Login Information And Account

    It is important to note that your username will be open and visible to other players on the Website. If you wish to keep your identity confidential, you should select a user name that does not reveal who you are.
    The following rules govern the security of your username, password, and other account details (collectively, “Account Information”). Parx is not responsible for any loss or damage arising from your failure to protect your Account Information. The following rules govern your management of your Account Information:
    • You are responsible for all uses of your Account Information.
    • You will protect the confidentiality of your Account Information and not disclose your Account Information to any other person.
    • You are responsible for all actions and communications through your account that occur under your Account Information or in your account, whether or not authorized by you.
    • You will notify us immediately, and modify your username and password, if you become aware of or reasonably suspect any breach of security, including, without limitation, any loss, theft or unauthorized disclosure of your Account Information or unauthorized access to or use of your account
    • You agree that we may terminate your account if someone else uses it.
    • You (i) will monitor your account to restrict use and deny access to any Prohibited Persons, (ii) accept full responsibility for any unauthorized use of your account by any Prohibited Persons, including anyone who is less than 21 years of age.
    • Parx is not required to maintain your Account Information, including usernames or passwords, and if you misplace, forget or lose your Account Information or are otherwise unable to enter the Website, we will not be responsible and will not be held liable for any claims regarding your account.
    • You will exit from your account (logoff) at the end of each session.
    • Parx may remove your username at any time and for any reason, including but not limited to, claims by a third party that your username violates the third party’s rights.

  • 7.Your Limited Right To Use Wagering Platform Materials

    The Wagering Platform, including all the materials available on the Website or the onsite platforms are the property of Parx, GAN, and/or our partners, affiliates, suppliers, or licensors, and are protected by copyright, trademark, and other intellectual property laws. Certain copyrights to the Wagering Platform for account-based interactive gaming, including rights to the work and designs provided by GAN, are owned by GAN. All rights reserved.
    The Wagering Platform is provided solely for your personal entertainment and noncommercial use. You may not re-transmit, print or photocopy the materials on the Wagering Platform for re-distribution in any medium without the written permission of Parx and GAN. You may not use the Wagering Platform or the materials available on the Wagering Platform in a manner that constitutes an infringement of the rights of Parx, GAN, our partners, affiliates, suppliers, or licensors, or in a manner that has not been authorized by us. More specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit or distribute in any manner or medium (including by email or other electronic means) any material from the Wagering Platform. You may, however, from time to time, download and/or print one copy of individual pages of the Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You should contact Customer Service for information about requesting permission to reproduce or distribute materials from the Wagering Platform. See How to Contact Customer Service with Your Questions, Complaints, and Disputes.

  • 8.Representations And Agreements Of Players

    By participating in Interactive Gaming, or opening and using an account on the Website, you understand, represent, and agree that:
    • Your use of the Wagering Platform is solely for your own personal entertainment and any other access, use or reuse of this Website for commercial, professional or any other purposes is strictly prohibited;
    • Your participation in Interactive Gaming is at your sole option, discretion and risk;
    • You understand and agree to be a party to and abide by these Terms and Conditions, the Privacy Policy, and all other rules, regulations, terms and conditions that apply to the use of the Wagering Platform and participation in the games as are in effect and posted onsite or on the Website;
    • You meet the eligibility requirements listed under Eligibility to Play;
    • You only have one account, username and password for the Website and understand that your account may be closed if Parx determines, in our sole discretion, that you may be operating more than one account or username on the Website;
    • You will not allow any other person to use your account information to participate in Interactive Gaming, to use or reuse your account, or to access or use any content on the Website;
    • You will review these Terms and Conditions each time you participate in Interactive Gaming or the Website activity;
    • You do not find Interactive Gaming or the Website content to be offensive, objectionable, unfair or indecent;
    • You will receive mailings, cellular text messages and/or emails informing you of news and information relating to the Wagering Platform, Interactive Gaming, and/or the other services and products of Parx and its affiliates from time to time (you can unsubscribe from future mailings at any time as explained in the Privacy Policy);
    • Parx, in our sole discretion and without liability of Parx, may:
    - Decline to accept wagers of any person, including you, or
    - Decline to accept a registration to set up an account of any person, including you;
    - Restrict, discontinue, suspend, or terminate access of any account to the Website for any reason whatsoever.

  • 9.Collusion, Cheating And Fraud

    If we determine or suspect that a transaction is suspicious (including, but not limited to, collusion between patrons, whether using our systems or other systems) and involves or may involve financial crime, fraud, cheating or irresponsible gaming behavior, or breaches any of our policies, we may retain the amount of that transaction and any other transaction made by you. We shall be under no obligation to provide you with any reasons for doing so. In addition, we may disclose information of such activity (including, but not limited to, any details relating to you) to the regulators and other applicable law enforcement agencies.
    Fraud or Gaming System Malfunction: We may withhold winnings, void or freeze wagers, and notify the regulators if you or another patron manipulates the games in a fraudulent manner, if there is collusion (or suspected collusion) between patrons, or if the gaming system itself malfunctions.
    If you suspect any player is cheating, colluding or undertaking a fraudulent or unlawful activity, you should report your suspicion to Customer Service immediately. Please identify the name and/or username of the player or players involved and provide a brief description of their suspicious activities.
    We may terminate your Interactive Gaming activity and account and, at our sole discretion, withhold or confiscate all or part of any of your winning wagers or bets if:
    • you are found to be or reasonably suspected to be participating in any form of collusion or fraudulent practice; or
    • you violate or promote the violation of any applicable laws, statutes, or regulations.

  • 10.Disclaimer Of Liabilities

    You agree that your use of the Wagering Platform is at your sole risk and the risk of loss, harm or damage from your use of the Wagering Platform and engaging in Interactive Gaming rests entirely with you.
    The materials on the Wagering Platform are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, Parx, its partners and suppliers, each of their respective subsidiary, parent, affiliate, or successor companies, and each of their owners, officers, directors, employees and agents (“Provider Parties”) disclaim all warranties, explicit or implied, in connection with the Wagering Platform and your use thereof, including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness and timeliness.
    Without limiting the foregoing, Provider Parties make no warranties or representations about and assume no liability or responsibility for any of the following:
    • Errors, mistakes or inaccuracies of content of the Wagering Platform;
    • Technical, hardware, software, telephone failures of any kind, including the loss or unavailability of network connections or computer malfunctions;
    • Attempts by you to participate in the Wagering Platform by methods, means or ways not intended by us;
    • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Wagering Platform;
    • Illegal conduct by any third party;
    • Unauthorized access to or use of a Parx server and/or any and all personal information and/or financial information stored therein;
    • Interruption or cessation of transmission to or from the Wagering Platform, including incomplete, garbled or delayed computer transmissions;
    • Malware, bugs, viruses, Trojan horses or the like which may be transmitted to or through the Wagering Platform by any third party;
    • Technical or human errors or omissions in any content or loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Wagering Platform;
    • Refusal to allow you to participate or continue to participate in any Wagering Platform feature; or
    • Any activity or content associated with hyperlinks to other websites maintained by third parties. Links to third party websites are for your convenience and information only. The content on any linked website is not under our control and we are not responsible it. Your access to third party websites linked to the Website is entirely at your own risk.

  • 11.Limitation Of Liability

    UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL PROVIDER PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOST PROFITS, LOSS OF CHANCE OR OPPORTUNITY OR LOST DATA ARISING FROM YOUR USE OF OR INABILITY TO USE THE WAGERING PLATFORM OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE WAGERING PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROVIDER PARTIES HAVE BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF THESE DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PROVIDER PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PROVIDER PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WAGERING PLATFORM, OR ANY MATERIALS, PRODUCTS OR SERVICES THEREON, OR WITH ANY OF THE WAGERING PLATFORM’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WAGERING PLATFORM.

  • 12.Indemnification

    To the fullest extent permitted by law, you agree to fully defend, indemnify and hold harmless Provider Parties for, from and against any and all liability for loss, damage and expense (including, without limitation, attorneys' fees and court costs) for which Provider Parties may be held liable or incur by reason of bodily injury or harm (including death) to any person or property damage or other loss of whatsoever kind or nature arising out of or in any manner connected with your (or any other person using your account’s) access to or use of the Wagering Platform or any services related thereto, including without limitation Interactive Gaming or violation of the Terms and Conditions, even for, and if caused in whole or in part by, any act, omission, negligence, or strict liability of the Provider Parties.
    If indemnification for the Provider Parties’ negligence or other level of liability is expressly prohibited by law, such defense shall continue until it is conclusively established by a court of competent jurisdiction that: 1) the Provider Parties are solely liable for causing the bodily injury or property damage alleged; and 2) that Provider Parties are liable for causing any part of the bodily injury or property damage for which defense and indemnification is sought.
    We reserve the right to take exclusive control and defense of any indemnified claim. In such event, you agree to provide us with cooperation as is reasonably requested by us.

  • 13.Mandatory Arbitration

    PLEASE READ THIS PROVISION OF THE TERMS AND CONDITIONS CAREFULLY, IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY CONTROVERSY OR DISPUTE BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. IN ARBITRATION, YOU MAY CHOOSE TO HAVE A HEARING AND BE REPRESENTED BY COUNSEL.

    Agreement to Arbitrate: You and we agree that either you or we may, without the other’s consent, require that any controversy or dispute between you or us (all of which are called “Claims”) as described below (“Claims Covered”) be submitted to mandatory, binding arbitration. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (“FAA”), 9 U.S.C. Section 1, et seq. and the laws of the State of New Jersey.
    Claims Covered:
    • Claims subject to arbitration include, but are not limited to, disputes relating to Interactive Gaming or any other activity conducted on the Wagering Platform; the establishment, terms, treatment, operation, handling, limitations on or termination of your account; any disclosures or other documents or communications relating to your account; any transactions or attempted transactions involving your account, whether authorized or not; billing, billing errors, credit reporting, the posting of transactions, payment or credits, or collections matters relating to your account; services or benefits programs relating to your account, whether or not they are offered, introduced, sold or provided by us; advertisements, promotions, or oral or written statements related to your use of the Wagering Platform or your account (or preceding the opening of) your account; the application, enforceability or interpretation of this Agreement, including this arbitration provision; and any other matters relating to the Wagering Platform, your account, a prior related account or the resulting relationships between you and us. Any questions about what Claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced.
    • Claims subject to arbitration include not only Claims made directly by you, but also Claims made by anyone connected with you or claiming through you, such as a co-applicant or authorized user of your account. Similarly, Claims subject to arbitration include not only Claims that relate directly to us, a parent company, affiliated company, and any predecessor and successors (and the employees, officers and directors of all of these entities), but also Claims for which we may be directly or indirectly liable, even if we are not properly named at the time the Claim is made.
    • Claims subject to arbitration include Claims based on any theory of law, any contract statute, regulation, ordinance, tort (including fraud or any intentional tort), common law, constitutional provision, respondent superior, agency or other doctrine concerning liability for other persons, custom or course of dealing or any other legal or equitable ground (including any claim for injunctive or declaratory relief). Claims subject to arbitration include Claims based on any allegations of fact, including an alleged act, inaction, omission, suppression, representation, statement, obligation, duty, right, condition, status or relationship.
    • Claims subject to arbitration include Claims that arose in the past, or arise in the present or future. Claims are subject to arbitration whether they are made independently or with other claims in proceedings involving you, us, or others. Claims subject to arbitration include Claims that are made as counterclaims, cross-claims, third-party claims, interpleaders, or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any Claim(s) advanced in the lawsuit by any other party or parties. Claims subject to arbitration include Claims made as part of a class action or other representative action, and the arbitration of such Claims must proceed on an individual basis.
    • If you or we require arbitration of a particular Claim, neither you, we, nor any other person may pursue the Claim in any litigation, whether as a class action, private attorney general action, other representative action or otherwise.
    Claims are not subject to arbitration if they are filed by you or us in a small claims court, so long as the matter remains in such small claims court and advances only an individual claim for relief.
    In the event that the arbitration agreement in these Terms and Conditions is for any reason held to be unenforceable, any litigation against Parx may be commenced only in a state court located within the State of New Jersey, or in the United States District Court for the District of New Jersey, and you and we consent to the exclusive jurisdiction of those courts for such purposes.
    Initiation of Arbitration: The party filing an arbitration must choose one of the following three arbitration administrators: National Arbitration Forum; American Arbitration Association; or JAMS. These administrates are independent from us, and you must follow their roles and procedures for initiating and pursuing an arbitration. If you initiate the arbitration, you must also notify us in writing at GW NJ Sports Inc., 2999 Street Rd., Bensalem, PA 19020, Attn: Legal Department. If we initiate the arbitration, we will notify you in writing at your then current billing address or (if your account is closed) the last address we have on file for you. Any arbitration hearing that you attend will be held at a place chosen by the arbitrator or arbitration administrator in the same city as the United States District Court closest to your billing address, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the three arbitration administrators named above, and other related materials, including forms and instructions for initiating an arbitration, by contacting the arbitration administrators as follows:

     

    National Arbitration Forum American Arbitration Association JAMS
    P.O. Box 50191 335 Madison Avenue, Floor 10 1920 Main Street, Suite 300
    Minneapolis, MN 55405-0191 New York, NY 10017-4605 Irvine, CA 92614-7279
    Web Site: www.arbitration-forum.com Web Site: www.adr.org Web Site: www.jamsadr.com

     

    Procedures and Law Applicable in Arbitration: A single arbitrator will resolve Claims. The arbitrator will either be a lawyer with at least ten years’ experience or a retired or former judge. The arbitrator will be selected in accordance with the rules of the arbitration administrator and will be neutral. The arbitration will be conducted under the applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed unless this arbitration provision is inconsistent with those procedures and rules, in which case this Agreement will prevail. These procedures and rules may limit the amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, as agreed, and will honor claims of privilege recognized at law. The Arbitrator must apply the substantive law of the State of New Jersey, and the Arbitrator is without jurisdiction to apply any different substantive law. The arbitrator will take reasonable steps to protect customer account information and other confidential information, including the use of protective orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The Arbitrator will have the authority to hear and decide dispositive motions, including a motion to dismiss or a motion for summary judgment by any party, and will apply the standards under the Federal Rules of Civil Procedure to such motions. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, and will not have the power to award relief to, against, or for the benefit of, any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award.
    Costs: If we file the arbitration, we will pay the initial filing fee. If you file the arbitration, you will pay the initial filing fee, unless you seek and qualify for a fee waiver under the applicable rules of the arbitration administrator. We will reimburse you for the initial filing fee if you paid it and you prevail. If there is a hearing, we will pay any fees of the arbitrator and arbitration administrator for the first day of that hearing. All other fees will be allocated in keeping with the rules of the arbitration administrator and applicable law. However, we will advance or reimburse filing fees and other fees if the arbitration administrator or arbitrator determines there is other good reason for requiring us to do so, or we determine there is good cause for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, except that the arbitrator shall apply any applicable law in determining whether a party should recover any or all expenses from another party.
    No Consolidation or Joinder of Parties: All parties to the arbitration must be individually named. Claims by persons other than individually named parties shall not be raised or determined. Notwithstanding anything else that may be in this arbitration provision or Agreement, no class action, private attorney general action or other representative action may be pursued in arbitration, nor may such action be pursued in court if any party has elected arbitration. Unless consented to by all parties to the arbitration, Claims of two or more persons may not be joined, consolidated or otherwise brought together in the same arbitration (unless those persons are applicants, co-applicants or authorized users on a single account and/or related accounts or parties to a single transaction or related transactions); this is so whether or not the Claims (or any interest in the Claims) may have been assigned.
    Enforcement, Finality, Appeals: you or we may bring an action, including a summary or expedited motion, to compel arbitration of Claims subject to arbitration, or to stay the litigation of any Claims pending arbitration, in any court having jurisdiction. Such action maybe brought at any time, even if any such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Failure or forbearance to enforce this arbitration provision at any particular time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any additional or different agreement between you and us regarding arbitration must be in writing. Within fifteen days after an award by the single arbitrator, any party may appeal the award by requesting in writing a new arbitration before a panel of three neutral arbitrators designated by the same arbitration administrator. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel, or an award by a single arbitrator after fifteen days has passed, shall be final and binding on the parties, subject to judicial review that may be permitted under the FAA. An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court having jurisdiction. An award in arbitration shall determine the fights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, nor on the resolution of any other dispute or controversy.
    Nothing in these Terms and Conditions prevents either party from making a report to or filing a claim or charge with a government agency, including, without limitation, the Division. This arbitration clause does not affect your ability to file a complaint with the Division through the procedures identified in the Player Protection Page. These Terms and Conditions also do not prevent administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by these Terms and Conditions. Nothing in these Terms and Conditions prevents or excuses a party from satisfying any conditions precedent or exhausting administrative remedies under applicable law before bringing a claim in arbitration.
    Severability, Survival: This arbitration provision shall survive: (i) termination or changes in the Agreement, the account and the relationship between you and us concerning the account; (ii) the bankruptcy of any party; and (iii) any transfer or assignment of your account, or any amounts owed on your account, to any other person. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.

  • 14.Class Action And Collective Action Waiver

    PARX AND YOU EXPRESSLY, SPECIFICALLY, AND KNOWINGLY AGREE THAT ANY CLAIM MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. PARX AND YOU KNOWINGLY WAIVE ANY RIGHT FOR ANY DISPUTE TO BE BROUGHT, HEARD, DECIDED OR ARBITRATED AS A CLASS ACTION OR COLLECTIVE ACTION AND THE ARBITRATOR WILL HAVE NO AUTHORITY TO HEAR OR PRESIDE OVER ANY SUCH CLAIM (“Class and Collective Action Waiver”).
    Notwithstanding any other clause or language in these Terms and Conditions or any rules or procedures that might otherwise apply because of these Terms and Conditions (including without limitation the arbitration rules discussed herein) or any amendments or modifications to those rules, any claim that the Class and Collective Action Waiver, or any portion of the Class and Collective Action Waiver is invalid, unenforceable, unconscionable, void, or voidable, will be determined only by a court of competent jurisdiction and not by an arbitrator.

  • 15.Governing Law

    The validity, interpretation, construction, and enforcement of these Terms and Conditions and your use of the Wagering Platform and any related services, including Interactive Gaming, shall be governed and controlled by the laws of the State of New Jersey, without regard to its choice of law or conflict of laws rules.

  • 16.Limitation On Statute Of Limitations

    You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Wagering Platform or these Terms and Conditions must be filed by you within one year after such claim or cause of action arose or be forever barred.

  • 17.Severability

    If any provision of these Terms and Conditions is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms and Conditions.

  • 18.No Assignment; No Third Party Beneficiaries

    These Terms and Conditions are personal to you and you may not assign them to anyone. These Terms and Conditions are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms and Conditions may only be invoked or enforced by you or us.

  • 19.Entire Agreement

    These Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter contained in these Terms and Conditions and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Wagering Platform, including the games’ rules. In the event of any conflict between the games’ rules or any other such third-party terms and conditions and these Terms and Conditions, unless expressly otherwise stated herein, these Terms and Conditions control and will govern.

  • 20.How To Contact Customer Service With Your Questions, Complaints, And Disputes

    If you have any questions, complaints, or disputes relating to these Terms and Conditions, the Wagering Platform, or any related services, please contact our Customer Service team at njsupport@parxcasino.com.

 

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