Online Terms and Conditions
These Terms and Conditions (“Terms”) set forth a legally binding agreement between you and Morongo Band of Mission Indians (“Morongo,” “we,” “our,” or “us”)and govern your use of our websites (“Websites”), mobile apps (“Apps”), and other online or mobile services operated by Morongo that link to these Terms (collectively, the “Services”).
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING MORONGO’S LIABILITY (SEE SECTION 10).
In some instances, both these Terms and separate terms setting forth additional conditions may apply to a service or product offered via the Services (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. USE OF THE SERVICES
Content
The Services may contain (i) materials and other items relating to Morongo and its Services including: data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Services; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Morongo; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
All rights, title, and interest in and to the Services and the Content are the property of Morongo, its licensors, or certain other third parties, and are protected by Morongo, United States, and international copyright, trademark, trade dress, patent, and/or other intellectual property laws and unfair competition rights and laws, to the fullest extent possible.
Limited License
Subject to your strict compliance with these Terms, Morongo grants you a limited, non-exclusive, revocable, worldwide, non-assignable, personal, and non-transferable license to download, display, view, and use the Services, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Services or any Content; and (ii) may be immediately suspended or terminated for any reason, in Morongo’s sole discretion, and without advance notice or liability. Your unauthorized use of the Services or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Eligibility
You must be at least 18 years old to access, register an account, or otherwise use our Services. By using our Services, you represent and warrant that you are of legal age and have the legal capacity to enter into these Terms. If you are under the age of majority, you represent that if you access the Services, you will do so under the supervision of a legal guardian who agrees to be bound to these Terms on your behalf.
Restrictions
You agree to use our Services only for lawful purposes and in accordance with applicable laws, regulations, directives, and agreements that apply to your use of the Services and Content. You further agree that you will not: (i) use the Services or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Services or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Morongo; (iii) harvest any information from the Services or Content; (iv) infringe any intellectual property right or other right of any third party; (v) reverse engineer or modify the Services or Content; (vi) interfere with the proper operation of the Services or its security features; (vii) use the Services or Content in a manner that suggests an unauthorized association with Morongo or any other party, or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms. Without limiting the foregoing, you may not use any automated systems, bots, spiders, or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Services and only for purposes consistent with these Terms.
Reservation of All Rights
All rights not expressly granted to you are reserved by Morongo and its licensors and certain other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Services or Content for any purpose is prohibited.
2 . ACCESS TO THE SERVICES
Account Registration
To access certain features and functionality of our Services, you may be required to create an account. If you create an account on the Services, you agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account at the contact listed in Section 9. You shall not sell, transfer, or assign your account or any account rights.
Availability of the Services
Your use of the Services must be in accordance with any and all procedures, forms, formats, displays, and operating times which may be determined, specified, or modified by Morongo in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Services or to receive any communications from Morongo.
The Services may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of Morongo, access to the Services may be interrupted or suspended from time to time. Morongo shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, Content, availability, and equipment needed for access or use.
Suspension or Termination of the Services
Morongo may immediately suspend or terminate the availability of the Services, in whole or in part, to any individual user or all users, for any reason, in Morongo’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Services, or upon notice from Morongo, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services.
3. CONTENT YOU SUBMIT
You may now or in the future have the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services (collectively, “Submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials and the ideas contained therein (collectively, but excluding any Content included therein, “User Content”). You acknowledge that any User Content that you Submit through the Services will be deemed to be non-confidential and may be disclosed through the Services to other parties on a worldwide basis, including for browsing, downloading, printing, and other uses by such other persons or entities.
You agree that Morongo shall have, and hereby grant to Morongo, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, or use, in any form or media, any User Content that you Submit to Morongo. Morongo does not endorse any User Content or third-party product or service that may appear in connection with use of the Services. Nothing in these Terms shall obligate Morongo to use any User Content you Submit or permit the posting of such User Content on any website or platform.
Please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you Submit are deemed User Content and licensed to us as set forth above. Morongo’s receipt of your Unsolicited Ideas and Materials is not an admission by Morongo of their novelty, priority, or originality, and it does not impair Morongo’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
You agree not to Submit User Content through the Services or to Morongo except for User Content that is fully authorized for purposes of the Services and compliant with these Terms. By providing User Content in connection with the Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to Submit the User Content. It is your obligation to determine the extent to which User Content you Submit is protected by applicable intellectual property laws. You agree that you will not engage in any activity or conduct, or Submit any User Content or other material, that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable, and that you will not cause damage, embarrassment, or adverse publicity to Morongo.
4. RELIANCE ON SITE CONTENT AND CONTENT ACCURACY
Morongo assumes no responsibility regarding the accuracy, currency, or usefulness of the Content provided by or presented on the Services. Any reliance you place on such information is strictly at your own risk. Morongo disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its Content.
Morongo will use reasonable efforts to include accurate and current information on the Services, but there may be occasions when information on the Services contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. Morongo reserves the right to correct any errors and to update information available via the Services at any time.
5. DATA PRIVACY
You understand, acknowledge, and agree that the operation of certain areas of the Services and the creation of an account may require or involve the submission, use, and dissemination of various personal information including, but not limited to, your phone number, email address, and zip code. When you use the Services, we may store, process, and access Personal Information (as described in our Privacy Policy). If GPS, geo-location, or other location-based features are enabled on the device where the App is accessed, you acknowledge that your device location may be tracked and may be shared with others consistent with the Privacy Policy. Use location-based services at your own risk as location data may not be accurate.
For more information on Morongo’s practices regarding collection and use of personal information, please visit our Privacy Policy.
6. THIRD-PARTY SITES AND OTHER INFORMATION
The Services may contain, as a convenience to you, content, links, and other information submitted by third parties over whom Morongo has no control or responsibility. Morongo has no obligation to monitor, control, or restrict the use of the Services, or third-party websites or services accessible via links available as part of the Services. These other websites are not under Morongo’s control, and you acknowledge that, whether or not such websites are affiliated in any way with Morongo, Morongo is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of any website by Morongo or any association with its operators. The statements and/or opinions expressed in third-party links are solely the opinions and the responsibility of the person or entity providing those materials.
7. SMS TEXT ALERTS
Morongo Casino Resort Spa’s SMS text message program is operated by Morongo. By enrolling, you agree to receive a confirmation text message to confirm your participation in this program. Once enrolled, you agree to receive recurring marketing and promotional text messages from or on behalf of Morongo about products, services, events, and special offers. Message frequency may vary. At any time, you may cancel this text message service by replying STOP to the Opt-In SMS text message. This text message service will continue until you cancel. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
General SMS Program Opt-In/Opt-Out: To sign-up text MORONGO to 51200. To cancel: Text STOP to 51200. For Support text HELP to 51200 or call 951-849-3080 or email: [email protected]
8. RESPONSIBLE GAMING
We are committed to promoting responsible gaming. If you believe you may have a gambling problem, we encourage you to seek help. We provide resources and tools to help you manage your gaming activity, including self-exclusion options. https://morongonation.org/gaming-agency/problem-gambling/.
9. REWARDS, BONUSES AND PROMOTIONS
We may allow you to register for our rewards program via the Services (“Rewards Program”). Please refer to the Rewards Program Terms and Conditions for more information.
We may also offer bonuses and promotions to our users. Specific terms and conditions will apply to each promotion, and you should review those and these Terms carefully before participating. Bonuses may be subject to other wagering requirements and expiration dates.
10. LIMITATION OF LIABILITY
MORONGO’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH MORONGO (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICES OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MORONGO, ITS AFFILIATES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MORONGO HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. MORONGO’S, ITS AFFILIATES’, AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. MORONGO DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH A WEBSITE OR AS PART OF THE SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MORONGO WILL BE LIMITED TO ANY AMOUNT PAID TO MORONGO BY YOU IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES THAT UNDERLIE THE CLAIM.
11. WARRANTY DISCLAIMER
THE SERVICES, THE CONTENT, AND ITS LINKS AND COMMUNICATIONS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. MORONGO DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, FREEDOM FROM MALWARE, AND RELIABILITY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Morongo, its affiliates, and its respective officers, directors, and employees from and against any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with any of the following: (i) your use of the Services; (ii) your breach or your violation of these Terms; (iii) your User Content; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or order; (v) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. Morongo reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Morongo’s defense of any claim. You will not in any event settle any claim without the prior written consent of Morongo.
13. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY MORONGO.
14. TERMS OF SALE
Order Acceptance
You can purchase certain products on certain Services. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service is void where prohibited. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order (the “Order”). By confirming your purchase during the checkout process, you agree to pay for your Order. All Orders must be accepted by Morongo in order to become a binding obligation to sell you products via the Services.
As permitted by applicable law, we reserve the right to refuse any Order you place with us or to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may, in our sole discretion and for any reason, limit or cancel quantities purchased per person, per household, or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Morongo reserves the right to require additional verification or information before accepting any Order. Morongo may contact you if additional information is required to accept your Order.
Pricing and Product Availability
All prices published for any products or services are set by Morongo in its sole discretion and we may change our prices from time to time. Certain pricing or products or services may be available exclusively online through the Services.
We have made every effort to accurately describe our products or services and display as accurately as possible the colors and images of our products; however, we do not warrant that such specifications, pricing, or other information is complete, accurate, reliable, current, or error-free. If a product you purchased or accepted from Morongo is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price. Refund, return, and shipping terms may be subject to Additional Terms.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Payment Details
Morongo accepts credit and debit cards and you represent and warrant that (i) the credit card or debit card information you provide to Morongo and/or our Payment Processor (as defined below) is true, correct, and complete; (ii) that you are the person in whose name the credit card or debit card was issued and/or you are authorized to make a purchase with the relevant credit card or debit card; (iii) charges incurred by you will be honored by your credit/debit card company or bank; and (iv) you will pay the charges incurred by you in the amounts posted, including any applicable taxes.
You will promptly notify Morongo if your payment information has changed, if your payment method has been canceled, or if you become aware of a breach of security. If your payment card details change or are due to expire, we may request updated payment details from you, including your card number, expiration date, and CVV (or equivalent).
All credit card, debit card, and other monetary transactions on or via the Services occur through an online payment processing application that is provided by our third-party payment processor (“Payment Processor”). Your use of the payment application may be subject to additional Payment Processor terms, which may be presented to you at the time of checkout. If our Payment Processor is unable to secure funds from your payment method for fees that are due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Morongo may undertake further collection action, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate your access to the Services.
You agree to waive all claims against Morongo and its third-party affiliates, including our third-party Payment Processor, related to any unauthorized payments made on or through the use of account outside of Morongo’s control, regardless of whether such payments are authorized or unauthorized.
Order Cancellations
To the fullest extent permitted by applicable law, we may refuse or cancel an Order for any reason including limitations on the quantity available, eligibility requirements, inaccuracies or errors in pricing information, or problems identified by our credit and fraud avoidance partners.
We are not responsible for pricing, typographical, or other errors and we reserve the right to cancel any Orders arising from such errors, even after your receipt of an Order confirmation. If your Order is canceled after your payment method has been charged, we will issue a credit to your payment method in the amount of the charge. Morongo may, at its discretion and as permitted by applicable law, either contact you for instructions or cancel your Order and notify you of such cancellation.
Otherwise, Orders are not eligible for cancellations by you. Shipping Terms
To the extent applicable, Morongo will arrange for shipment of your Order. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon Morongo’s transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Morongo is not liable for any delays in shipments.
Order Cancellations
To the fullest extent permitted by applicable law, we may refuse or cancel an Order for any reason including limitations on the quantity available, eligibility requirements, inaccuracies or errors in pricing information, or problems identified by our credit and fraud avoidance partners.
We are not responsible for pricing, typographical, or other errors, and we reserve the right to cancel any Orders arising from all such errors, even after your receipt of an Order confirmation. If your Order is canceled after your payment method has been charged, we will issue a credit to your payment method in the amount of the charge. Morongo may, at its discretion and as permitted by applicable law, either contact you for instructions or cancel your Order and notify you of such cancellation.
Otherwise, Orders are not eligible for cancellations by you. If you no longer want to receive your Order, your sole remedy is to return it.
Terms for Property Stays
If you decide to stay at a property that is owned or operated by Morongo (“Property”), Additional Terms will apply to your stay at the Property, including the terms and conditions that apply to your reservation and cancellation policies.
Terms for Refunds or Returns
If you decide to return an Order from a Property, Additional Terms related to refunds and returns may apply to your Order. Contact the Property for additional information.
15. MOBILE APP TERMS
Terms Specific to Apple Mobile Devices
If you are accessing or using our App on any Apple mobile device, the following additional terms and conditions are applicable to you and are incorporated into these Terms by this reference:
To the extent that you are accessing the App through an Apple mobile device, you acknowledge that these Terms are between you and Morongo, and that Apple, Inc. (“Apple”) is not a party to these Terms other than as a third-party beneficiary as contemplated below.
The license granted to you in Section 1 of these Terms is limited, non-transferable, and subject to the permitted Usage Rules set forth in the App Store Terms of Service located at www.apple.com/legal/itunes/us/terms.html. The license is limited to use the App on any Apple-branded products that you own or control as permitted by these Terms, except that the App may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing.
You acknowledge that Morongo, and not Apple, is responsible for providing the App and content thereof.
As between Morongo and Apple, Morongo is solely responsible for providing any maintenance and support services with respect to the App that Morongo may offer (which, if provided, is provided at Morongo sole discretion). You acknowledge that Apple has no obligation whatsoever to furnish maintenance or support services with respect to the App.
You and Morongo acknowledge that Morongo, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Further, you agree that if the App or your possession and use of the App infringes a third party’s intellectual property rights, Morongo, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, but only to the extent it relates to your use of the App.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App. You may not use the App on a device that has firmware or software configuration that has not been authorized by Apple (“jailbroken”) device.
TO THE EXTENT ANY WARRANTY REGARDING THE APP ARISES BY LAW OR HAS NOT BEEN DISCLAIMED UNDER THESE TERMS, MORONGO, AND NOT APPLE, IS SOLELY RESPONSIBLE FOR SUCH WARRANTY. IF YOU ARE A CUSTOMER OF THE SERVICES AND IF THE APP FAILS TO CONFORM TO SUCH WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) PAID FOR THE LICENSE TO THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECTED TO THE APP, AND ANY OTHER CLAIMS, LOSS, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO THE WARRANTY IS MORONGO’S SOLE RESPONSIBILITY.
Terms Specific to Android Mobile Devices
The terms and conditions of this paragraph apply to you only if you downloaded the App through Google, Inc.’s (Google, Inc. together with all of its affiliates, “Google”) Google Play Store and are incorporated into these Terms by this reference. The license granted in Section 1 is limited to access the App by way of download via Google Play Store, except that the App may be used by a family group and family members whose accounts are joined together for the purpose of creating a family group. You acknowledge and agree that these Terms are between you and Morongo, and that Google is not a party to these Terms and Google is not responsible for providing support services for the App. If any of the terms and conditions in these Terms are inconsistent with the Google Play Developer Distribution Agreement (the current version as of the date of these Terms is located at: https://play.google.com/about/developer-distribution-agreement.html). The terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
16. GENERAL PROVISIONS
Severability; Interpretation; Assignment
If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or other tribunal of competent jurisdiction, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. The summaries of provisions and Section headings are provided for convenience only and shall not limit the full Terms. Morongo may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Morongo.
Complete Agreement; No Waiver
These Terms reflect our complete agreement regarding the Services and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Services. Except as expressly set forth in these Terms, (i) no failure or delay by Morongo in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by Morongo.
Investigations; Cooperation with Law Enforcement
Morongo reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Morongo may disclose at its discretion any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
Electronic Communications
We may communicate with you electronically in regard to the Services, including by email, and we may collect information related to communications between you and Morongo. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Services, your action is intended as an electronic signature which binds you as if you had signed on paper.
17. Modifications to Terms
These Terms may change over time, and we reserve the right to modify these Terms and Conditions at any time. We will notify you of any changes by posting the revised Terms on this page and changing the Effective Date. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.
18. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Morongo Band of Mission Indians, then the State of California, in that order, without regard to any conflict of law principles.
19. Contact Us
If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
Morongo Casino Resort Spa
49500 Seminole Drive, Cabazon, CA 92230
[email protected]
951-849-3080
