Terms & Conditions of Use and Privacy Policy

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. YOUR ACCESS OF THESE WEB SITES CONSTITUTES YOUR AGREEMENT TO ABIDE BY THESE PROVISIONS.

1. USE OF THE SITES.

The Agua Caliente Band of Cahuilla Indians operates the Agua Caliente Casino Palm Springs, the Agua Caliente Casino Rancho Mirage and the Agua Caliente Casino Cathedral City (collectively “Agua Caliente Casinos”). These Terms and Conditions of Use apply to the U.S. web sites of Agua Caliente Casinos as well as all Agua Caliente Casinos Mobile Software Applications (“Apps”) (collectively the “Sites”). We encourage you to read the Terms and Conditions of Use carefully as it controls your use and access to the Sites, now and in the future. However, Agua Caliente Casinos expressly reserves the right to modify the Terms and Conditions of Use at any time by posting an updated version of the Terms and Conditions of Use on the Sites. Therefore, you should periodically review the Terms and Conditions of Use. Your continued use of these Sites constitutes your consent to the jurisdiction of the Agua Caliente Band of Cahuilla Indians (“Tribe”). DO NOT USE AGUA CALIENTE CASINOS’ SITES IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE.

2. NO UNLAWFUL OR PROHIBITED USE.

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

3. CONTENT OF SITES.

The content on these Sites is the property of Agua Caliente Casinos. While we strive to keep the content of the Sites up-to-date, we do not warrant or guarantee that the information appearing on the Sites is accurate, complete, reliable, or error-free. The Sites may contain inaccuracies or typographical errors regarding product and service descriptions, availability, dates and pricing. We reserve the right to correct or update any errors or omissions and to periodically change any information at our sole and absolute discretion without any prior notice to you. Nothing in these Sites shall be considered to be a binding offer by Agua Caliente Casinos, and we reserve the right to change any information posted on these Sites at any time for any reason without notice to you.

4. USE OF THE SITES BY MINORS.

These Sites are not intended for use by any person under the age of 21. [See our Privacy Policy]. Any use of these Sites by persons under the age of 21 should only be under the direct supervision of that minor’s parent or legal guardian.

5. INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE.

a. Proprietary Content; Copyrights.

You acknowledge that all rights, title and interest in and to all content on the Sites, including all information, data, video, audio, graphics, logos, button icons, software and other materials contained on or that make up the Sites, is the sole and exclusive property of Agua Caliente Casinos, and is protected by U.S. and international copyright laws.

b. Limited License.

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

unauthorized use terminates any license or permission granted by Agua Caliente Casinos. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the content of the Sites.

c. Trademarks.

All Agua Caliente Casinos trademarks, service marks, trade names, logos, slogans, and other identifying marks appearing on the Sites are the sole and exclusive property of Agua Caliente Casinos. You may not copy or use any of Agua Caliente Casinos’ marks or any marks confusingly similar to Agua Caliente Casinos’ marks without the prior written consent of Agua Caliente Casinos, nor may you use Agua Caliente Casinos’ marks in any manner that discredits or disparages Agua Caliente Casinos. All other trademarks not owned by Agua Caliente Casinos that appear on these Sites are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by Agua Caliente Casinos.

d. Contributed Content.

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

e. Access to Restricted Areas of the Sites.

The Sites may provide you with the ability to use passwords, usernames, or other codes or devices to gain access to restricted portions of the Sites (“access codes”). The content contained in such restricted areas is confidential to Agua Caliente Casinos and is provided to you for your personal use only. We reserve the right to prohibit the use of such access codes on your behalf by third parties if we determine, in our sole and absolute discretion, that such use interferes with our Sites’ operation or results in commercial benefits for other entities to our detriment.

f. Notice of Legal Enforcement.

Agua Caliente Casinos treats enforcement of its intellectual property rights seriously.

6. LINKS.

The Sites may contain links to other web sites. All links to other web sites from the Sites are provided for convenience only. We are not responsible for, and do not endorse, the content, products, or services that may be contained on the linked web sites. We shall have no obligation or liability with respect to any access by you of any linked web sites, or for your use of any information, products, or services on the linked web sites. You should be aware that, when you enter a linked web site, you are subject to the privacy policies and terms and conditions of use which apply to that web site. You should review them after you execute the link. Requests to post links to the Sites on other web sites should be directed to [email protected]. Agua Caliente Casinos expressly reserves its rights to take appropriate action against any entity that links to any Site without permission in a manner that violates any of Agua Caliente Casinos’ legal rights.

7. PRIVACY POLICY.

The Sites are United States web sites and are subject to United States law. Agua Caliente Casinos’ use of data collected via the Sites is governed by our Privacy Policy. You acknowledge and agree that our Privacy Policy is incorporated into this Terms and Conditions of Use.

8. RESERVATION AND CANCELLATION POLICY.

To book a room through the Sites, you will be required to enter a valid credit card number to guarantee your reservation, as well as provide personal information including your name, address, and other contact information. Your credit card number will be verified using a checking sequence; we authorize payment(s) at this time that is consistent with payment process for each site. Select packages may require full prepayment. Agua Caliente Casinos takes reasonable steps to ensure that the Reservations page on each Site is secure.

9. RETURN POLICY.

All purchases of items through the Sites are subject to each individual Site’s Return Policy.

10. SHIPPING POLICY.

All purchases of items through the Sites will be shipped pursuant to the individual Sites’ Shipping Policy.

11. RISK OF LOSS.

Any and all items purchased on the Sites are made pursuant to a shipment contract. Therefore, risk of loss and title for items you purchase through the Sites will pass to you upon our delivery of the items to the designated carrier.

12. LIMITATION ON LIABILITY; LEGAL DISCLAIMER.

AGUA CALIENTE CASINOS IS MAKING ALL CONTENT CONTAINED ON THESE WEB SITES AVAILABLE TO YOU “AS IS,” WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, OR STATUTORY, AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.USE OF THE SITES, AND ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE SITES, IS AT YOUR OWN RISK. AGUA CALIENTE CASINOS WILL HAVE NO OBLIGATION OR LIABILITY WHATSOEVER IN CONNECTION WITH OR RESULTING FROM ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT ON THESE SITES OR FOR ANY DISRUPTIONS THESE SITES MAY CAUSE, OR FOR ANY RELIANCE ON OR USE OF SUCH CONTENT BY YOU.IN NO EVENT SHALL AGUA CALIENTE CASINOS OR ANY OF ITS STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITES, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. CHANGES TO THE TERMS AND CONDITIONS OF USE.

Agua Caliente Casinos may change the Terms and Conditions of Use at its sole and absolute discretion at any time. You should periodically revisit the Terms and Conditions of Use to be sure you are familiar with our current policies. Your use, and continued use, of the Sites (following modification to the Terms and Conditions of Use) will be conclusively deemed as acceptance of the Terms and Conditions of Use and any changes thereto.

14. POLICY FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

If you believe that any content has been posted on the Sites in a manner that constitutes copyright infringement, please notify us by providing our Designated Copyright Agent with the written information: [email protected].

15. MISCELLANEOUS.

This Terms and Conditions of Use shall constitute an agreement, the terms and performance of which shall be governed by the laws of the state of California, without regard to conflicts of law. You agree that any dispute relating in any way to your visit to the Sites or items or services you purchase through the Sites shall be submitted to confidential arbitration in California. Arbitration under Terms and Conditions of Use shall be conducted according to the then prevailing rules of JAMS . The arbitrator(s) award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Terms and Conditions of Use shall be joined to an arbitration involving any other party subject to this Terms and Conditions of Use, whether through class arbitration proceedings or otherwise. If Agua Caliente Casinos determines that a violation of the Terms and Conditions of Use has occurred, we may, in our sole and absolute discretion, pursue any of our legal remedies. However, the failure of Agua Caliente Casinos to exercise or enforce any right or provision of Terms and Conditions of Use shall not constitute a waiver of such right or provision. In the event that any provision of Terms and Conditions of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.Terms and Conditions of Use contains the entire agreement between us relating to the subject matter hereof, and supersede any prior understanding or agreements regarding the subject matter.

PRIVACY POLICY

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

I. WHY AGUA CALIENTE CASINOS COLLECTS PERSONALLY IDENTIFIABLE INFORMATION

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

II. HOW INFORMATION IS COLLECTED BY AGUA CALIENTE CASINOS

A. NON-PERSONALLY IDENTIFIABLE INFORMATION

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

1. COOKIES

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

2. E-MAIL DISCLOSURE

Your personal information may be shared with reputable third parties but only for use in campaign delivery or to provide more relevant advertising. Your personal information may be combined with additional information provided by you at registration or augmented from other data sources in order to provide more relevant campaigns to you. We will never rent your personal information without your consent.

B. PERSONALLY IDENTIFIABLE INFORMATION

Agua Caliente Casinos does not collect personal information from visitors to the Sites in any non-obvious manner. In order to provide you with more effective and personalized service, Agua Caliente Casinos does, however, collect personal information such as names, addresses, e-mail addresses, credit card information, and other information in a variety of manners, as described below:

1. RESERVATION PROCESS

Visitors to the Sites have the ability to search for rates and availability at our hotels without ever providing any personal information. However, once you have decided on an available reservation, you will be asked to provide personal information. This will include your name, address, and other contact information, as well a credit card number, billing address, and the card’s expiration date. The credit card number will be used solely to secure your reservation as detailed in the reservation process. Agua Caliente Casinos may also combine this information with any other data we have collected about you using our offline resources. Unless you indicate at this time that Agua Caliente Casinos may only use this information for limited purposes, Agua Caliente Casinos will use it for future reference when, e.g., we provide you with offers for future stays at one of our hotels or resorts or other information we believe may be of interest to you. Agua Caliente Casinos takes reasonable steps to ensure that the Reservations page on the Sites is secure.

Your credit card number will be verified using a checking sequence; we may authorize payment(s) at this time that is consistent with payment process for each site. Once your reservation is confirmed, the hotel you have chosen will receive all the information you have submitted. The transfer of information takes place in the same fashion as if you called directly or made your reservation through a travel agent. Shortly after, you will receive an e-mail confirmation.

2. ACE CLUB CARD PROGRAM

Every visitor is invited to sign up for the ACE Club Card Program, which is your link to free cash play, complimentary meals and other exciting special offers from Agua Caliente Casinos. In order to sign up for this service, you will be asked to provide personal information including your name, address, and other contact information. Agua Caliente Casinos may also combine this information with any other data we have collected about you using our offline resources. Unless you indicate at this time that Agua Caliente Casinos may only use this information for limited purposes, Agua Caliente Casinos will use it for future reference when, e.g., we provide you with offers for future stays at our hotels or other information we believe may be of interest to you. Agua Caliente Casinos will never share any of your personally identifiable data with any party not affiliated with Agua Caliente Casinos without your express written consent, except as provided below. [See Special Promotions and Contests; Special Circumstances; and How Agua Caliente Casinos Uses Personal Information]

3. SPECIAL PROMOTIONS AND CONTESTS

Occasionally, Agua Caliente Casinos requests visitors of the Sites to provide their e-mail address in order to provide them with information about, for example, promotions and special offers, or to participate in a contest or sweepstakes. Agua Caliente Casinos will also combine this information with any other data we have collected about you using our offline resources. Unless you indicate at this time that Agua Caliente Casinos may only use this information for limited purposes, Agua Caliente Casinos will use it for future reference when, e.g., we provide you with offers for future stays at our hotels or resorts or other information we believe may be of interest to you. Unless you indicate at the time that you provide this information that it may only be used for limited purposes, Agua Caliente Casinos will place this information into its database that may contain information we have collected about you via the Sites as well as offline and use it for future reference when, e.g., we provide you with offers for future stays at one of our hotels or resorts or other information we believe may be of interest to you.

Agua Caliente Casinos will never share any of your personally identifiable data with any party not affiliated with Agua Caliente Casinos without your express written consent, except as provided below. [See Special Promotions and Contests; Special Circumstances; and How Agua Caliente Casinos Uses Personal Information].

4. PURCHASE INFORMATION

When you purchase an item through our Sites such as at our online store, we will ask for your name, the type of credit card you intend to use, your credit card number, your billing address for the card, and the card’s expiration date. This information is necessary in order for us to bill you for your purchase. If your billing address differs from your shipping address, or if you intend to send your purchase to a third party, we will ask you for additional name and address information in order to fulfill your request. As described above, Agua Caliente Casinos will create a private account for you based on the information you have provided; this account is designed to make your future visits to the Sites even more personal and efficient. Agua Caliente Casinos may also combine this information with any other data we have collected about you using our offline resources. Unless you indicate at this time that Agua Caliente Casinos may only use this information for limited purposes, Agua Caliente Casinos may use it for future reference when, e.g., we provide you with offers for future stays at our hotels or resorts or other information we believe may be of interest to you. Agua Caliente Casinos will never share any of your personally identifiable data with any party not affiliated with Agua Caliente Casinos without your express written consent, except as provided below. [See Special Promotions and Contests; Special Circumstances; and How Agua Caliente Casinos Uses Personal Information]

5. OTHER ONLINE SOURCES

Agua Caliente Casinos may also collect personally identifiable information about you from other online sources including, without limitation, e-mail inquiries sent by you to Agua Caliente Casinos, your response to special offers and promotions periodically offered through the Sites, and information you provide through other special features appearing on the Sites currently or in the future. Agua Caliente Casinos will use the information you provide to process your request and/or research your query. Click here to view our SMS/MMS Terms & Conditions. In addition, Agua Caliente Casinos may also use the information you provide in the manners described herein. Agua Caliente Casinos may also combine this information with any other data we have collected about you using our offline resources. Unless you indicate at this time that Agua Caliente Casinos may only use this information for limited purposes, Agua Caliente Casinos will use it for future reference when, e.g., we provide you with offers for future stays at our hotels or resorts or other information we believe may be of interest to you.

Agua Caliente Casinos will never share any of your personally identifiable data with any party not affiliated with Agua Caliente Casinos without your express written consent, except as provided below. [See Special Promotions and Contests; Special Circumstances; and How Agua Caliente Casinos Uses Personal Information]

III. HOW AGUA CALIENTE CASINOS USES PERSONAL INFORMATION

A. AGUA CALIENTE CASINOS SHARES THIS INFORMATION WITH ITS SUBSIDIARIES AND AFFILIATES

Unless you have specifically limited how Agua Caliente Casinos may use your personally identifiable information, Agua Caliente Casinos will place that information into its database that may contain information we have collected about you via the Sites as well as offline and use it to send you future e-mails and correspondence about promotions, special events and/or other items we believe may be of interest to you. The information in this database is available to designated persons at Agua Caliente Casinos and its subsidiaries and affiliates including those that operate Agua Caliente Casinos. Agua Caliente Casinos treats the information you provide as confidential information and takes reasonable measures to ensure that it is only available to designated personnel for use in connection with Agua Caliente Casinos’ business. Agua Caliente Casinos may use third parties to assist it with fulfilling your requests, completing your reservation, forwarding you material, or similar functions. These third parties are under a contractual obligation to not use this information except for these limited purposes. Except for these exceptions, or in the event that Agua Caliente Casinos sells an entire line of business relating to a particular web site, or in the event of a “special circumstance,” [See Sale of Assets and Special Circumstances] Agua Caliente Casinos will not sell, share or transfer your personal information to any entity outside of Agua Caliente Casinos. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

B. AGUA CALIENTE CASINOS MAY COMBINE ONLINE INFORMATION WITH OTHER INFORMATION COLLECTED ABOUT VISITORS TO ITS SITES

In addition to the above, Agua Caliente Casinos will combine the personal information it collects online with information it collects through offline methods, including but not limited to surveys, guest comments, and market research. You may opt out of receiving e-mail correspondence by logging into the E-mail Offers sign in on any Agua Caliente Casinos site.

C. OPT-OUT CHOICES

If you prefer not to receive further emails from Agua Caliente Casinos, click on the “unsubscribe” link found on the bottom of all our email communications. If you prefer to not receive further SMS/MMS text messages, reply to any message you have received with any of the following terms: “stop”, “end”, “quit”, “cancel”, or “unsubscribe”.

IV. SECURITY

Agua Caliente Casinos regularly reviews the security of the Sites. Although the confidentiality of any communication or material transmitted to and from Agua Caliente Casinos via the Internet or e-mail cannot be absolutely guaranteed, Agua Caliente Casinos endeavors to create secure and reliable Sites for its visitors. Agua Caliente Casinos has invested, and will continue to invest, in high quality security in terms of access to information, data quality, and physical security of servers where information is stored. Agua Caliente Casinos implements a variety of security measures,

including encryption and other measures against hacking or unauthorized access to protect confidential information such as credit card numbers, names, addresses, e-mail addresses, and any other personal information you may provide during your visit to the Sites from loss, misuse, interception and hacking. In addition, the information you provide is available only to qualified, designated persons at Agua Caliente Casinos, including those that operate the Agua Caliente Casinos hotels and resorts, who are under an obligation to maintain the confidentiality of your personal information in a manner consistent with this Privacy Policy. Nevertheless, when disclosing any personal information, you should remain mindful that, as with all e-mail sent via the Internet, your information may be intercepted without our consent by unscrupulous members of the public and, consequently, can be collected and used by others without your consent. In addition, third party web sites that are accessed through links on the Sites have separate privacy policies and security measures, and Agua Caliente Casinos is not responsible or liable for the practices, policies or security measures implemented on these third party web sites. You hereby acknowledge that Agua Caliente Casinos is not responsible for any intercepted information sent via the Internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.

V. LINKS

As noted above, the Sites may contain links to other web sites. Agua Caliente Casinos is not responsible for the privacy practices or the content of such web sites, and you are encouraged to view the privacy policies of these other sites as soon as you enter them.

VI. SPECIAL CIRCUMSTANCES

Agua Caliente Casinos reserves the right to disclose the personal information of the users of the Sites for any law enforcement purpose at the request of any law enforcement body or in response to a subpoena or as otherwise required by any court or administrative agency. We may also share such information at our discretion if it appears that your actions on the Sites are in violation of the Terms and Conditions of Use, and that disclosure of this information will assist in efforts to enforce the Terms and Conditions of Use or will assist Agua Caliente Casinos in connection with any legal proceeding between you and Agua Caliente Casinos. Agua Caliente Casinos may also provide email addresses to third parties for suppression purposes. Suppression ensures that consumers who have unsubscribed or requested that they not receive e-mail from Agua Caliente Casinos also will not receive an Agua Caliente Casinos exclusive email via a 3rd party’s email marketing.

VII. SALE OF ASSETS

Nothing in this Privacy Policy is intended to interfere with the ability of Agua Caliente Casinos to transfer all or part of its business and/or assets (including the Sites) to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever. Agua Caliente Casinos specifically reserves the right to transfer personally identifiable information collected from its Sites to the buyer of that portion of its business relating to that information. You will be given the ability to opt out of continued use of your e-mail by any buyer of the site.

VIII. CHANGES TO THIS POLICY

Agua Caliente Casinos may change the features and/or content found on the Sites. Consequently, this Privacy Policy may change to reflect any new features and/or content. You should periodically revisit our Privacy Policy to be sure that you are familiar with our current policy. Your use and/or continued use of the Sites (following any modifications to this Privacy Policy) will be conclusively deemed acceptance of the terms of this Privacy Policy and any changes thereto.

IX. COLLECTION OF PERSONAL DATA FROM CHILDREN

Agua Caliente Casinos does not knowingly or intentionally collect any personally identifiable information from, or market to individuals under the age of 21. If you know of a child who has provided us with personally identifiable information, please contact us immediately so that we may identify the information that needs to be removed from our database. No information collected through the Sites from users self-identified as children will knowingly be used for any marketing or promotional purposes whatsoever, either inside or outside Agua Caliente Casinos.

X. COMPLAINTS AND CONTACTING AGUA CALIENTE CASINOS ABOUT THE SITES

If you believe that Agua Caliente Casinos has not adhered to this policy, please send the details to:

Agua Caliente Band of Cahuilla Indians

5401 Dinah Shore Drive

Palm Springs, CA 92264

Cancellations are pursuant to the specific site’s cancellation terms. Failure to make any cancellations pursuant to this provision will result in loss of deposit. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; A description of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site; A description of the material on the Site that is claimed to be infringed 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 us to locate the material; Information reasonably sufficient to permit us to contact you, such as your address,

telephone number and e-mail address; A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Agua Caliente’s Designated Copyright Agent for notice of claims of copyright infringement is [email protected].

XI. THIS PRIVACY POLICY IS LIMITED TO INFORMATION COLLECTED ON AGUA CALIENTE CASINOS’ SITES AND VIA SMS/MMS TEXT MESSAGE.

Agua Caliente Casinos will never share any of your personally identifiable data with any party not affiliated with Agua Caliente Casinos without your express written consent, except as provided below. [See Special Promotions and Contests; Special Circumstances; and How Agua Caliente Casinos Uses Personal Information]. Agua Caliente Casinos will investigate all such incidents and provide you with a written response via e-mail once the investigation is complete. You may also use this contact information to direct questions or comments about this Privacy Policy, the Sites, or related matters.

6. GEOLOCATION

If you enable location services on your device, you consent to us and our geolocation service providers transmitting, collecting, maintaining, processing and using your location data in order to provide you with, and improve, location-based features and services. This geolocation information might include nearby Wi-Fi routers, cell tower IDs, and/or signal strength. This data provides an estimated location and may not be accurate. You may withdraw your consent at any time by turning off the location settings. If you choose not to share your location, you can still use our core services. However, some features that rely on location information may be unavailable.