High 5 Games, LLC ("H5G"), hosts an interactive and social platform regarding High 5 Games, LLC's gaming resource in the social and wager gaming industries through this engaging interactive application/website "High 5 Casino" ("H5C") (club5.high5casino.com), H5G's Website (high5games.com or H5G.com), Apps (High 5 Casino, High 5 Vegas), Facebook Page (www.facebook.com/High5Casino/ or www.facebook.com/High5Vegas), and third-party providers. The following governs your access and use of H5C, including all information, games, accounts, multimedia, comments, and other information and/or any other content (collectively, "Content") available on or through H5C, as engaged by you or other users. For convenience, the term "H5C," shall include High 5 Casino and its related business High 5 Games, LLC, its executives, directors, employees, contractors and affiliates.
IMPORTANT INFORMATION ABOUT BINDING AND FINAL ARBITRATION
YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION. SEE THE SECTION TITLED "DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT" BELOW FOR INSTRUCTIONS ON HOW TO OPT OUT.
AS OF AUGUST 23, 2022, ALL SOCIAL COIN AND IN-GAME PURCHASES MADE FROM WITHIN THE STATE OF WASHINGTON IN THE UNITED STATES OF AMERICA WILL BE VOIDED AND REFUNDED, MINUS AN ADMINISTRATION FEE OF 10% OF THE TOTAL PURCHASES MADE BY THE PLAYER, IN ADDITION TO ANY CHARGES THAT MAY BE LEVIED BY THE BANK OR FINANCIAL INSTITUTION MANAGING THE AFOREMENTIONED REVERSAL.
BY ELECTRONICALLY ACCESSING H5C, CREATING A USER ACCOUNT ON H5C AND/OR ENGAGING IN ANY OF THE INFORMATIONAL OR INTERACTIVE MULTIMEDIA SERVICES PROVIDED BY OR THROUGH H5G AND/OR H5C, YOU AGREE:
- YOU ARE OF LEGAL AGE TO ACCESS THIS CONTENT IN YOUR JURISDICTION, BUT IN NO EVENT, UNDER 18 YEARS OLD.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE H5C OR ANY OF THE CONTENT. MOREOVER, H5C DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE H5C OR THE CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT.
PLEASE NOTE THAT THE SERVICES IS INTENDED FOR AMUSEMENT AND ENTERTAINMENT ONLY. THE SERVICE IS NOT A LOTTERY OR GAMBLING ACTIVITY AND YOU ACKNOWLEDGE THAT H5C DOES NOT PROVIDE YOU WITH ANY PRIZES OF MONETARY VALUE.
H5C may contain links to third party websites that are not owned or controlled by H5C. H5C has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, H5C will not and cannot censor or edit the content of any third-party site. By using H5C, you expressly relieve H5C from any and all liability arising from your use of any third-party website.
GENERAL PERMISSIONS AND RESTRICTIONS
H5C hereby grants you permission to access and use H5C as set forth herein, provided that:
- You agree not to alter or modify any part of H5C, except as provided for herein.
- You agree not to access H5C Content through any technology or means other than the authorized webpages and/or applications designated by H5C, or other explicitly authorized means H5C may designate in writing.
You agree not to use H5C for any commercial use without the prior written authorization of H5C. Prohibited commercial uses include any of the following actions taken without H5C's express approval:
- sale of access to H5C or its related services on another website;
- use of H5C or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the H5C website or any third-party website, targeted to the content of specific H5C Content; and
- any use of H5C or its related services that H5C finds, in its sole discretion, to use H5C Content with the effect of competing with or displacing the market for H5C or H5C Content.
- Prohibited commercial uses do not include any use that H5C expressly authorizes in writing.
- Where expressly allowed by H5C, if you use any H5C Content on another website, you must include a prominent text link back to H5C on the pages where the H5C Content is utilized. In such an instance you may not modify, build upon, or block any portion of the utilized H5C Content.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses H5C in any manner. Notwithstanding the foregoing, H5C grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. H5C reserves the right to revoke these exceptions either generally or in specific cases.
- You agree not to collect or harvest any personally identifiable information, including account names, from H5C, nor to use the communication systems provided by H5C (e.g. comments, messaging, etc.) for any commercial solicitation purposes.
- You will otherwise comply with the terms and conditions contained herein, and all applicable local, national, and international laws and regulations.
- H5C reserves the right to discontinue any aspect of H5C at any time.
You agree by accessing, browsing or otherwise using H5C, H5C and the Content are and remain the sole property of H5C or third-party providers, as applicable. Except as expressly permitted by H5C in writing, you agree that your license to access, browse and/or use this content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view H5C and the content, and (ii) upload and store any Content for your non-commercial use (with the exception of any fiscal or monetary reward provided by H5C) and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that you are permitted upload, download, store and/or record/print, you will reproduce and include all copyright and other proprietary notices included in such Content.
Unless otherwise provided in writing by H5C, no license provided herein authorizes you to copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of H5C or any of the content, in whole or in part, in any form or by any means, whether manual or automatic.
ADDITIONAL USER RESTRICTIONS
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on H5C.
- The Content on H5C, including without limitation, the games, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to H5C or one of its business partners, subject to copyright and other intellectual property rights under the law. Content on H5C is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, unless provided for herein. H5C reserves all rights not expressly granted in and to H5C and the Content.
- To the extent user comments are permitted, such comments are made available to you for your information and personal use solely as intended through the normal functionality of H5C. User comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of H5C or otherwise as prohibited herein.
- You may access H5C Content and other content only as permitted herein. H5C reserves all rights not expressly granted in and to the H5C Content and the H5C website and application.
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of materials of third parties obtained through H5C for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of H5C or features that prevent or restrict use or copying of any Content or enforce limitations on use of H5C or the Content therein.
- You understand that when using H5C, you may be exposed to content from a variety of sources, and that H5C is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such third party content.
- You further understand and acknowledge that you may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against H5C with respect thereto, and agree to indemnify and hold H5C, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters arising from your use of the site.
H5C USER ACCOUNT
In order to access some features of H5C, you may have to create a H5C user account either directly or through one of H5C ™ s strategic business partners (e.g. Facebook, Inc.), which may also work with H5C. You agree never to use another's account without permission. When creating your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your password secure. You must notify H5C immediately of any breach of security or unauthorized use of your account.
Although H5C is not liable for any of your losses caused by any unauthorized use of your account, you shall be liable for those losses of H5C or others due to such unauthorized use.
USER IDS AND PASSWORDS
Access to certain areas of H5C or the Content are limited by a user identifier ("User ID") and password, which is selected and/or supplied as part of the registering process for a personal account with H5C. By registering, you represent, warrant and covenant that:
- You are of lawful age in your jurisdiction to access H5C Content, but in no case under 18 years of age;
- You are using your actual identity;
- You have provided only true, accurate, current, and complete information about yourself during the registration process; and
- You will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
By logging onto H5C using any password, you represent, warrant, and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will be solely responsible for any activities conducted on or through H5C.Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password with any other person or third-party.
In addition, you agree that you are entirely responsible for any and all activities which occur under your account whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account should you fail to sufficiently disconnect and/or log off H5C and/or a public computer system. Accordingly, you absolve and release H5C from any claim of harm resulting from a third party undertaking the activities.
H5C reserves the right to deny or revoke access to H5C, or any part thereof, at any time in our sole discretion, with or without cause. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password please notify H5C immediately.
H5C may monitor or review any areas on H5C where users upload Content, transmit or post Content or communicate with each other, or the like. However, H5C does not undertake to monitor or review every posting or communication, and H5C disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
While H5C may monitor the content of the communications from time to time, H5C does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements posted. Any information or material placed online are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of H5C. H5C, in its sole discretion, reserves all rights to discontinue this service generally or to any user at any time.
H5C may disclose any records, electronic communications, information, materials or other content of any kind (i) if H5C believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate H5C; or (iii) to protect our rights or property or the rights or property of our users and business partners.
H5C's novel methodologies, technological improvements and overall business methods (collectively "Patentable Subject Matter") are the subjects of pending patent application(s) in the United States and worldwide.
H5C and the Content contained and referenced therein are subject to copyrights owned by H5C, and is for your informational and entertainment purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided herein or in writing by H5C. Requests for permission to reproduce any of the prohibited Content should be addressed by writing to H5C C/O High 5 Games, 1200 Macarthur Boulevard, Mahwah, New Jersey, 07430, USA.
All trademarks, service marks, titles, domain names, logos, and company names (collectively "Trademarks") referred to on H5C are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of H5C or its affiliates or licensors. In countries where any of the H5C trademarks, service marks, domain names, logos and company names are not registered, H5C claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on H5C may be trademarks of their respective owners.
H5C does not grant to you any rights under any of the Trademarks, and you agree that you may not use any of the Trademarks without permission from the owner of such Other Trademark. With respect to the Other Trademarks owned by H5C, you may contact H5C by sending a letter to H5C C/O High 5 Games, 1200 Macarthur Boulevard, Mahwah, New Jersey, 07430, USA to request written permission to use the trademarks for purposes other than stated herein or for all other questions relating to H5C.
OTHER INTELLECTUAL PROPERTY RIGHTS
All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of H5C and the Content, and all intellectual property rights embodied therein, are the property of H5C or its licensors, suppliers or affiliates.
Without limiting the foregoing, with respect to the databases ("Databases") used to store the Content, you agree and acknowledge that:
- the Content, Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to H5C, and that no proprietary rights are being transferred to you in such materials or in any of the Content contained therein;
- You shall not, directly or indirectly, use any of the Content, Databases and any other information contained therein for any purposes other than your personal, non-commercial use;
- You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to compete directly or indirectly with H5C;
- You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
- You shall not, directly or indirectly, use the Content, Databases and any other information contained therein in violation of any applicable laws or regulations,
- Misappropriation or misuse of the Content, Databases and any other information contained therein will cause serious irreparable damage to H5C and that in such event money damages may not constitute sufficient compensation to H5C; consequently; and
- In the event of any misappropriation or misuse, H5C shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which H5C may be entitled.
In addition, you acknowledge that the Content, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.
NOTICE OF ENFORCEMENT
H5C vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, H5C may prosecute any unauthorized use or reproduction of any of the Content, Databases and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
H5C may permit a virtual currency to be used for accessing and playing its Content and/or games ("Virtual Currency"). Such Virtual Currency may be termed coins, credits, cash, social coins, or points which may be purchased from H5C for valid government-issued currency. By purchasing any such Virtual Currency, you agree (1) such acquisition is valid and legal in your jurisdiction, and (2) once purchased, such Virtual Currency is not redeemable for any government-issued currency that is, such Virtual Currency should be treated as a "good" purchased as-is, with no returnable or redeemable value except within the entertaining Content provided by H5C, or as otherwise expressly indicated by H5C.
Except as provided by H5C, transfer or sale of Virtual Currency is strictly prohibited between users of H5C for ant government-backed currency value or otherwise.
All sales of Virtual Currency are final, unless at H5C's discretion a refund is deemed necessary for any reason suitable for H5C. Upon termination or suspension of your H5C account, all Virtual Currency remaining in your account may be forfeited at H5C's sole discretion.
H5C AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. H5G MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. H5C AND THE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. H5C DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH H5C.
H5C DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT H5C AND YOUR USE OF H5C WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT H5C OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. H5C DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF H5C AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT H5C) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF H5C AND THE CONTENT IS AT YOUR OWN RISK.
LIMITATIONS ON LIABILITY
H5C WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF H5C AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. H5C WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, H5C AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH H5C, EVEN IF THERE IS NEGLIGENCE BY H5C OR BY AN AUTHORIZED H5G REPRESENTATIVE, OR AN AUTHORIZED H5C REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. H5C'S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO H5C, IF ANY, TO ACCESS H5C.
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. THE ABOVE LIMITATIONS DO NOT RELEASE LIABILITY FOR INTENTIONAL MISCONDUCT, RECKLESSNESS, GROSS NEGLIGENCE, OR FRAUD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS H5C, H5C'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
- YOUR USE OF H5C AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH H5C;
- ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH H5C;
- ANY BREACH BY YOU OF THE TERMS CONTAINED HEREIN; AND
- ANY ACTIVITY RELATED TO YOUR H5C ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR H5C ACCOUNT.
RELEASE FOR FORCE MAJEURE
You absolve and release H5C and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
TERM AND TERMINATION
H5C reserves the right, at any time and for any reason, without notice to you, (i) to deny you access to H5C and any of the Content; or (ii) to change, remove or discontinue any of the Content or services available on or through H5C.
You may terminate this agreement at any time by destroying: (a) all of the Content obtained from H5C, including, without limitation, permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies and installations, if any. In addition, and upon H5C's request, you agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions contained herein which by their nature are intended to survive will survive the termination or expiration of any license provided to you by H5C.
Any legal notice, other document or communication required or permitted hereunder to H5C will be deemed to have been duly given only if in writing and delivered by certified U.S. mail, return receipt requested, postage prepaid, to H5C C/O High 5 Games, 1200 Macarthur Boulevard, Mahwah, New Jersey, 07430, USA.
Notices to H5C shall be deemed delivered when actually received by H5C or its authorized representatives.
Any notice or other document or communication required or permitted hereunder to you will be sent to the e-mail address that you provide to H5C when you register. Such notice will be deemed received by you the next business day after the e-mail is sent.
Should you elect to send or receive e-mail communications of any kind to or from H5C, you represent and warrant to H5C that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
COMPLIANCE WITH LAWS/CHOICE OF LAW
Except as otherwise described, H5C is controlled and operated from within the United States of America and makes no representation that the Content are appropriate or available for use in other locations. If you use H5C from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone in the US Treasury Department's Specially Designated national list, or (c) to anyone on the US Commerce Department's Table of Denial Orders. If you download or use the Content you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
Access, browsing and use of H5C, the Content and the terms and conditions of the User Agreement are governed by U.S. federal law and/or the laws of the State of New Jersey, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction.
DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT
PLEASE READ THIS PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU AND H5C TO ARBITRATE ALL PAST, PRESENT, AND FUTURE DISPUTES WITH H5C AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, SUBJECT TO THE TERMS AND OPT-OUT OPTION SET FORTH BELOW. THE OPTION TO OPT-OUT IS TIME-LIMITED AS YOU MUST OPT-OUT WITHIN 30 DAYS AND DESERVES YOUR IMMEDIATE ATTENTION. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST H5C. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST H5G BY SOMEONE ELSE.
Limitation on Period in which Claims May be Brought: YOU AND H5C AGREE THAT ANY CLAIMS, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF ANY H5C SERVICE OR TO THE CONTENT SHALL BE MADE BY FILING FOR ARBITRATION WITHIN ONE (1) YEAR FOLLOWING THE OCCURRENCE FIRST GIVING RISE TO THE CLAIM(S), EXCEPT FOR ANY CLAIM(S) UNDER RCW § 19.86.010, ET SEQ., WHICH SHALL BE MADE BY FILING FOR ARBITRATION WITHIN THREE (3) YEARS FOLLOWING THE OCCURRENCE FIRST GIVING RISE TO THE CLAIM(S). If the provision in the previous sentence is held to be unenforceable, then any claim(s) against H5C must be made by filing for arbitration within the limitations period designated by the state or federal law underlying the claim(s). If any claim is not brought within the applicable period discussed above, it is permanently barred, and the parties cannot bring that claim in any manner or in any forum.
Costs of Arbitration: If the value of your claim does not exceed $10,000, H5C will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration in the event such fees exceed $200, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, H5C will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. You will still be responsible for paying your own attorneys' fees.
The arbitrator shall have no authority to amend or modify the terms of this Arbitration Agreement or to award punitive or exemplary damages, except as expressly authorized by law. The arbitration award may be enforced by judgment in any court of competent jurisdiction. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party's right to compel arbitration.
Prior to initiating arbitration, you must first send a written notice by certified mail to H5C at: H5C C/O High 5 Games, LLC 1200 MacArthur Boulevard, Mahwah, New Jersey 07430. The arbitration notice must include the following at a minimum: (a) personal and/or account information sufficient enough to identify your H5C account, (b) a detailed description of your claim or dispute with H5C, and (c) the specific damages or other remedy or remedies that you are seeking. If your claim or dispute is not resolved with H5C within thirty days of H5C's receipt of your arbitration notice that conforms with these requirements, then you may commence arbitration according to the requirements in these Terms.
Confidentiality: You and H5C shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
No delay or omission by H5C to exercise any right occurring upon any noncompliance on your part with respect to any of the terms and conditions contained herein will impair any such right or power or be construed to be a waiver thereof. Any waiver by H5C of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
If any of the terms and conditions contained herein are adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
H5C is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between you and H5C.
CONTINUED USE DEEMED ACCEPTANCE
H5C may be reached at:
High 5 Casino C/O
High 5 Games, LLC
1200 MacArthur Boulevard
Mahwah, NJ 07430
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
This constitutes the entire agreement between you and H5C with respect to your use of H5C and the Content, and supersedes any and all prior understandings or agreements between you and H5C, whether written or oral. You acknowledge that, in providing you access to and use of H5C and the Content, H5C has relied on your acceptance of this agreement.