Terms Of Use

Penn National Gaming Terms Of Use

Penn National Gaming has created this Privacy Statement in order to demonstrate our commitment to privacy. Penn National Gaming values your trust and respects your confidentiality. As a general practice we do not provide any online information, or any information gathered through forms, applications or other means to any outside party, unless otherwise designated. For instance in background checks for employment applications. We do not sell or rent any information gathered online, or in individual property player clubs, to any outside organization. This statement is also intended to apply to all visitors of web sites owned and operated by Penn National Gaming.

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

1. USE OF THIS SITE.
The Terms and Conditions of Use applies to the web site of Penn National Gaming. We encourage you to read the Terms and Conditions of Use carefully as it controls your use and access to the Site, now and in the future. However, Penn National Gaming 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 Site. Therefore, you should periodically review the Terms and Conditions of Use. Your continued use of this Site constitutes your consent to the current Terms and Conditions of Use posted at the time of your visit. DO NOT USE PENN NATIONAL GAMING SITE IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE.

2. NO UNLAWFUL OR PROHIBITED USE.
The Site may be used only for lawful purposes. Your access and use of this Site is also governed by all applicable federal, state, and local laws. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, provincial, federal 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 infringe any third party's intellectual property rights. As a condition of your use of the Site, you represent and warrant that you will not use the Site 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 the Site, 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 Penn National Gaming representative (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to the Site). 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 Site. 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 this Site is the property of Penn National Gaming. While we strive to keep the content of the Site up-to-date, we do not warrant or guarantee that the information appearing on the Site is accurate, complete, reliable, or error-free. The Site may contain inaccuracies or typographical errors regarding product and service descriptions, availability, dates or other details. 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 this Site shall be considered to be a binding offer by Penn National Gaming, and we reserve the right to change any information posted on this Site at any time for any reason without notice to you.

4. USE OF THE SITE BY MINORS.
This Site is not intended for use by any person under the age of 21. [See our Privacy Policy]. Any use of this Site 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 right, title and interest in and to all content on the Site, including all information, data, video, audio, graphics, logos, button icons, software and other materials contained on or that make up the Site, is the sole and exclusive property of Penn National Gaming, and is protected by U.S. and international copyright laws.

b. Limited License.
You may access the Site’s 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 Site 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 Penn National Gaming without the prior written consent of Penn National Gaming. 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 Penn National Gaming . 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 Penn National Gaming. Any unauthorized use terminates any license or permission granted by Penn National Gaming. 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 Site.

c. Trademarks.
All Penn National Gaming trademarks, service marks, trade names, logos, slogans, and other identifying marks appearing on the Sites are the sole and exclusive property of Penn National Gaming. You may not copy or use any of Penn National Gaming's marks or any marks confusingly similar to Penn National Gaming's marks without the prior written consent of Penn National Gaming, nor may you use Penn National Gaming's marks in any manner that discredits or disparages Penn National Gaming. All other trademarks not owned by Penn National Gaming 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 Penn National Gaming.

d. Contributed Content.
Except for personally identifiable information that we obtain from you, 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, shall become the property of Penn National Gaming, 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. Notice of Legal Enforcement.
Penn National Gaming treats enforcement of its intellectual property rights seriously.

6. LINKS.
This Site may contain links to other web sites. All links to other web sites from the Site is 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 billbjr@pngaming.com. Penn National Gaming 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 Penn National Gaming's legal rights.

7. PRIVACY POLICY.
The Site is a United States web site and is subject to United States law. Penn National Gaming's use of data collected via the Site is governed by our Privacy Policy. A link to the Privacy Policy can be found in the footer of Penn National Gaming’s website. You acknowledge and agree that our Privacy Policy is incorporated into this Terms and Conditions of Use.

8. LIMITATION ON LIABILITY; LEGAL DISCLAIMER.

PENN NATIONAL GAMING IS MAKING ALL CONTENT CONTAINED ON THIS WEB SITE AVAILABLE TO YOU "AS IS," 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 SITE, IS AT YOUR OWN RISK. PENN NATIONAL GAMING WILL HAVE NO OBLIGATION OR LIABILITY WHATSOEVER IN CONNECTION WITH OR RESULTING FROM ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT ON THIS SITE OR FOR ANY DISRUPTIONS THIS SITE MAY CAUSE, OR FOR ANY RELIANCE ON OR USE OF SUCH CONTENT BY YOU. IN NO EVENT SHALL PENN NATIONAL GAMING 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 SITE, 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.

9. CHANGES TO THE TERMS AND CONDITIONS OF USE.
Penn National Gaming 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.

10. POLICY FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
If you believe that any content has been posted on the Site in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 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. Penn National Gaming's designated Copyright Agent for notice of claims of copyright infringement is: Carl Sottosanti at carl.sottosanti@pngaming.com or 610-378-8214.

 

11. 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 Pennsylvania, without regard to conflicts of law. You agree that any dispute relating in any way to your visit to the Site or items or services you purchase through the Site shall be submitted to confidential arbitration in Pennsylvania. Arbitration under Terms and Conditions of Use shall be conducted according to the then prevailing rules of the American Arbitration Association before a panel of three arbitrators. The arbitrators' 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 Penn National Gaming 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 Penn National Gaming 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.