Last Updated: August 1st, 2019
Rampart Casino, Hawthorn Grill and Spa Aquae (“Rampart” or “we” or “us”) has a strong commitment to providing excellent service to all of our customers (“users” or “you”), including respecting their concerns about privacy. We understand that visitors to our website may have questions about whether and how this website collects and uses information, and are committed to protecting your privacy. In support of this, we only use the personally identifiable information (“Personal Information”) that you provide in accordance with the terms outlined below.
1. Information We Collect
You may be asked for, or we may automatically collect (described below), as appropriate, the following information, which may be considered personal information or personal data:
- name (first and last);
- date of birth;
- contact information, including your mailing and billing addresses, email address and phone numbers;
- credit and debit card number and other payment data;
- government-issued identification information, such as social security or national identification number, driver’s license information, passport information or other government-issued documents;
- Anti-Money Laundering (AML)/Know Your Customer (KYC) information such as source of funds and proof of employment;
- membership or loyalty program data;
- language preferences;
- IP address;
- geolocation information.
In more limited circumstances, we may also collect:
- data about family members and companions, such as names and ages of children;
- images and audio/video information via security cameras located in public areas, such as hallways and lobbies, in our properties;
- gaming activity; and
- other information you may provide by interacting with us.
You may, however, visit our Sites anonymously. Doing so may limit the functionality of some features on the Sites.
• new or returning visitor;
• time of visit;
• duration of visit;
• pages viewed;
• where you found the Sites (search, direct, social media, etc.);
• country you’re visiting from;
• technology you’re using (browser, screen resolution, etc.); and
• gender and age range.
This Usage Information does not constitute Personal Information.
2. How We Collect Information
We may collect Personal Information from you in a variety of ways, including when you:
- visit our Sites;
- create an account;
- apply for a job;
- make a purchase;
- make a reservation;
- register for a rewards program;
- subscribe to the newsletter;
- respond to a survey;
- use wireless internet (WiFi) while on our properties
- take part in our competitions or promotions
- communicate or correspond with us in person, on the phone or through letters or email; and
- fill out a form.
We also collect Personal Information from you in connection with other activities, services, features or resources we make available on our Sites and at our properties.
We may use pixel tags (also called web beacons or clear gifs) on our Sites. They can help us analyze what our customers like to do on our Sites and the effectiveness of our features and advertising. They can also help us customize your browsing experience. We may use information collected through pixel tags or tracked links in combination with your Personal Information. We may also combine Personal Information you provide to us with other personal information (such as purchase history and demographic information). If we work with other companies to help us track, collect and analyze this information, they will be prohibited from using this information for any other purpose.
3. How We Use Collected Information
Rampart collects and uses your Personal Information for the following purposes:
- to personalize user experience;
- to operate our rewards programs
- to facilitate purchases and transactions;
- to facilitate reservations;
- to improve our Sites;
- to ask for your participation in our internal market research;
- to improve customer service;
- to share your information with third parties (as described below);
- to perform background checks for any reason;
- to administer a contest, promotion, survey or other Site feature;
- to comply with our legal obligations; and
- to send you information you agreed to receive about topics we think will be of interest to you (with consent when necessary).
We may also use information in the aggregate to understand how our users as a group use the services and resources provided on our Sites and at our properties.
If you apply for a job through our Sites, we may also use the information to:
- assess qualifications and personal experience to determine if it meets specific job requirements; and
help us inform you of future openings at Rampart.
4. How We Protect Your Information
We take every reasonable precaution to keep your Personal Information secure. We have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect. Nevertheless, when disclosing any Personal Information, you should remain mindful that there is an inherent risk in the use of email and the internet. Your information may be intercepted without our consent, collected illegally and used by others without your consent. We cannot guarantee the security of any information you disclose online, and you do so at your own risk.
5. Sharing your Personal Information
For business purposes, we may share certain information we receive from you, and about your transactions with us, with our affiliates, including our owned, operated, and managed casinos, hotels, online and web based businesses, and other corporate entities or affiliates. Doing so allows us to provide the products and services you have requested and quickly respond to applications for credit or other financial services. We may also disclose your Personal Information to all our properties and other affiliates if you participate in our “responsible gaming” or “self-exclusion” programs.
We may also share your information with the following third parties:
Third Party Service Providers.Your information may be shared with or collected by third party service providers who provide us with services, including but not limited to data hosting or processing, credit card processing, credit or background checks, or processing and fulfilling reservations or purchases. We require these providers to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided to them.
Third Party Marketing Partners.We may share certain limited information about you with other companies with whom we have joint marketing or similar agreements, or other businesses with whom we have a contractual relationship (“Joint Marketing Partners”), who may contact you with marketing and promotional offers. These businesses generally include financial services companies, such as banks and insurance companies, other service providers, such as airlines, hotels and car rental agencies, and retailers, but may include others. If you would like us to stop providing your information to these Joint Marketing Partners, you may opt-out in accordance with Section 10 below.
Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies.To the extent permitted by law, we will disclose your information to government authorities or third parties: (a) if required to do so by law, or in response to a subpoena or court order, search warrant or other valid legal process, (b) to comply with legal, regulatory or administrative requirements of any governmental authorities, including but not limited to gaming regulators, (c) in connection with any legal action, claim or dispute, including but not limited to the collection of debts, or (d) if we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.
6. Video Surveillance
We use surveillance systems to monitor all gaming areas and other public or sensitive areas of our properties. Video surveillance cameras may be used for security purposes and to protect us, our customers and employees against potential violations of criminal or civil laws. Surveillance camera output is monitored by our employees and contractors and may be viewed by law enforcement and regulatory authorities.
7. Third Party Websites
You may find advertising or other content on our Sites that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Sites. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interacting with any other website, including websites which have a link to our Sites, is subject to that website’s own terms and policies.
9. Age Policy
The Sites are intended only for users over the age of 21. Please leave the Sites if you are under the age of 21. By continuing, you hereby release Rampart, our subsidiaries and affiliates, and the creators of the Sites from any and all liability for your use or access to the Sites.
Under penalty of law, persons under 21 years of age will not be allowed to loiter on casino or slots property or participate in any gaming activity and persons under the permissible age will not be allowed to loiter on the property or participate in any racing or pari-mutuel activity. We have the right to ask for proper ID from individuals while they are on the property.
We will not rent hotel rooms to persons under the age of 21. Any contests, activities, or programs promoted are strictly limited to people over 21, unless otherwise indicated.
If we learn that, despite these measures, Personal Information of any person under the age of 13 has been collected on the Sites without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained an account on the Sites, please alert us at firstname.lastname@example.org request that we delete that child’s Personal Information from our systems.
10. Managing Your Information
You may decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality found on the Sites.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Email Opt Out
From time to time (and with your consent when required), you may receive periodic mailings, or e-mails from us with news or other information on events, products, services, discounts, special promotions, upcoming events or other offers from or on our behalf. If at any time you wish to stop receiving emails or mailings from us please send us an email to email@example.com the phrase “Privacy Opt-out: Rampart Social Mailings” in the subject line, or write to us at the address provided below, and we will remove you from our mailing list.
Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth in most promotional e-mail messages from us. Your unsubscribe request or e-mail preferences change will be processed promptly, though this process may take several days. During that processing period, you may receive additional promotional emails from us.
Marketing/Joint Marketing Opt Out
If you wish to opt-out of receiving solicitations from us, or do not want us to share your Personal Information with partners for marketing purposes, you may email us at firstname.lastname@example.org, call (702) 507-5935, or write to:
Hotspur Resorts Nevada Ltd.
Attn: Marketing Opt Out
221 N Rampart Blvd
Las Vegas, NV 89145
If you do not want us to share your Personal Information among the Rampart Sites and affiliates for marketing purposes, you may email us at email@example.com call (702) 507-5935.
Behavioral Advertising Opt Out
If you prefer to not receive targeted advertising, you can opt out of some network advertising programs that use your information. To do so please visit the NAI Opt-Out Page: http://www.networkadvertising.org/choices. Please note that even if you choose to remove your information (opt out), you will still see advertisements while you are browsing online. However, the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
11. Notice to EU Residents
Legal Basis for Processing Information
If you are located in the EU or Switzerland, we rely on several legal bases to process your Personal Information. These legal bases include where:
- The processing is necessary to perform our contractual obligations, such as to provide you with our services;
- You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);
- The processing is necessary to comply with a legal obligation, a court order or to exercise or defend legal claims;
- The processing is necessary for the purposes of our legitimate interests, such as in improving, personalizing, and developing our services, marketing new features or products that may be of interest, and promoting safety and security as described above.
If you have any questions about, or would like further information concerning, the legal basis on which we collect and use your Personal Information, please contact us by emailing firstname.lastname@example.org.
If you are a Rampart customer, we will retain your Personal Information as long as we are providing the services to you. If you have consented to receive marketing materials from us, we will retain your Personal Information as long as we have your consent to send you marketing materials. We retain Personal Information after we cease providing services to you for the purpose of fraud monitoring, detection and prevention. We also retain Personal Information to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.
Rights Under the General Data Protection Regulation
If you are located in the EU or Switzerland, you have the following rights in respect of your Personal Information that we hold:
- Right of access.The right to obtain access to your Personal Information.
- Right to rectification.The right to obtain rectification of your Personal Information without undue delay where that Personal Information is inaccurate or incomplete.
- Right to erasure.The right to obtain the erasure of your Personal Information without undue delay in certain circumstances, such as where the Personal Information is no longer necessary in relation to the purposes for which it was collected or processed.
- Right to restriction.The right to obtain the restriction of the processing undertaken by us on your Personal Information in certain circumstances, such as where the accuracy of the Personal Information is contested by you, for a period enabling us to verify the accuracy of that Personal Information.
- Right to portability.The right to portability allows you to move, copy, or transfer Personal Information easily from one organization to another.
- Right to object.You have a right to object to processing based on legitimate interests and direct marketing.
If you wish to exercise one of these rights, please email us at email@example.com. You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Obligations to Data Protection Authorities (DPAs)
We will respond diligently and appropriately to requests from DPAs about this Policy or compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of Personal Information, we will (a) cooperate with inquiries from the DPA responsible for the entity exporting the data, and (b) respect its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.
Contacting Our Data Protection Officer
To contact our designated Data Protection Officer, please send an email to: firstname.lastname@example.org.
12. California Privacy Rights
If you are a California resident, you have the right to request information from us regarding the manner in which Rampart shares certain categories of Personal Information with third parties for their direct marketing purposes, in addition to the rights set forth in Section 10 above. Under California law, you have the right to send us a request at the designated address listed below to receive the following information:
- The categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
- the names and addresses of the third parties that received the information; and
- if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.
This information may be provided in a standardized format that is not specific to you. The designated email address for these requests is: email@example.com.
Also, please note that we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.
California residents also have the right to opt out of certain marketing practices. For more information, see Section 10 above.
13. Your Consent and Updates to this Policy
If you have any questions about your privacy or security on our Sites, please contact us using the following information:
Hotspur Resorts Nevada Ltd.
221 N Rampart Blvd
Las Vegas, NV 89145
Last Updated: August 1st, 2019
I. ACCURATE INFORMATION
You certify that the name, address, and all other personal and non-personal information that you give us while and after opening any other account associated with the Sites or Services is true, accurate, current, and complete. If you provide false, inaccurate, stale, or incomplete information, or if Rampart suspects that you did so, Rampart may refuse or limit access to, suspend, or terminate your account(s) or use of the Sites or Services without prior notice to you.
II. ACCEPTABLE USE
Your use of the Sites and Services is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):
You shall not upload to, transmit through, or display via the Sites or Services any content that:
- is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights;
- contains confidential, proprietary, or trade secret information of any third party;
- violates the rights of others, including without limitation any privacy rights or rights of publicity;
- impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading or inaccurate email address or other contact information;
- violates any applicable laws or regulations;
- makes any statement, express or implied, that you are endorsed by Rampart;
- harms minors in any way, including, but not limited to, by depicting content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- contains any unsolicited promotions, political campaigning, advertising or solicitations; or
- in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Sites or Services or which may expose Rampart, any of its officers, directors, or employees, or other users to any harm or liability of any type.
You shall not use the Sites or any Services to engage in any of the following activities:
- accessing, using, or uploading content to, or attempting to access, use, or upload content to another user’s account without permission; or
- transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
Additionally, you shall not:
- try to obtain unauthorized access to any account associated with the Sites or Services;
- try to open an account if you are under the age of 21;
- provide false or misleading information at any time when opening or using an account;
- try to use the Sites or any Service in a commercial manner, rather than for personal and non-commercial recreation;
- use the Sites or any Service in a manner inconsistent with these Terms, the Rules, or applicable law;
- modify or interfere with the Sites, any Service, or other software or Rampart Content – including location, access, and other security features – for any reason, or permit or help anyone else to do so; or interfere with or alter the Sites, any Service, or other software or Rampart content.
III. OWNERSHIP OF THE SITES AND CONTENT
All right, title and interest in the Sites and Services including, but not limited to, all of the software and code that comprise and operate the Sites and Services and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, URLs, advertising copy and other materials provided through the Sites and Services (collectively, “Content”) are owned by us or by third parties who have licensed their Content to us. The Sites and Services are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of the Sites and Services is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of the Sites.
We hereby grant you a limited, revocable license to download and print copies of any portion of the Content of the Sites and Services to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content you download. The foregoing license is subject to these Terms and does not include the right to use any data mining, robots or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of any Sites, Services or Content, or in any way reproduce or circumvent the navigational structure or presentation of any Site, Service or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Sites and Services. We reserve the right to take measures to prevent any such activity. This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on the Sites and Services except as expressly provided in these Terms. Nothing in these Terms shall be construed as transferring any right, title or interest in the Sites and Services or their Content to you or anyone else, except the limited license to use the Sites and Services and their Content on the terms expressly set forth herein.
Notwithstanding the foregoing, and specifically with regard to trademarks, the Rampart names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Sites and Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Rampart and/or its affiliates (the “Rampart Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Sites and Services are the property of their respective owners. You are not authorized to display or use the Rampart Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Sites and Services without the prior written permission of such owners. The use or misuse of the Rampart Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
You may be required open an account with Rampart before using certain Services.
By opening any account associated with the Sites or Services, you are certifying to us that: (i) you understand and accept the risk that, by using our services, you may lose or win money, (ii) you are at least 21 years of age, (iii) you are legally able to enter into contracts, (iv) you are not a person barred from receiving or using Services under federal, state, local, or other laws, and (v) you are the rightful owner of the money which you at any time deposit into or withdraw from your account.
You acknowledge and agree that Rampart may close, suspend, investigate, monitor, or limit your access to your account or any other account associated with the Sites or Services, without prior notice to you. You acknowledge, understand, and agree that you do not have an expectation of privacy in activities related to the Sites or any Services.
V. PASSWORD PROTECTED AREAS OF OUR SITE
For your protection, certain areas of the Sites and access to certain Services may be password protected. You are responsible for maintaining the confidentiality of your passwords. We have the right to assume that anyone accessing the Sites and Services using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing the Sites and Services using a password assigned to you, even if the individual is not, in fact authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it using the functionality provided on the Sites or Services.
In order to access or use some of the features on the Sites and Services you may have to become a registered user. If you become a registered user, you will provide true, accurate, current and complete information about you as may be prompted by any registration forms, if such information changes, you will promptly update the relevant registration information. We reserve the right to terminate your account or otherwise deny you access to the Sites and Services in our sole discretion for any or no reason without notice and without liability.
VI. THIRD PARTY WEBSITES AND ADVERTISING
The Sites and Services may contain links to third party websites that are not owned or controlled by Rampart. Rampart has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Rampart will not and cannot censor or edit the content of any third party website. By using the Sites or Services you expressly relieve Rampart from any and all liability arising from your use of any third party website. We encourage you to be aware when you leave the Sites or Services and to read the terms and conditions of each other website that you visit.
Advertising may be presented to you when you use the Sites or any Services. You consent to receiving such advertisements. You also acknowledge and agree that Rampart is not responsible for any products or services provided by advertisers outside of Rampart, its subsidiaries, and its affiliated companies.
VII. AGREEMENT TO FOLLOW APPLICABLE LAWS
You certify that you will comply with all applicable laws (e.g., local, state, and federal laws) when using the Sites or any Services or Rampart Content as permitted and in accordance with this Agreement. You will be responsible for any cost, expense, fee, liability of any kind, and attorney’s fees that Rampart incurs if you break the law, misuse the Sites, Services or information Rampart provides, or breach this Agreement. And if you break the law, misuse the Sites, Services or information Rampart provides, or breach this Agreement, you acknowledge and agree that you will reimburse, indemnify, and hold harmless Rampart, its subsidiaries, its affiliated companies, and the employees, directors, officers, and agents of all aforementioned companies, from any money damages, costs, expenses, losses, liabilities, and attorney’s fees resulting from any claim, threat, demand, suit, or investigation brought by another person, entity, or government. Without waiving any of these rights, Rampart may at its sole discretion defend itself against any such claim, threat, demand, suit, or investigation without your consent. All of your obligations in this paragraph survive and continue after any termination of this Agreement.
VIII. ADDITIONAL PRIVACY TERMS
Data and other information about your location, wireless device, computer system, and application software is gathered periodically to provide software updates, product support, and other services to you related to the Sites and Services. You agree that Rampart, its subsidiaries, and its affiliated companies may collect, use, and disclose this data and other information about you to improve products or to provide Services or technologies to you. Although Rampart takes reasonable steps to safeguard your information, you have no expectation of privacy once you have logged into your account.
You authorize Rampart, its subsidiaries, its affiliated companies, third party vendors (such as wireless carriers, technology developers, service providers, advertisers, and merchant banks for credit card and debit card transactions) to collect, use, and disclose location information, non-personal information, and nonpublic personal information (including, for example, your name, postal and email addresses, telephone number, account number, device number, and, for processing payment-card transactions you authorize, your payment-card number and related information).
Rampart collects and stores location-identification information. By entering into this Agreement, you acknowledge and agree that the location of your wireless device is information made available to and used by Rampart and its vendors, and that you have no expectation of privacy concerning your location when using the Services. Your location is verified when you log into your account using the Sites or any Services and when you use the Sites or Services. This location information may be used to verify that you are in the State of Nevada where required by law and as more fully described in the applicable Rules, and it may be stored by Rampart or its service providers for approximately five (5) years, or as otherwise required by Nevada Gaming Commission regulations. Your location information will not be used for any other purpose.
IX. AGE RESTRICTION
All people under 21 years of age are prohibited from using the Sites and any Services. We do not market or advertise to persons under the age of 21. If you are younger than 21 years of age, you are prohibited from accessing or using the Sites and any Services, you are prohibited from opening any account, and you may not submit information to the Website.
Rampart does not purposely store personal information from persons under 21 years of age. If Rampart learns that the Website or any Services have collected such information, Rampart will take appropriate steps to delete it. If you are a parent or guardian of any person under the age of 13 and discover that your child has submitted information for or obtained an account, you may contact us at (702) 507-5935, and ask us to close the account and remove that account holder’s personal information from our systems.
X. USER COMMENTS AND FEEDBACK
Rampart will terminate a user’s access to the Sites and Services if, under appropriate circumstances, they are determined to be a repeat infringer or otherwise a nuisance to the Sites or Services. Rampart reserves the sole and exclusive right to decide whether a comment or any other user submission is inappropriate or otherwise violates these Terms, other than copyright infringement, such as, but not limited to obscene, defamatory, or just plain obnoxious material. Rampart may remove such comments or other user submissions and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
XI. DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Rampart with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA claims may be sent to the following address:
Marketing – Copyright Claim
221 N Rampart Blvd
Las Vegas, NV 89145
Or, please email us at firstname.lastname@example.org.
Note: You acknowledge that if you fail to comply with all of the requirements of this Section XI your DMCA notice may not be valid.
XII. DISPUTE RESOLUTION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
YOU AGREE THAT BY USING THE SITES OR SERVICES YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST RAMPART ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE SITES OR SERVICES, OR YOUR DEALINGS WITH RAMPART SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF ANY ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND RAMPART AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS YOU MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN LAS VEGAS, NEVADA. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.
THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION—I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION—SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTAN