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Terms of Use

Last updated: December 17, 2021

These Terms of Use apply to the website located at Palms.com and our apps (“Palms”).  Please read these Terms of Use carefully. By using this website, you accept and agree to be bound by these Terms of Use and our Privacy Policy, which together form a legally binding contract between you and Palms. If you do not agree to these Terms of Use or Privacy Policy, do not use this website.

This website is provided by Palms Resort & Casino and the Palms Place Condominium (“Palms,” “we” “us” or “our”), which are owned and operated by the San Manuel Gaming and Hospitality Authority, an unincorporated instrumentality of the San Manuel Band of Mission Indians, a federally-recognized sovereign tribe.  We may refer to you in these Terms of Use as “you” or “your”.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND PALMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

Minimum Age
You must be twenty-one (21) years or older to access our website. If you are under 21, you are not permitted to access our website or register for an account or participate in any of our online services or activities.

In order to confirm that all users of our website are 21 or older, we reserve the right to carry out verification checks to verify the information provided by you. We may undertake a search with a third party for the purpose of verifying that you are 21 years or over. Where these checks are unable to verify that you are 21 years of age or over, we may ask you for proof of age, satisfactory to Palms in its sole discretion.  We may suspend your access to the website or your account until satisfactory proof of your age is provided.

Modification of Terms of Use
We reserve the right to modify and/or amend any of these Terms of Use from time to time in our sole discretion. The Terms of Use may be modified and/or amended without notice to you. Any such modifications and amendments will take effect upon posting on this website, and we will change the “last updated” date at the top of these Terms of Use. You should review these Terms of Use from time to time to review any changes.  Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.

Promotions
We may from time to time provide you with information regarding offers or promotions (“Promotions”). All Promotions are subject to the specific terms and conditions disclosed in connection with such Promotions.  All Promotions may be changed, terminated early or cancelled without prior notice. We are not responsible for any typographical or other errors or omissions regarding prices, availability, or other information in connection with Promotions.

Representations & Warranties
By doing any of the following things:

  • entering the website;
  • opening and using a My Club Serrano account on the website; or
  • participating in any services or activities on the website,

you hereby represent, warrant and certify all of the following:

  • you fully understand, agree to, become a party to and shall abide by all codes of conduct, rules, regulations, terms and conditions contained herein (including these Terms of Use and our Privacy Policy) and as such codes, rules, regulations, terms and conditions may change from time to time;
  • you are at least 21 years of age; and
  • your entering of the website is solely for your own personal use and any other entrance, access, use or reuse of this website by you is strictly prohibited;

Disclaimer of Liabilities
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL PALMS, its affiliates and their respective employees, officers, managers, directors, agents, representatives, members, contractors and service providers, BE LIABLE FOR ANY LOSS OF CHANCE OR OPPORTUNITY, LOSS OF INCOME, LOSS OF USE OF MONEY, LOSS OR CORRUPTION OF DATA, DAMAGES (INCLUDING LOSS OF PROFIT), SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEBSITE, EVEN IF OUR REPRESENTATIVE (AUTHORIZED OR OTHERWISE) HAS ADVISED YOU OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALINGS, COURSE OF PERFORMANCE, USAGE OR TRADE. APPLICABLE LAW MAY NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES AND, TO THAT EXTENT ONLY, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WE ARE NOT UNDER ANY OBLIGATION TO PROVIDE THE WEBSITE TO ANYONE AND WE EXPRESSLY DECLINE LIABILITY FOR THE SAME.

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE (OR THE SERVER THAT MAKES THE WEBSITE CONTENT AVAILABLE) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE ARE NOT RESPONSIBLE FOR:

I) TECHNICAL, HARDWARE, SOFTWARE, TELEPHONE FAILURES OF ANY KIND;
II) LOST OR UNAVAILABLE NETWORK CONNECTIONS;
III) INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; AND/OR

IV) ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE PROCESSING OF SUBMISSIONS WHICH MAY LIMIT YOUR ABILITY TO PARTICIPATE IN THE WEBSITE,
WHETHER CAUSED BY US, BY YOU OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROVISION OF THE WEBSITE.  WE SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS, NOR ATTEMPTS BY YOU TO USE THE WEBSITE BY METHODS, MEANS OR WAYS NOT INTENDED BY US.

BY ACCESSING THIS WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Jurisdiction and Operation
These Terms of Use shall be governed and construed in accordance federal law and the laws of the State of Nevada, in that order, without giving any effect to any principles of conflicts of law that might direct the application of the laws of any other jurisdiction. You agree to arbitration as provided below, instead of a court proceeding or a trial by jury.

This website is operated from a server or servers located in the United States of America, and Palms does not make any representation that the materials or content in this website are appropriate or available in any particular location. If you choose to access this website you do so on your own initiative and are responsible for compliance with local laws, if and to the extent applicable.

Arbitration and Class Action Waiver.

Excluding claims for injunctive or other equitable relief, for claims related to the website or apps, including any goods or services purchased through the website, any dispute or controversy arising out of or relating to this Agreement, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of this Agreement shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act and in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect.  There shall be no right or authority for any claims to be arbitrated on a class action basis.  The arbitration shall take place in Las Vegas, Nevada or at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS.  The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who shall be independent and impartial.  If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator.  The arbitration shall be conducted in the English language.  The decision of the arbitrator will be final and binding on the parties.  Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party.  Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

Members may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Palms. The Notice must be postmarked no later than thirty (30) days after the date you accept this Agreement for the first time. The Notice must be mailed to 674 E. Brier Drive, San Bernardino, California 92408 to the attention of Vice President, Enterprise Legal Compliance. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of this Agreement, or any previous or future arbitration agreements that you have entered into with Palms.

Feedback
If you send us any suggestions, recommendations, ideas, concepts, graphical materials, or similar materials (“Feedback”) you agree that the Feedback is not confidential. You hereby assign all such Feedback to us without compensation (or the expectation of compensation) and agree that we may disclose, reproduce, publish, distribute, display, perform, modify, reduce to practice, sell, or otherwise use your Feedback for commercial or non-commercial purposes (“Use”) with no compensation to you. For any Feedback that cannot be legally assigned to us, you hereby grant us an unrestricted, royalty-free, perpetual, irrevocable and worldwide license to Use your Feedback without payment or delivery of any compensation to you.

Intellectual Property
All images of the casino property, Palms brand logo, text, and all other digital content are protected by copyrights and trademark rights owned, licensed or otherwise authorized for use, by Palms. By using the website, registering for an account, or participating in any services or activities on the website, you obtain no rights to any trademarks, copyrights, photographs, graphics, text, concepts, methodologies or other intellectual property of Palms. Nothing contained in this website shall be construed as granting by implication, estoppel, or otherwise, a license or right of use of any trademark or other intellectual property displayed in the website.

Copyright Infringement
If you believe that any content on this website infringes upon your copyright, please notify us at 674 E. Brier Drive, San Bernardino, California 92408, Attention: Vice President, Enterprise Legal Compliance. Your notice must include: (a) a description of the copyrighted work that you claim has been infringed; (b) the URL or other specific location on this website where the material you claim to be infringing is located (you must include enough information to allow us to locate the material); (c) your full name, postal address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the allegedly infringing material on the website is not authorized by the copyright owner; (e) your physical or electronic signature; and (f) a statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are the copyright owner or an authorized agent of the copyright owner.

Miscellaneous
Subject to any rules posted on the website from time to time, the Terms of Use contained herein and the Privacy Policy represent the complete, final and exclusive agreement between you and Palms and supersede and merge all prior agreements, representations and understandings between you and Palms with respect to this website and your participation in services or activities on the website.

If any provision of these Terms of Use shall be determined to be unlawful, void or for any reason unenforceable, then the unlawful, void and/or unenforceable provision(s) shall be deemed severable from the other provisions contained herein and shall not affect the validity and enforceability of any of the remaining provisions.

Other than the limited, permitted use to access and participate in services or activities on the website, you agree not to:

  • use any content provided through the website for any public or commercial purpose without our express written permission;
  • download, rent, lease, loan, distribute, create derivate works, copy, re-use, modify, adapt, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or discover the source code of all or any portion of the website, create improvements, or seek to obtain intellectual property protection on the content of any intellectual property rights in the website;
  • use any robot, scraping tool, spider, or any other automatic device or manual process to monitor or copy the website or any content available through the website without our prior written permission; or
  • upload, post, transmit, email, or otherwise make available to or through the website any viruses, worms, Trojan Horses, time bombs, corrupted files, or any other software or programs designed to corrupt, interrupt, interfere, intercept, expropriate, erase, destroy or limit the functionality of the website or any data, computer software, or hardware associated with the website or its operation.

We may send you mailings or emails informing you of news and information relating to the website, Club Serrano, or the Palms Resort & Casino at San Manuel property from time to time. You can unsubscribe from future mailings at any time in accordance with our Privacy Policy.

We may from time to time provide links to other websites that are not owned or controlled by us. We provide such links for your convenience and do not endorse such websites. We are not responsible for any information or content accessed through such websites. We disclaim any responsibility for any harm resulting from your use of third party websites.