Below are the terms and conditions (“Terms”) which are applicable to this website, any mobile application (collectively the “Site” or “Sites”), as well as any feature or service offered by the Site (collectively referred to as the “Services”). These Terms form a legally binding agreement between any person who accesses or uses the Site (referred to as “you or “your”) and Tropicana Entertainment Inc. and any of its affiliate or subsidiary companies that post these Terms on any Site (referred to as “Tropicana”, “we”, “our” or “us”).
1. Age Restrictions
The Site is intended strictly for persons who are 21 years of age or older. If you are under the age of 21, we ask that you not access or attempt to access the Site. Additionally, persons under the age of 21 are not permitted to gamble at our casinos and are not permitted to loiter in the gaming areas of our properties. We reserve the right to verify your age at any time for any reason and may refuse admittance to a person who does not present valid identification verifying that they are 21 years of age or older.
2. Conditions for Use of Site
THESE TERMS GOVERN YOUR USE OF THE SERVICES. BY ACCESSING, DOWNLOADING, OR USING THE SITE, YOU REPRESENT THAT: (A) YOU HAVE READ, UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND BY THESE TERMS; AND (B) YOU ARE AT LEAST 21 YEARS OF AGE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
If at any time you do not agree to any portion of the Terms, your permission to use the Services shall immediately terminate and you must immediately stop using the Site.
The Terms consist of the terms and conditions on this page, as well as the terms included in the following additional policies which are hereby incorporated into these Terms by reference. Capitalized words and terms that are used, but not defined, in this document or in a particular policy may be defined elsewhere in the Terms. Please read these Terms (including the additional policies) carefully, as they govern your use of the Service.
- Guidelines. Your use of the Service is also governed by any additional policies and guidelines that may be posted from time to time through the Service.
We reserve the right to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms on or within the Service. You are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of any and all revised Terms. You agree that we may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
3. Access to Services
4. Password Security.
During the process of registering for access to Services, you may be asked to select a personal, non-transferable password. You may also be asked to provide information that we will use to confirm your identity in the event you submit a request for a lost or forgotten username or password. You are solely responsible for all activities that occur under your password-protected account, whether or not such actions were taken by you, and for ensuring the protection of your account information. You undertake to monitor your Account to restrict the use of any other person. You accept full responsibility for any use of the Service or your Account by any third party. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. Password-protected accounts may not be shared or used by more than one individual. You agree that we may send to you in electronic form any notices or other communications regarding this Site.
5. Prohibited Conduct
You must not use the Site for any (i) unlawful purpose; (ii) any commercial purpose; (iii) in a way that impairs, interrupts or damages the Site or its efficiency; (iv) to advertise or promote your own or any third party’s products or services; (v) to distribute any unsolicited communications, including, but not limited to, spam; (vi) in any way other than for your personal use; (vii) from a territory in which the use of this Site is illegal; and (viii) in breach of these Terms.
You must not use (or upload to the Site or our systems) any form of malware (including, but not limited to, viruses, worms, Trojan horses and spyware) or any other code that may be deemed malicious. You are also prohibited from using any “bots” or other form of automated software.
You must comply with all rules and policies relating to the Site that we may publish on the Site from time to time. We may restrict or prevent your use of the Site at any time if we reasonably believe that you have breached any of these Terms. We may also take action to defend our rights or the rights of any other person under these Terms.
6. Promotional Information
From time to time, we may make information available at the Site regarding certain programs, offers, or promotions (“Promotions”). All Promotions are subject to the specific terms and conditions, as well as restrictions, disclosed in relation to such Promotions. Such Promotions are subject to being withdrawn or changed without prior notice. We shall not assume any responsibility or liability for any inaccuracies, errors or omissions regarding prices, availability, or other information in connection with Promotions and we shall have no obligation to honor transactions or information affected by such inaccuracies.
7. Third Party Content and Websites
We may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Site by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
If a third party links to the Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not even aware that a third party has linked to the Site. A third party website that links to the Site: (i) may link to, but not replicate, our content (including, but not limited to, the Website Content); (ii) may not create a browser, border environment or frame our content (including, but not limited to, the Site or content on Site); (iii) may not imply that we are endorsing it or its products or services; (iv) may not misrepresent its relationship with us; (v) may not present false or misleading information about our products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only content that is appropriate for all age groups.
8. Intellectual Property (IP) Ownership.
We and our licensors retain all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. If you make or provide any suggestion, feedback, idea, or proposal relating to any current or future product or service of ours, including any feature development, enhancement, bug report, or other information (“Feedback”) you agree that such Feedback is provided on a non-confidential basis (regardless of any message to the contrary in any accompanying communication), and you agree that by providing us any Feedback you grant us and its successors and assigns an unlimited, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up right and license (without any obligation) to use such Feedback for any purpose, and to practice any method therein, without payment, attribution, or other compensation to you or any other person.
You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce frames, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without our explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from us. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties.
We and/or our licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
9. Notice And Procedure For Copyright Infringement Claim.
Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), we reserve the right, but not the obligation, to terminate your right to use the Service if we determine in our sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers”. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, we have implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:
Tropicana Entertainment Inc
8345 West Sunset Road, Suite 300
Las Vegas, Nevada 89113
Attn: Bessie A. Sacco
TEI Vice President Legal and Regulatory Affairs
Phone: (609) 340-4390
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
10. Convenience and Information Only
The Site is provided to you as a convenience and for your entertainment and information only. By merely providing access to the Site, we do not warrant or represent that: (a) the Site Content: (i) is accurate or complete; (ii) is up-to-date or current (nor do we have any obligation to keep any such Site Content up to date); (iii) is free from technical inaccuracies or typographical errors; or (iv) is free from changes caused by a third party; and/or (b) your access to the Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (c) any information obtained in response to questions asked through the Site is accurate or complete.
11. Disclaimers; Limits on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS, IN NO EVENT WILL WE BE LIABLE FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, THEFT, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF REPORTS, LOSS OF CONTENT, BUSINESS INTERRUPTION, MOBILE DEVICE FAILURE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; AND
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR YOUR USE OF THE SERVICE;
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND INFORMATION AND MATERIAL IN THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SERVICE AND INFORMATION AND MATERIAL IN THE SERVICE, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR THAT THE SERVICE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SERVICE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
- WE MAKE NO WARRANTY THAT (A) THE SERVICE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (B) THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (D) ANY ERRORS IN THE SERVICE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (E) THE SERVICE AND ITS CONTENTS AND SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
IF YOU ARE ACCESSING THE SERVICE FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE US, OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SERVICE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST US FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF US AND OUR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
We do not endorse, warrant or guarantee any third party product or services shown on the Site and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
We may discontinue, withdraw, terminate or modify the Site or any part of each at any time with or without notice or further liability to you.
You agree to indemnify, defend and hold us, our affiliates and ours and their respective directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity, including any claim that a user submission made by you has caused damage to a third party.
13. Dispute Resolution: Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
YOU AGREE THAT BY USING THE SERVICE, YOU AND TROPICANA ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND TROPICANA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS 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 and Tropicana 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 Service, or your and Tropicana’s dealings with one another 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 by Judicial Arbiter Group, Inc. (“JAG”) using one arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAG arbitrators in accordance with the Arbitration Rules and Procedures of JAG. If JAG is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organizat ion or arbitrator that you and Tropicana both 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, the arbitrator, you, and Tropicana 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. Neither you nor Tropicana will be able to have a court or jury trial or participate in a class action or class arbitration. You and Tropicana each understand and agree that by agreeing to resolve any dispute through individual arbitration, YOU AND TROPICANA ARE EACH 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 and we 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. Notwithstanding any provision in these terms to the contrary, if the class-action waiver above is deemed invalid or unenforceable, you agree that you shall not seek to, and waive any right to, arbitrate class or collective claims. If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state courts of competent jurisdiction located in Las Vegas, Nevada or the United States District Court located in Las Vegas, Nevada, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these Terms. This arbitration agreement will survive termination of your use of the Service and your relationship with Tropicana. This arbitration agreement involves interstate commerce and, therefore, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879.
14. Export Control.
By using the Service you acknowledge that you may not download, export, or re-export the Service, or any portion thereof, (a) into, or to a national resident of, any country to which the United States has embargoed goods or that has been designated by the U.S. Government as a “terrorist supporting” country, (b) to anyone on the United States Treasury Department’s list of Specifically Designated Nationals, the U.S. Commerce Department’s Table of Deny Orders, or any other U.S. government list of prohibited or restricted parties. By downloading or using the Service, or any portion hereof, you are representing and warranting that you are not located in, under the control of, or a national resident of any such country or on any such list.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties’ agreement.
17. Special Terms for our Mobile Applications.
In the event that we provide you with access to a Mobile Application (“App”), the following additional terms will apply:
Tropicana and you acknowledge that this Agreement is concluded between Tropicana and you only, and not with Apple, Inc., or Google, Inc., and Tropicana, not Apple, Inc., or Google, Inc., is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple, Inc., or Google, Inc., terms apply. The license granted to you for App is limited to a nontransferable license to use App on an iOS Product or Android that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service or Google Play. Tropicana is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. Tropicana and you acknowledge that Apple, Inc. or Google, Inc. have no obligation whatsoever to furnish any maintenance and support services with respect to App. Tropicana is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify Apple, Inc. or Google, Inc. and Apple, Inc. or Google, Inc. will refund the purchase price for App to you; and to the maximum extent permitted by applicable law, Apple, Inc. or Google Inc. will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Tropicana’s sole responsibility. Tropicana and you acknowledge that Tropicana, not Apple, Inc. or Google, Inc. is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (a) product liability claims; (b) any claim that App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. This Agreement does not limit Tropicana’s liability to you beyond what is permitted by applicable law. Tropicana and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, Tropicana, not Apple, Inc. or Google, Inc. will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Tropicana and you acknowledge and agree that Apple, Inc. or Google, Inc. and Apple, Inc.’s or Google, Inc.’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple, Inc. or Google, Inc. will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.