Last Modified: February 20, 2025

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS TO THE EXTENT PERMITTED BY LAW UNLESS OPTED-OUT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND THE PRIVACY POLICY, DO NOT USE THE WEBSITE.

1. ACCEPTANCE OF TERMS OF USE
   • These terms of use are entered into by and between the website visitor (“You”) and Bally’s Corporation, its subsidiaries, and its corporate affiliates, including Bally’s Bronx (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively,  “Termsof Use“), as well as the Privacy Policy, incorporated herein, govern Your access to and use of the website at https://ballysbronx.com/ (the “Website”).
   • Please read the Terms of Use carefully before You start to use the Website. By using the Website, You irrevocably accept and agree to be bound and abide by these Terms of Use. If You do not want to agree to these Terms of Use, You must not access or use the Website. 
   • We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
2. PERMITTED USES
   • Your use of the Website shall be limited solely to Your personal and non-commercial use. The Website contains material that is derived in whole or in part from material supplied and owned by Company as well as third parties (“Content“).
   • You agree not to use the Website: (a) in any way that violates any applicable federal, state, local, or international law or regulation; (b) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use; (c) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (d) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); (e) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability; or (f) in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
   • You also agree not to (g) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including scraping, monitoring, or copying any of the material on the Website; (h) use any manual process to scrape, monitor, or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (i) use any device, software, or routine that interferes with the proper working of the Website; (j) introduce any viruses, Trojan horses, worms, logic bombs, malware, or other material that is malicious or technologically harmful; (k) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the systems on which the Website is stored, or any server, computer, or database, or interface connected to the Website; (l) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (m) otherwise attempt to interfere with the proper working of the Website.
3. ACCESS TO THE WEBSITE AND AVAILABILITY OF SERVICES
   • The Website and online services are intended for use by users who are over the age of 18 and reside in the United States, its territories, and possessions (“S.“) or those outside of the U.S. that consent to use the online services in accordance with U.S. laws, these Terms of Use and our Privacy Policy. By using or attempting to use the Website or online services, You certify that You meet any other eligibility and residency requirements of the Website.
   • You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for Your access to and use of the Website and/or online services and You will be responsible for all charges related to them.
   • Company may change, suspend or discontinue any aspect of the Website or online services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability.
4. INTELLECTUAL PROPERTY RIGHTS
   • The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
   • These Terms of Use permit You to use the Website for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
     • Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
     • You may store files that are automatically cached by Your Web browser for display enhancement purposes.
     • You may print or download one copy of a reasonable number of pages of the Website for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
     • If we provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
     • If we provide social media features with certain content, You may take such actions as are enabled by such features.
   • You must not:
     • Modify copies of any materials from the Website.
     • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
     • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
   • If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, Your right to use the Website will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
5. TRADEMARKS

The Company name, the terms Bally’s, Bally’s Bronx, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

6. ACCURACY, COMPLETELNESS, & TIMELINESS OF INFORMATION
   • Our Website may contain typographical errors, inaccuracies, or omissions that may relate to Company offerings, promotions, events, and materials. We do not warrant the accuracy, completeness or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.
     We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website is inaccurate at any time without prior notice.
   • We do not take on any obligation to update, amend, or clarify information on the Website except as required by law.
   • No specified update or refresh data applied on the Website should be taken to indicate that all information on the Website has been modified or updated.
7. TEXT MESSAGES
   • You may sign up to receive text messages from Bally’s, its affiliates, or third-party service providers on behalf of Bally’s (e.g., text message marketing). By using our Website, signing up for text messaging services or otherwise opting in to receive text messages, you agree that you have provided Bally’s, its affiliates, or its third-party service providers with prior express written consent to be contacted by text message, including recurring automated promotional and personalized marketing text messages.
   • By providing prior express and/or prior express written consent, you agree to receive text messages under the Telephone Consumer Protection Act and related state laws, including by the use of an automatic telephone dialing system (“ATDS”) to deliver text messages to the mobile phone number which you provided to Bally’s and its affiliates. While you consent to receive messages sent using an ATDS (or “autodialer”), the foregoing shall not be interpreted to suggest or imply that any or all of Bally’s mobile messages are sent using an autodialer. Your consent is not a condition of any purchase or use of our Website and your consent to be contacted as described is voluntary. The number of text messages you receive may vary based upon the text messaging service(s) you sign up for. Message and data rates may apply.
   • We will use the information provided by you in connection with the text messaging services in accordance with this Privacy Policy. Mobile opt-in data is not sold or rented, and it is not shared except with our third-party service provides that may send text messages on our behalf.
   • For support regarding our text messaging program, text “HELP”, or email us at info@ballysbronxcasino.com. Please note that the use of this email address, or texting “HELP” is not an acceptable method of opting out.
   • You may revoke your consent and opt out to discontinue text messages at any time. If you no longer want to receive text messages from us, reply STOP (or as otherwise instructed).
8. COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY WEBSITES AND CONTENT
   • For Your convenience, the Website may provide links to websites of other persons or entities, such as online news sites (“Third-Party Websites“). HOWEVER, THE THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY COMPANY. ACCORDINGLY, COMPANY MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEBSITES HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY WEBSITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION ON THE WEBSITE OF A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY ENDORSEMENT BY COMPANY. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY WEBSITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.
9. DISCLAIMER OF WARRANTIES
   • YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
   • TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
   • THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. LIMITATION OF LIABILITY
    • TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL OR ACTIONS THAT MAY INFECT YOUR COMPUTER  EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
    • TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
    • TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO COMPANY IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. 
    • THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
    • THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Website, including, but not limited to any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or Your use of any information obtained from the Website.

12. TERMINATION

These Terms & Conditions are effective until terminated. We may terminate this agreement at any time without notice to you and may deny you access to our Website.

13. GOVERNING LAW AND JURISDICTION
    • All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Rhode Island without giving effect to any choice or conflict of law provision or rule (whether of the State of Rhode Island or any other jurisdiction). You agree to submit to the personal jurisdiction of the federal and state courts located in Providence County, Rhode Island for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the arbitration provision below, including any provisional relief required to prevent irreparable harm (although we retain the right to bring any suit, action, or proceeding against You for breach of these Terms of Use in Your state of residence or any other relevant state).
    • You agree that the federal or state courts located in Providence County, Rhode Island  are the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
14. ARBITRATION AND WAIVER OF JURY TRIAL AND CLASS PARTICIPATION
    • You must submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association (“AAA”) applying Rhode Island law. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. The agreement to arbitrate otherwise includes, but is not limited to: claims based in contract, tort, warranty, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Terms of Use; claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; claims relating to our Website; claims arising out of or relating to the Telephone Consumer Protection Act; claims relating to Your data privacy or information security; and claims that may arise after the modification or termination of the Terms of Use.

You agree that, by use of the Website, You and the Company are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of the Terms of Use or Your relationship with the Company for any reason.

• If You intend to seek arbitration You must first send us, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be addressed to: General Counsel – Arbitration Demand, Bally’s Corporation, Attn: Legal Department, 100 Westminster Street, Providence, RI, 02903 (“Notice Address”) and must be signed by You personally. Notice to You from the Company may be to You directly, or if You are represented, to Your legal counsel. The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought (“Demand”). If the Company and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or the Company may commence an arbitration proceeding pursuant to the terms of this arbitration agreement.
• The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by the Terms of Use, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and You should review them periodically.

All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Terms of Use’s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of the Terms of Use’s including, but not limited to any claim that all or any part of this arbitration provision or agreement is void or voidable. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether the Terms of Use permit class or representative proceedings. For the avoidance of doubt, the court and arbitrator shall be bound by the terms of the Terms of Use, including with regard to the class and representative waiver provision. In any arbitration, the arbitrator shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.

Unless the Company and You agree otherwise, any arbitration will be governed by the substantive laws of Your state, and hearings will take place in the county (or parish) of Your billing or registered address subject to certain exceptions herein. Case management and other hearings shall be heard via telephone unless otherwise agreed to. Except as otherwise provided for herein, the Company will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, You agree to reimburse the Company for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules.

During the arbitration, the amount of any settlement offer made by the Company or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or the Company are entitled. In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court, including for example, under California Code of Civil Procedure Section 998 for arbitrations taking place in California. Such offers of compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if necessary).

• Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
• YOU AND THE COMPANY 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 OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION). Further, unless both You and the Company agree otherwise, the arbitrator or arbitration administrator may not consolidate or aggregate more than one person’s claims (except as set forth in subsection 14.6 below) and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subparagraph 14.5 is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph 14.5 is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph 30.5 enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law. Nothing in this subsection 14.5 or subsection 14.6 below shall prevent You or the Company from participating in a class wide settlement of claims.
• YOU AND THE COMPANY AGREE THAT ADMINISTRATION OF ANY MASS, COLLECTIVE OR BATCH ARBITRATION SHALL BE GOVERNED BY THE TERMS SET FORTH IN THIS SUBSECTION 14.6.  You and the Company agree that a “mass, collective, and/or batch arbitration” includes, but is not limited to, instances in which You and others are represented by a law firm or collection of law firms or legal counsel that has filed more than 150 arbitration demands of a substantially similar nature against the Company, alleging similar or identical claims or causes of action, within 180 days of the arbitration demand filed on Your or others behalf, and the law firm or collective of legal counsel/law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands together. If more than 150 arbitration demands of a substantially similar nature, alleging the similar or identical claims or causes of action, are filed against the Company by the same law firm or collection of legal counsel/law firms within 180 days of one another, each arbitration demand must be filed, administered, arbitrated, and resolved pursuant to this subsection 14.6. 

Specifically, in order to increase the efficiency of resolution for any mass, collective, and/or batch arbitration, in the event 150 or more similar arbitration demands against the Company are filed within a 180 day period pursuant to the above, the arbitration provider shall (i) group the arbitration demands into batches of no more than 150 demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. You and the Company agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for mass, collective, and/or batch arbitrations with regard to resolution, fees and administration. If subsection 14.6 is not enforced, or the arbitration provider refuses to follow these specific mass, collective, and/or batch arbitration protocols, then each arbitration demand must be filed, administered, arbitrated, and resolved individually, or the parties agree to seek out a different, mutually agreeable and widely recognized arbitration organization agreeable to follow subsection 14.6. If any other portion of this subparagraph 14.6 is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph 14.6 and this agreement shall be enforced to the maximum extent permitted by law.  Mass, collective, and/or batch arbitrations shall otherwise be subject to all other substantive and procedural terms contained within this agreement. 

• Notwithstanding any provision in the Terms of Use to the contrary, both You and the Company agree that if the Company makes any change to this arbitration provision (other than a change to the Notice Address) after Your enrollment in a service or program or Your use of the Website, You may reject any such change and require the Company to adhere to the language in this arbitration provision as written at the time of Your enrollment or purchase if a dispute between us arises, by providing Notice to the Company at the Notice Address in subsection (b) above within 30 days of such change.

15. LIMITATION ON TIME TO FILE CLAIMS 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. PARAGRAPH AND SECTION TITLES ARE FOR YOUR CONVENIENCE

The paragraph or section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

17. WAIVER AND SEVERABILITY
    • No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
    • If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
18. ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between You and Company regarding the Website and online services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and/or online services.

19. ASSIGNMENT

These Terms of Use are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign Your rights or obligations hereunder without Company’s prior written consent.

20. CONTACT US

If you have any questions about these Terms of Use, please email us at info@ballysbronxcasino.com or write to us at: 100 Westminster Street, Providence, RI 02903.