Legal Agreements

The following terms of use (referred to as “Terms and Conditions”) are a legal agreement between BetMGM LLC (“BetMGM” or “we” or “us” or “our”), and you and your employees, representatives, and agents or any other visitors or users (“you” or “your”) of this website (the “Site”).

1. APPLICABILITY OF AGREEMENTS.

The Site is offered subject to your acceptance without modification of the Terms and Conditions. By accessing or using the Site, you agree to be bound by all of the Terms and Conditions. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS WITHOUT MODIFICATION, THEN YOU MAY NOT ACCESS OR USE THE SITE. BetMGM reserves the right, in its sole discretion, to revise or modify these Terms and Conditions at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms and Conditions periodically. Your continued access or use of the Site after a change or modification of these Terms and Conditions has been made will constitute your acceptance of the revised Terms and Conditions. If you do not agree to these Terms and Conditions, your only remedy is to discontinue your access and use of the Site.

IMPORTANT PLEASE READ CAREFULLY. BY VISITING OR USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT EIGHTEEN (18) YEARS OF AGE OR OLDER AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WITHOUT MODIFICATION. YOU FURTHER ACKNOWLEDGE, UNDERSTAND AND AGREE TO VARIOUS LIMITATIONS AND EXCLUSIONS INCLUDED HEREIN AND THAT ANY DISPUTES BETWEEN YOU AND US WILL BE RESOLVED AS SET FORTH IN THESE TERMS AND CONDITIONS, WHICH INCLUDE A CLAUSE IN WHICH YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

The Site is intended for persons who are 18 or older. If you are under 18, or otherwise unable or not of legal age to form a binding agreement, you may not access or use the Site.

2. PRIVACY POLICY.

By accessing or using the Site, you consent to, and agree that any information provided and/or collected in connection with the Site is subject to, the terms of the Privacy Policy available at www.betmgmpartners.com and consent to the sharing of your personal information and other data in accordance with the Privacy Policy.

3. INTELLECTUAL PROPERTY.

The terms BetMGM, MGM Resorts International, MGM, MGM Rewards and any other marks used by Us are the trademarks, service marks or trade names of BetMGM, MGM Resorts International, or Entain plc (the “Affiliate Group”), one of the Affiliate Group’s subsidiaries or associated companies, or its licensors. Further, all other material used by Us, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by the Affiliate Group, one of its subsidiaries or associated group companies, or licensors, and is protected by copyright or other intellectual property rights. You obtain no rights in such copyright material, trademarks or service marks and must not use them without the Affiliate Group’s written permission.

4. INFORMATIONAL PURPOSES ONLY.

The information contained on this Site is subject to change from time to time without notice. BetMGM does not warrant the accuracy of the information on this webpage. For the most current and accurate information, please contact the BetMGM Partners team at partners@betmgm.com.

The information on the Site is provided for informational purposes only and shall not constitute an agreement between BetMGM and you permitting you to promote BetMGM or requiring BetMGM to pay you commissions or any other renumeration of any kind. The full terms and conditions applicable to an affiliate’s (BetMGM Partner) commissions and promotions are as set forth in a mutually-signed agreement between BetMGM and the affiliate (BetMGM Partner) and may vary from those described on this Site. BetMGM has no obligation to pay and will not pay you commissions or any other form of renumeration unless there is a written agreement between BetMGM and you.

5. INDEMNIFICATION

You agree to defend, indemnify and hold harmless BetMGM, the Affiliate Group, and their personnel from and against any and all losses, claims, demands, suits, actions, liens, judgments, liabilities, costs and expenses as incurred arising out of (a) your misuse of the Site; (b) your violation of any terms of these Terms and Conditions; (c) a breach of your representations and warranties set forth in these Terms and Conditions; or (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property, or privacy right). This indemnification obligation will survive the termination of these Terms and Conditions and your misuse of the Site.

6. CLASS ACTION/JURY TRIAL WAIVER; CHOICE OF LAW, JURISDICTION, AND VENUE OF DISPUTES

PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Class and Collective Action Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BETMGM AGREE THAT EITHER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A REPRESENTATIVE PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, OR MASS ACTION OR PROCEEDING. YOU AND BETMGM HEREBY WAIVE ANY RIGHT TO CLASS, REPRESENTATIVE, COLLECTIVE, OR MASS ACTIONS, AND SUCH WAIVER SHALL APPLY IN COURT AS WELL AS ARBITRAL PROCEEDINGS. CLAIMS BY PERSONS OTHER THAN INDIVIDUALLY NAMED PARTIES SHALL NOT BE RAISED OR DETERMINED. FURTHERMORE, UNLESS AGREED BY YOU AND BETMGM OTHERWISE, A COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS WITH ANOTHER’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, COLLECTIVE OR MASS PROCEEDING. TO AVOID ANY DOUBT, NOTHING HEREIN ALLOWS CLASS, REPRESENTATIVE, COLLECTIVE, OR MASS PROCEEDINGS OR CLAIMS EVEN IF THE RELEVANT COURT RULES AND PROCEDURES WOULD SO PROVIDE. Notwithstanding any other clause contained in these Terms and Conditions, this Class and Collective Action Waiver does not prevent you or BetMGM from participating in a class-wide and/or representative settlement of claims.

Jury Trial Waiver. YOU AND BETMGM UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY for any dispute, claim or controversy arising out of or relating to the Site or these Terms and Conditions.

Choice of Law, Jurisdiction, and Venue. All decisions concerning the interpretation and application or administration of the Terms and Conditions or operation, access, or use of the Site shall be subject to and governed by the laws of Hudson County, New Jersey, choice of law rules notwithstanding. The state and federal courts presiding over Hudson County, New Jersey shall be the exclusive venue for any dispute, claim or controversy arising out of or relating to the Site or these Terms and Conditions and you consent to the jurisdiction of such courts in relation to such disputes, claims or controversies.

7. LIMITATIONS.

SUBJECT TO APPLICABLE LAW, WE PROVIDE THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE 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 SITE, 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.

YOUR ACCESS TO THE SITE, DOWNLOAD OF ANY FILES OR INFORMATION FROM THE SITE AND USE OF ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH SITE IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS, DEFECTS, ERRORS, BUGS, OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, PERSONAL COMPUTER, MOBILE PHONE OR OTHER ELECTRONIC DEVICES, COMPUTER NETWORK, OR SOFTWARE. WE DO NOT WARRANT THAT THE SITE IS FREE OF MALFUNCTIONS, DEFECTS, ERRORS, BUGS, OR VIRUSES THAT COULD HARM YOUR DATA, DEVICES, NETWORKS, OR SOFTWARE.

THE AFFILIATE GROUP (INCLUDING ITS OFFICERS, DIRECTORS, MEMBERS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OR ANY THIRD PARTY’S USE OF THE SITE, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE DAMAGES, ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SITE, DAMAGE FOR BUSINESS LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION OR BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY OR CONSEQUENTIAL LOSS (EVEN WHERE WE HAVE BEEN NOTIFIED BY YOU OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) ARISING OUT OF THESE TERMS AND CONDITIONS OR THE SITE. WE HAVE NO LIABILITY TO YOU ARISING FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, OR LOSS OF GOODWILL, OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE FOREGOING EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF THE WE WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICES).

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE AFFILIATE GROUP OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

8. MISCELLANEOUS.

If any provision of these Terms and Conditions is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms and Conditions, which shall continue to be fully valid, binding, and enforceable to the extent permitted by law.

These Terms and Conditions are personal to You and may not be assigned. These Terms and Conditions are not intended to benefit any third party, and do not create any third-party beneficiaries.

These Terms and Conditions constitute the entire agreement between BetMGM and You with respect to the Site and supersede all previous and contemporaneous agreements, proposals and communications regarding such subject matter, whether written or oral. Notwithstanding the foregoing, these Terms and Conditions do not govern any affiliate marketing, promotional, or commission-based relationship between You and BetMGM. Any such relationship shall be governed by a separate written, mutually signed agreement between You and BetMGM (a “Marketing Partner Agreement”). BetMGM has no obligation to pay and will not pay You commissions or any other form of renumeration except as set forth in a Marketing Partner Agreement. If there is any conflict between these Terms and Conditions and a Marketing Partner Agreement, the terms of the Marketing Partner Agreement shall control.

No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.

For any questions regarding BetMGM’s affiliate marketing program (BetMGM Partners), please contact us at partners@betmgm.com. For any questions regarding these Terms and Conditions, please contact us at legaldepartment@betmgm.com.