WEBSITE TERMS AND CONDITIONS OF USE
This website (the “Site”) is owned and operated by Cash Magic Truck Plaza & Casino (“Cash Magic” or “we” or “us”). Your access to and use of this Site is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms and Conditions:
USERNAMES, PASSWORDS AND SECURITY
If you register on our Site, you will be asked to create a unique username and password. Your username and password are issued to you and may not be used by anyone else. You are entirely responsible for maintaining the confidentiality of your username and password. Furthermore, you are entirely responsible for any and all activities that occur on the Site using your username and password, whether or not authorized by you. You must immediately notify Cash Magic of any known or suspected unauthorized use of your username and password or any other breach of security (contact us at magicinfo@bhwk.com).
PRIVACY POLICY STATEMENT
Protecting your privacy is very important to Cash Magic. Please read our Privacy Policy before proceeding to use our Site. Our Privacy Policy describes the types of information we gather about you and the types of uses we make of such information.
LIMITED USE OF MATERIALS
This Site and e-mails sent to you as a result of registering on this Site contain materials including, but not limited to, text, audio, video and/or images (individually and collectively the “Materials”) which are protected by international copyright, trade secret and trademark laws. You may access and use the Materials solely for your personal, non-commercial use, provided you keep all copyright and other proprietary notices completely intact. You may not copy, republish, upload, post, transmit, disclose, distribute, decompile, reverse engineer or disassemble the Materials. The Materials are licensed to you on a personal, non-exclusive basis by Cash Magic, and are not sold or transferred to you. Except for the limited rights explicitly granted to you herein, Cash Magic retains ownership of all right, title, and interest in and to the Materials including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets, and know-how).
Cash Magic ‘s name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Cash Magic. You are not authorized to use any such name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of the owner. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. Cash Magic reserves all legal rights and remedies available to it.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
Your use of this Site and the Materials is at your own risk. If you are dissatisfied with any of the Materials contained in this Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using this Site. Cash Magic assumes no responsibility and shall not be liable for the accuracy, completeness, timeliness, reliability, relevance or usefulness of any of the Materials contained on this Site. Cash Magic also assumes no responsibility and is not liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any Materials from this Site.
NEITHER CASH MAGIC, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE OR THE MATERIALS IS LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CASH MAGIC DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LOST REVENUES, OR LOST PROFITS.
NEITHER CASH MAGIC NOR ANY THIRD PARTY CONTENT OR SERVICE PROVIDER PROVIDES ANY GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, AND CASH MAGIC EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, THE MISUSE OR MISINTERPRETATION OF, OR THE RELIANCE ON ANY INFORMATION CONTAINED IN THE MATERIALS. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THIS SITE AND THE MATERIALS. IN NO EVENT WILL THE LIABILITY OF CASH MAGIC TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNT OF ANY FEES YOU HAVE PAID FOR ACCESS TO THIS SITE OR THE MATERIALS, IF ANY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
INDEMNIFICATION
You agree to immediately notify Cash Magic of and to indemnify and to hold Cash Magic harmless from any and all claims (including reasonable attorneys’ fees and costs) resulting from: (i) your acts, omissions, or representations in any way related to these Terms and Conditions; (ii) your access to, and use of, this Site; or (iii) any information or services you receive through this Site. You shall use your best efforts to cooperate with us in the defense of any claim. Cash Magic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
CONTACTING CASH MAGIC
If you have any questions about these Terms and Conditions, this Site, or Cash Magic, feel free to contact us at magicinfo@bhwk.com.
GENERAL
These Terms and Conditions will be construed solely in accordance within the laws of the State of Louisiana, without giving effect to principles of conflicts of laws. Any actions, proceedings or suits concerning or relating to this Agreement may only be brought in a court of competent jurisdiction in Lafayette, Louisiana, or in the U.S. District Court for the Western District of Louisiana, and each party hereby consents to the jurisdiction and venue of such court, and waives any objections thereto. In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of remaining provisions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. Failure by either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of the duration of such default, will not constitute a waiver of rights hereunder. These Terms and Conditions constitute the complete agreement between you and Cash Magic with respect to this Site and supersede all prior communications and agreements. Cash Magic may at any time, in its sole discretion, revise these Terms and Conditions by updating them on this web page. You are bound by any such revisions and should therefore periodically visit this web page to review the current Terms and Conditions.
