Terms of Use
Effective Date: January 21, 2021
These Terms of Use apply to the website located at http://www.motorcitycasino.com (the “Website”). The Website is owned and/or operated by Detroit Entertainment, L.L.C. d/b/a MotorCity Casino Hotel ("MotorCity Casino Hotel," “we,” “our,” or “us”). BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE (INCLUDING BUT NOT LIMITED TO THE DISPUTE RESOLUTION REQUIREMENTS CONTAINED HEREIN) AND THE PRIVACY POLICY; IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE OR THE PRIVACY POLICY, THEN PLEASE DO NOT USE THE WEBSITE. We encourage you to carefully read these Terms of Use and the Privacy Policy, as they control your use and access to the Website; however, we may modify these Terms of Use and/or the Privacy Policy, in each case in whole or part, from time to time by posting the modified Terms of Use and/or Privacy Policy on the Website. Therefore, you should periodically review the Terms of Use and Privacy Policy. The modified Terms of Use and/or the Privacy Policy shall be effective immediately on posting. Your continued use of the Website following posting of the modified Terms of Use and/or Privacy Policy constitutes your acceptance of such Terms of Use and/or Privacy Policy. We may terminate the Terms of Use and Privacy Policy at any time, in our sole discretion, without any notice to you.
Only persons who are 21 or older may access certain areas (such as the casino and other areas that we may designate from time to time) as well as participate in certain activities (such as gambling and alcohol purchase/consumption) at our facility or elsewhere (such as online). If you are under 21, you may not access (or attempt to access) any areas or participate (or attempt to participate) in any activities that are permitted only for persons who are 21 or older. We do not knowingly collect or allow the collection of Personal Information from persons who are under 21. If a parent or guardian of a person who is underage becomes aware that such underage person has provided us with Personal Information, the parent or guardian should contact us at the e-mail address included in Section 7 of the Privacy Policy. Furthermore, if you are under 21, you are prohibited from accessing or attempting to access password protected information and/or aspects of the Website (including but not limited to a Club Metro web account). The Website is not directed at nor intended to be attractive to persons who are under the age of 21 and we do not target the Website to persons who are under the age of 21. If we discover that we are in possession, through the Website, of Personal Information related to a person who is under the age of 21, we will promptly delete and/or destroy such Personal Information.
Privacy
We are firmly committed to protecting the privacy of our users. Click here to review our Privacy Policy which also governs your use of the Website. You acknowledge and agree that the Privacy Policy is incorporated into and made a part of these Terms of Use.
Other Applicable Terms of Use
In using the Website, you may be directed to one or more websites or applications owned and operated by MotorCity Casino Hotel or a third party, each with its own terms of use, including but not limited to the following:
Notwithstanding anything in these Terms of Use to the contrary, if you decide to visit such a website or application, you are subject to its terms of use and not these Terms of Use. Such third party websites and applications are deemed to be “Linked Services” (as defined below). Any subsequent business relationship, exchange of data or other interaction between you and a Linked Service, and/or any purchase, download or use by you of any product or service offered by or through such Linked Service, is solely between you and such Linked Service. Regardless of any recommendation by MotorCity Casino Hotel or use of such third-party products or services, MotorCity Casino Hotel does not make any representations, warranties or guarantees with respect to any such Linked Service or any of its products, services, or privacy practices. While MotorCity Casino Hotel may rely on data or information provided or generated by or through such Linked Service, you hereby acknowledge that MotorCity Casino Hotel specifically does not warrant the accuracy, reliability, completeness, or security of any such data or information, and you agree that MotorCity Casino Hotel shall not be liable for any acts or omissions based on its reliance thereon.
Depending on your use of the Website, you may also be subject to some or all of the following terms and conditions:
Club Metro
The Club Metro official rules can be found here:
https://www.motorcitycasino.com/viewerfull.aspx?doc=clubmetro&page=Rules
A valid, active Club Metro account is required to create and access your Club Metro web account through the Website. To create a Club Metro web account, you must complete the registration process by providing MotorCity Casino Hotel with certain information as prompted by the registration form. In registering for your Club Metro web account, you agree to submit accurate, current, and complete information about you and promptly update such information, if applicable. Should MotorCity Casino Hotel suspect that such information is untrue, inaccurate, not current, or incomplete, MotorCity Casino Hotel has the right in its sole discretion to suspend or terminate your access to and use of your Club Metro web account and/or seek updated information from you. If you have created a Club Metro web account, you may cancel your account at any time by notifying MotorCity Casino Hotel of your desire to do so. You are solely responsible for any and all activities that occur under your Club Metro web account and for ensuring that you exit or log-off from your account at the end of each session of use. If you are conducting a session on a public device or computer or are otherwise using a device or computer to which multiple people have potential access, be sure that you are sufficiently logged off from your Club Metro web account to prevent unauthorized access to and use of such account. You agree to notify MotorCity Casino Hotel immediately of any unauthorized use of your Club Metro web account or any other breach of security that is known or suspected by you. Club Metro web accounts cannot be shared or used by more than one individual.
Promotions and Gaming Offers
The official rules for all current promotions can be found at the Club Metro booth located in the casino. All promotions are subject to approval by the Michigan Gaming Control Board. MotorCity Casino Hotel reserves the right to change, cancel or modify any aspect of any promotion at any time (including but not limited to dates and times).
All gaming offers provided or otherwise made available through the Website are duplicative of the gaming offers that you receive through the mail, and thus can only be redeemed once. Gaming offers are non-transferable and non-negotiable unless otherwise specified. Reward Play/Free Table Play is available at 8:00 a.m. on the first valid date of each gaming offer. Gaming offers will not be extended past the applicable expiration date. You may be required to present photo identification in connection with redeeming a gaming offer. Reward Play/Free Table play that is available in connection with a gaming offer is valid only at participating slot/video poker machines/table games and on participating bets/wagers; to use Reward Play/Free Table Play on a participating slot/video poker machine/table game, the first wager must be placed in cash.
Promotions and gaming offers are not marketed to, not intended for use by and void if used by disassociated persons. Furthermore, without limiting any provision of the Club Metro official rules, the applicable promotion/gaming offer rules, or applicable law, individuals who have been excluded by the Michigan Gaming Control Board or “86d” from MotorCity Casino Hotel or have elected to self-exclude from MotorCity Casino Hotel or to become “Disassociated Persons” pursuant to the Michigan Gaming Control and Revenue Act are prohibited by law from entering the casino and thus from participating in any promotion or gaming offer. The following persons are also prohibited from participating in any promotion or gaming offer: MotorCity Casino Hotel associates, as well as members of the Michigan Gaming Control Board, its employees and agents, state police gaming section employees and employees of the attorney general assigned to the casino control division; owners of MotorCity Casino Hotel; vendors providing gaming or associated equipment to MotorCity Casino Hotel; and to the extent their participation in the applicable promotion or gaming offer is contrary to law, the immediate family members of the foregoing. Immediate family means any of the following, whether by the whole or half blood, marriage, adoption or natural relationship or effect of law: spouse (other than a spouse who is legally separated from the individual under a decree of divorce or separate maintenance) and, also, each parent, father-in-law, mother-in-law, grandparent, sibling, dependent, child, and grandchild, as well as the spouse of each of the foregoing.
Hotel Guest Rooms and Related Offers
General Hotel Guest Room Terms:
The maximum hotel guest room occupancy is four (4) guests per room in which there is one (1) king bed and six (6) guests per room in which there are two (2) queen beds. At the time a reservation is made, the hotel guest must provide a valid credit/debit card to guarantee the reservation. The credit/debit card used to make the reservation must have available funds of $50.00 for hotel guest rooms reserved using hotel guest room offers or the entire cost of the first night’s stay for all other reservations. MotorCity Casino Hotel has a “twenty-four (24) hour” cancellation policy, meaning that all cancellations must be made prior to 6 p.m. on the date prior to the scheduled check-in date. If a reservation is not cancelled prior to 6 p.m. on such date and the guest fails to arrive for check-in (as set forth below), a charge of $50.00 for hotel guest rooms reserved using hotel guest room offers or the entire cost of the first night’s stay for all other reservations will be applied to the credit/debit card used to make the reservation. MotorCity Casino Hotel reserves the right to cancel at any time any reservation that is made with a credit/debit card that is found to not have the requisite funds, to be invalid, to have expired, to have been cancelled, or to have been stolen.
MotorCity Casino Hotel’s current standard check-in time is 4:00 p.m. and current standard check-out time is 11:00 a.m. MotorCity Casino Hotel will accommodate early arrivals/late departures to the extent reasonable under the circumstances. MotorCity Casino Hotel reserves the right to charge a late check-out fee of up to the full applicable single night rate (depending on time of check-out) to any guest who checks out after the check-out time. MotorCity Casino Hotel is entitled to apply the guest room deposit against any of the above charges. Individuals with special needs (or who will be accompanied by individuals with special needs) should discuss those needs with MotorCity Casino Hotel staff and specifically identify any desired accommodations.
Each hotel guest is responsible for his/her own guest room charges and charges for incidentals, plus all applicable taxes. Hotel guests must provide a valid credit/debit card at check-in, at which time a guest room deposit (as established by MotorCity Casino Hotel, which amount is currently $50), the guest room charges, applicable taxes, and other charges will be charged to the card and processed, with the hotel guest agreeing that MotorCity Casino Hotel is authorized to charge all additional charges to that card at any time thereafter. Hotel guests who do not have a credit/debit card must pay all guest room charges and applicable taxes in cash at check-in, along with the deposit for incidental expenses. Any unused deposits will be refunded upon departure. We only accept cash or a credit/debit card (no comp dollars, no checks) for the deposit; if you use a credit/debit card for the deposit, the authorization will be released upon check-out and may take five (5) business days or more, depending on your financial institution, to be reflected in your account. Notwithstanding anything in this paragraph to the contrary, MotorCity Casino Hotel reserves the right, and you hereby agree that MotorCity Casino Hotel is authorized, to charge your credit/debit card for damage to the guest room caused by any acts and/or omissions of you, your guest(s), or anyone else who enters the guest room during your stay.
Maintaining the integrity of our hotel guest rooms and suites is vital. Furniture, fixtures, artwork, etc. may not be re-arranged, moved or removed. Additional furnishings, including folding tables, may not be added. Exhibits, displays, décor, signage, etc. are not permitted in the hotel corridors, elevator foyers, on doors or elsewhere on guest room floors or in the hotel guest rooms or suites. Furthermore, taping or affixing of any materials to walls, floors or ceilings, by any means, is not permitted. Please be advised that specific suites cannot be pre-assigned or confirmed in advance.
Additional Terms Specific to Hotel Guest Room Offers:
Hotel guest room offers are non-transferable and non-negotiable unless otherwise specified. Black-out dates apply for all hotel offers, and all such offers are subject to room availability. You may use comps, cash, or credit for any amount due in connection with your room offer, except that comps may not be used to purchase alcohol, pay for gratuities/service charges, or for the deposit. You must have rated play on participating slot/video poker machines/table games during your hotel stay to continue to receive hotel guest room offers.
Use of Materials
All materials furnished in or through the Website, including, without limitation, all text, user interfaces, visual interfaces, photographs, trademarks, service marks, logos, sounds, music, artwork, files, documents, images, software code or other materials (collectively, the "Materials"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Materials contained on the Website are owned by MotorCity Casino Hotel or other parties that have licensed their materials MotorCity Casino Hotel, and are protected by copyright, trademark, and other intellectual property and unfair competition laws. MotorCity Casino Hotel disclaims any proprietary interest in copyrights, trademarks, service marks, logos, slogans, domain names and trade names other than its own. You are not authorized to use any of MotorCity Casino Hotel’s trademarks, service marks, or logos without the prior written consent of MotorCity Casino Hotel, which consent may be withheld by MotorCity Casino Hotel’s in sole discretion.
Except as expressly provided in these Terms of Use, no part of the Website and no Materials may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, downloaded, captured by, or distributed in any way (including "mirroring") to any other computer, device, server, website or other medium for compilation, publication or distribution or for any commercial enterprise, without MotorCity Casino Hotel's express prior written consent. You may not use any data mining, bots, scraping, or similar data gathering and extraction tools on the Materials, frame any portion of the Website or Materials, or circumvent any mechanisms included in the Materials for preventing the unauthorized access to, copying, reproduction or distribution of the Materials. You may not copy any ideas, features or graphics of the Website and/or Materials.
We grant you a limited, non-exclusive right to access and make personal use of the Website, provided that you do not violate these Terms of Use or the Privacy Policy. You are not permitted to download (other than page caching) or modify the Website, or any portion of it, except with our express prior written consent. This license does not include any resale or commercial use of the Website or any of its Materials, or any collection and use of any product or service listings, descriptions, or prices; the making of any derivative works based on the Website or its Materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any unauthorized use automatically terminates the permission granted by us.
The Website design and all Materials and information displayed on or that can be downloaded from the Website are either the property of, or used with permission by MotorCity Casino Hotel, or our other service providers and suppliers and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such Materials. The information and Materials accessible from the Website is our proprietary information or the proprietary information of the party that provided the information or Materials to us, and we and the party or parties that provided such information and Materials retain all right, title, and interest in the information and Materials. Accordingly, such information and Materials may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. In any event, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of any Materials except as expressly provided in these Terms of Use violates our intellectual property rights or the intellectual property rights of third parties. Neither title nor intellectual property rights are transferred to you via access to the Website. You may not modify the information or Materials located on the Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such Materials for any public or commercial purpose. Any unauthorized use of any such information or Materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
All rights not expressly granted in these Terms of Use by MotorCity Casino Hotel to you are reserved by MotorCity Casino Hotel and/or its licensors.
Links to Other Websites
MotorCity Casino Hotel is not necessarily affiliated with sites that may be linked to the Website (“Linked Services”). The Linked Services are not under the control of MotorCity Casino Hotel and we are not responsible for the content or use of any Linked Services or any link contained in any Linked Services. We reserve the right to terminate any link or linking program at any time. MotorCity Casino Hotel does not endorse or approve companies, services, or products to which we link and reserves the right to note as such on the Website. If you decide to access any of the Linked Services that are linked to the Website, you assume sole responsibility for use of any Linked Services and do so entirely at your own risk.
Right to Discontinue or Change Website and Materials
MotorCity Casino Hotel reserves the right to modify, delete, alter the functionality of, or discontinue the Website and/or Materials, or any portion thereof without notice to you or any third party. Upon discontinuation of the Website and/or termination of these Terms of Use and the Privacy Policy, any permission granted therein terminates automatically without further notice to you and you agree to immediately destroy any Materials (as defined below) from the Website that you have downloaded, captured (e.g. screenshot), and/or printed.
Content and Warranty Disclaimer
Materials on the Website may include technical inaccuracies and/or typographical errors. We may periodically incorporate changes into the Materials. We may make improvements and/or changes in the Website and/or programs, promotions and/or offers described in the Materials at any time without notice. The Website, Materials, any other content provided through the Website, or any files or other data you download from the Website are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MOTORCITY CASINO HOTEL CANNOT ENSURE THAT THE WEBSITE, MATERIALS, ANY OTHER CONTENT PROVIDED THROUGH THE WEBSITE, OR ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES OR BE SECURE OR BE OF SATISFACTORY QUALITY, ACCURATE, AND TIMELY. WE DO NOT GUARANTEE THAT THE WEBSITE, MATERIALS, ANY OTHER CONTENT PROVIDED THROUGH THE WEBSITE, OR ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR MATERIALS, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR MATERIALS (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.
WE DO NOT MAINTAIN OR CONTROL THIRD-PARTY CONTENT OR THE CONTENT OF OTHER WEBSITES THAT MAY BE MADE AVAILABLE AS PART OF THE WEBSITE (INCLUDING BUT NOT LIMITED TO LINKED SERVICES) AND ARE NOT RESPONSIBLE FOR THE AVAILABILITY, COMPLETENESS, TIMELINESS, FACTUAL ACCURACY, OR NON-INFRINGEMENT OF SUCH CONTENT. SUCH CONTENT IS PROVIDED "AS IS," EXCLUSIVE OF ANY WARRANTY WHATSOEVER. YOU ACKNOWLEDGE THAT WE AND/OR THIRD-PARTY SOURCES (INCLUDING BUT NOT LIMITED TO LINKED SERVICES) MAY CHOOSE AT ANY TIME TO PROHIBIT OUR RESPECTIVE CONTENT FROM BEING ACCESSED UNDER THE APPLICABLE TERMS OF USE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MOTORCITY CASINO HOTEL, ITS AFFILIATES, SUCCESSORS, ASSIGNS, AND THEIR RESPECTIVE MEMBERS, COMMITTEE MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS (INCLUDING BUT NOT LIMITED TO ANTICIPATED PROFITS), LOSS OF REVENUE, ECONOMIC LOSS, LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, WHETHER AN ACTION IS BROUGHT IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR CONNECTED WITH THE WEBSITE AND/OR LINKED SERVICES OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIALS CONTAINED IN OR ACCESSED VIA THE WEBSITE AND/OR LINKED SERVICES, EVEN IF MOTORCITY CASINO HOTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Indemnity
You agree to indemnify, defend and hold harmless MotorCity Casino Hotel, its affiliates, successors, assigns, and their respective members, committee members, shareholders, officers, directors, employees and agents (the “MotorCity Casino Hotel Parties”) for, from, and against any claims, demands, obligations, liabilities, losses, costs, damages, fines, and expenses, including reasonable attorneys' and consultants' fees and court costs, made against any of the MotorCity Casino Hotel Parties by any third party due to or arising out of or in connection with your access to and/or use of the Website and/or Linked Services and access by others to the Website and/or Linked Services through your Club Metro web account and/or device and/or computer.
Disputes
YOU AND MOTORCITY CASINO HOTEL AGREE THAT IN THE EVENT OF ANY CLAIM, DISPUTE, CONTROVERSY, OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE WEBSITE AND/OR LINKED SERVICES, OR THE BREACH, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THESE TERMS OF USE, SUCH CLAIM, DISPUTE, CONTROVERSY, OR CAUSE OF ACTION WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS OF USE. NOTWITHSTANDING THE FOREGOING: (I) IN LIEU OF ARBITRATION, EITHER YOU OR MOTORCITY CASINO HOTEL CAN BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IN WAYNE COUNTY, MICHIGAN CONSISTENT WITH APPLICABLE JURISDICTIONAL AND MONETARY LIMITS, PROVIDED THAT IT IS BROUGHT AND MAINTAINED AS AN INDIVIDUAL CLAIM; AND (II) YOU AGREE THAT YOU OR MOTORCITY CASINO HOTEL MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
If you intend to seek arbitration you must first send written notice (“Notice”), by first class or certified mail, to Legal Department, MotorCity Casino Hotel, 2901 Grand River Avenue, Detroit, MI 48201. If MotorCity Casino Hotel intends to seek arbitration, MotorCity Casino Hotel will send a Notice to you at your most current address known to MotorCity Casino Hotel. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties do not reach a mutually acceptable resolution of the matter within thirty (30) days from the receipt of the Notice, either party may initiate arbitration proceedings.
The party who initiates arbitration will pay all filing, administration, and arbitrator fees.
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE AND/OR LINKED SERVICES AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS OF USE, INCLUDING ALL CLAIMS, DISPUTES, CONTROVERSIES, OR CAUSES OF ACTION WILL BE GOVERNED BY THE LAWS OF THE FEDERAL ARBITRATION ACT, THE APPLICABLE LAWS OF THE UNITED STATES OF AMERICA, AND THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO MICHIGAN’S CHOICE OF LAW PRINCIPLES. UNLESS YOU AND MOTORCITY CASINO HOTEL AGREE OTHERWISE, IN THE EVENT THAT IT IS DETERMINED, OR THESE TERMS OF USE PROVIDE THAT, A CLAIM, DISPUTE, CONTROVERSY, OR CAUSE OF ACTION SHOULD NOT PROCEED THROUGH ARBITRATION, YOU AGREE THAT ANY SUCH CLAIM, DISPUTE, CONTROVERSY, OR CAUSE OF ACTION (WITH THE EXCEPTION OF A CLAIM, DISPUTE, CONTROVERSY, OR CAUSE OF ACTION APPROPRIATELY LODGED IN SMALL CLAIMS COURT IN WAYNE COUNTY, MICHIGAN) SHALL BE RESOLVED EXCLUSIVELY IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION, OR IF SUCH COURT LACKS SUBJECT MATTER JURISDICTION, IN THE CIRCUIT COURT OR DISTRICT COURT OF WAYNE COUNTY, MICHIGAN, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS. YOU AND MOTORCITY CASINO HOTEL BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE. ANY CLAIM, DISPUTE, OR CONTROVERSY BY YOU MUST BE INITIATED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION GIVING RISE TO THE CLAIM, DISPUTE, OR CONTROVERSY ARISES, EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS RENDERED UNENFORCEABLE UNDER APPLICABLE LAW.
THE MAKING OF CLAIMS OR RESOLUTION OF CLAIMS, DISPUTES, CONTROVERSIES, OR CAUSES OF ACTION PURSUANT TO THESE TERMS OF USE SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (I) ANY AND ALL DISPUTES, CLAIMS, CONTROVERSIES, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE WEBSITE, LINKED SERVICES, AND/OR THESE TERMS OF USE WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS DISPUTES SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR MASS ACTION; AND, (II) EXCEPT WHERE OTHERWISE PROHIBITED BY LAW, IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.
Failure to Abide by These Terms of Use
MotorCity Casino Hotel may, in our sole discretion, issue you a warning, suspend your use, or terminate your use of your Club Metro web account, without notice to you (as applicable), and refuse to provide any services to you, whether or not related to your use of the Website, if you breach these Terms of Use, or if MotorCity Casino Hotel is unable to verify or authenticate any information that you provide or if we believe your actions through the Website may cause a loss or legal liability for you, MotorCity Casino Hotel’s other guests or users, or MotorCity Casino Hotel. You agree that MotorCity Casino Hotel shall not be liable to you or any third party for any of the foregoing.
Governing Law
These Terms of Use shall be governed by and construed under and pursuant to the laws of the State of Michigan, without regard to Michigan’s conflicts of laws principles.
Invalidity
These Terms of Use constitute the entire agreement between MotorCity Casino Hotel and you. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which remainder shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Copyright, Digital Millennium Copyright Act (DMCA) Notices
MotorCity Hotel Casino takes all concerns related to copyright infringement very seriously. If you believe that any Materials on the Website infringe any copyright please provide the following information to MotorCity Hotel Casino's DMCA Agent:
- A physical or electronic signature affirming that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works on the Website;
- Identification of the Materials that are claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that you have a good faith belief that use of the Materials in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide this information to MotorCity Hotel Casino's DMCA Agent, who can be reached as follows:
By Mail:
DMCA Agent -- MotorCity Hotel Casino
Legal Department
MotorCity Casino Hotel
2901 Grand River Avenue
Detroit, MI 48201
By E-Mail: MCCLegal@mccemail.com
Due to IT limitations, no attachments can be accepted on notices sent via e-mail. Accordingly, any notification of copyright infringement submitted electronically with an attachment may not be received or processed. You should only send notice of potential copyright infringement to our DMCA Agent. For all other inquiries (e.g., requests for technical assistance or customer service, reports of email abuse, and piracy reports), please contact us through our contact page.
Linking to the Website
Creating or maintaining any link from another website to any page on the Website without our prior written permission is prohibited. Running or displaying the Website or any material displayed on the Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Website must comply will all applicable laws, rules and regulations.