Bally’s Corporation has a strong commitment to providing excellent service to all of our customers, including respecting their concerns about privacy. We understand that visitors to our websites may have questions about whether and how this website collects and uses information.
Effective: October 4, 2021
- COLLECTION OF PERSONAL INFORMATION
When you interact with our Services, we collect information about you, which includes personal information. The term “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you, or the term may be defined under applicable privacy or data protection laws. We collect personal information:
- Directly from you when you provide it to us;
- Automatically from you and/or your device; and
- From other third-party sources.
Information You Provide to Us
We collect personal information that you provide to us when you register with or use the Services, which may include:
- Personal identifiers, such as your first name, last name, mailing and/or billing address, email address, social security number, Rewards number, date of birth, photo or government-issued identification card or number, and other similar identifiers;
- Demographic information, such as your age and/or gender;
- Commercial information, such as a credit or debit card number, bank account information, or other financial and/or billing information;
- User account information, such as your username and password;
- Purchase information, gaming information and other similar information,
- Information regarding your use of the Services;
- Information you voluntarily provide when you interact with the Services, such as through your Communications with us when you request customer support, or interactions with us via social networking sites.
- Information you provide to us about your friends or contacts, which may include their names and contact information.
We collect this personal information directly from you through our Services when, for example, you: register for an account through the Services; fill in forms through the Services; participate in surveys; make a purchase; provide feedback or otherwise contact us; sign up for email messages; sign up for our Rewards program; log in as a Rewards member; book a reservation; enter an online promotion; sign up or log in to play one of our free social games or the mobile applications; request information; submit an application for employment; apply for credit; when you talk to our employees or support staff; or otherwise interact with the Services.
Information We Collect Automatically
When you register with or use the Services, we receive and store personal information about you and information about your electronic devices (e.g., mobile phone, laptop computer, tablet, etc.) using technologies that automatically collect such data. Depending on your device’s operating system, we automatically collect the following categories of personal information:
- Device information, such as the electronic device’s unique device identifier, operating systems and versions, phone model, serial number, Internet Protocol (“IP”) address(es), domain from which you accessed the Services, and other similar information;
- Usage information, such as information about your interactions with the Services, including the dates and times you use the Services, how often you use the Services, in-game actions and achievements, the content you access or view through or in our Services, whether you view advertisements shown through the Services, and, if so, how many times you view the advertisements, and similar information;
- Location data, such as precise geolocation and/or location information we derive from your IP address or other device settings, which we collect to ensure you reside in a jurisdiction in which you are eligible for participating in our platform, to comply with relevant laws, and for fraud prevention purposes;
- Device event information, such as information about errors you encounter, including crash reports, request and referral URLs, and other details about whether you encountered an error using the Services or lost connections to the internet; and
Information We Collect From Other Sources
Depending on how you interact with the Services, we collect personal information about you from third-party sources, including:
- Advertising platforms and analytics providers with whom we partner may provide us with information about your interactions with the Services, including, for example, whether and how many times you may have viewed an advertisement, length of time the advertisement was visible, or other information about your interactions with the Services or advertising content.
- Third-party login platforms, such as when you choose to log into our Services using an existing account on a social networking site. We may collect, for example, your name and e-mail address associated with that social networking service, as well as any information you allow us to access.
Combining Personal Information
We may combine the personal information we receive from and about you, including information you provide to us and information we automatically collect through our Services, as well as information collected from other sources to, for example, provide you with a better user experience, to improve the quality and value of the Services, and to analyze how the Services are used.
- AUTOMATIC INFORMATION COLLECTION AND TRACKING TECHNOLOGIES
When you use our Services, we and our third-party partners collect information about you and your electronic device(s) through cookies and similar technologies:
- Advertising Identifiers: Our third-party advertising partners may use advertising identifiers, such as Apple’s Identifier for Advertising (“IDFA”) and Google’s Advertising Identifier (“AID”), which, similar to cookies, allow our third-party advertising partners to recognize your device when you interact with our Services and to provide you with advertisements that match your interests. You can reset your advertising identifiers at any time via the settings on your device, as described in Section 6 (“Your Choices”) below.
- Internet Log Files: We use internet log files, which contain data such as your IP address, in order to monitor traffic on our Services, resolve technical problems with the Services, detect and prevent fraud, and other similar purposes.
- Cache Data: A cache is a component of your device that transparently stores data for record-keeping purposes. Cache data does not identify users, but does identify your mobile device, including your location information. Most browsers and applications are initially set up to accept cache data. If you prefer, you can adjust the settings of your device so that it does not store this information while utilizing the Services. Certain application features may only be available through the collection of such data. We may use such data to assist in data collection and to track application usage and trends to help us better serve you. We also permit third parties who have entered into confidentiality agreements to access such data to help us monitor use of the Services for fraud or any other activity that does not comply with applicable laws.
We use our own as well as third party analytic technologies, which are integrated into our Services, to gather information about how you use our Services. These analytics technologies help us, for example, to measure and analyze events within our Services, improve your user experience, monitor the success of marketing campaigns, or to prevent mobile advertising fraud.
Some of the functions within the Services are provided, developed, or hosted by third parties that are not affiliated with the Company. These entities may process information automatically as you use the Services. These third parties include:
- Advertisers, ad networks, and advertising servers that serve behavioral advertisements;
- Analytics companies, which help us understand and measure how the Services are being used;
- Service providers we engage for administrative and support activities, such as customer support services or cloud storage providers.
The information these third parties collect may include personal information as well as information about your online activities over time and across different websites, applications, and other online services websites that are not affiliated with us. They may use this information to provide you with interest-based (e.g., behavioral) advertising or other targeted content.
- HOW WE USE YOUR PERSONAL INFORMATION
We may use the personal information about you for the following purposes:
- To operate our Rewards programs;
- To improve our websites;
- To track your use of our websites for our internal market research;
- To ask for your participation in our internal market research;
- To cash your checks, extend you credit, process credit card, ACH and/or other financial transactions;
- To contact you when necessary;
- For payment processing;
- To analyze fraud and credit risk;
- To set up your account, verify your identity, and provide you with our Services;
- To administer a contest, promotion, survey or other feature;
- To send periodic communications regarding new products, content, features and services including promotions and special offers regarding products and services provided by us or our affiliates or other associated third parties;
- To better tailor the Services to your interests, to provide you more efficient customer support, and to enhance the Services;
- To serve, facilitate, and measure the effectiveness of advertising by us and third-party partners;
- To authenticate your activity and save your progress and achievements on our Services;
- To provide access to certain functionalities and features of the Services;
- To follow up with you in correspondence in response to your inquiries, comments and suggestions;
- To prevent fraudulent or other criminal activity;
- To detect security incidents, protect against malicious, deceptive, or illegal activity;
- To enforce the Terms;
- To contact users for administrative purposes;
- To collect your location information including your geolocation records, for purposes of verifying whether you are eligible to participate in our Services and comply with our legal obligations, protect our legal rights, and address existing or anticipated disputes;
- For any other purpose disclosed to you at the time you provide personal information or with your consent; and
- As permitted or required by law or for compliance with legal and regulatory requirements.
We also may use anonymous and/or aggregate personal information for commercial, marketing, and/or business purposes, such as reporting and conducting research and development in order to enhance our existing Services and/or develop new products and Services. Anonymous or aggregated information does not identify you, and we may use or disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible manners. We may share this information internally and/or with third parties for our or their purposes in an anonymous or aggregated form that is designed to prevent anyone from identifying you. For clarity, we also share and disclose non-anonymized and non-aggregated personal information in accordance with Section 4 (“Disclosure of Your Personal Information”) below.
- DISCLOSURE OF YOUR PERSONAL INFORMATION
We may share your personal information with any member of our corporate group, which means our subsidiaries, our ultimate holding company and its direct and indirect subsidiaries, and affiliates (including our owned, operated, and managed casinos, online, mobile and web based businesses, and other corporate entities or affiliates). Doing so allows us to provide the products and services you have requested and quickly respond to applications for credit or other financial services. We may also disclose your Personal Information to our affiliates if you participate in our “self-exclusion” programs.
We also may share your personal information (from each category identified above) with selected third parties, including:
- Service Providers: We engage third parties to support our business and to, for example, provide you the Services we offer; conduct quality assurance testing; perform background checks, credit checks, or inquiries into your personal history; facilitate the creation of accounts; provide account authentication and user verification services; provide technical and customer support; geolocate users; personalize, customize, and improve your use and experience of the Services; process financial transactions; send email and push notifications; enable security support and technical maintenance; send you newsletters, surveys, messages, and promotional materials or prizes related the to the Services or on behalf of other companies; prevent harmful or unlawful uses of our Services, including fraud; and improve and optimize the performance of our Services.
- Advertisers and Advertising Networks: We engage certain third-party advertising partners that may require your personal information to select and serve relevant advertisements to you and others. These parties may use your personal information for purposes including, but not limited to:
- Help advertisers reach a particular demographic; and
- Enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
- Analytics and Search Engine Providers: We engage third parties that assist us in the improvement and optimization of the Services.
- Successors: We may provide personal information to a buyer or other successor in the event of a merger, acquisition, reorganization or sale of assets, in which case we may sell, transfer or otherwise share some or all of our assets, and your personal information may be transferred as part of that transaction.
- Where Legally Obligated: We may provide personal information to those to whom we are under a duty to disclose or share your personal information in order to comply with any legal obligation or legal request, such as a subpoena or court order, or in connection with required governmental filings or submissions (including but not limited to gaming regulators), or in order to enforce or apply our Terms, rules, and other agreements; or to protect the rights, property, or safety or the Website, our users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- Professional Financial and Legal Advisors: We may need to share personal information with our professional advisors, which includes lawyers, auditors, bankers, or other professional consultants for business purposes.
- SECURITY OF YOUR INFORMATION
The security of your personal information is important to us. The Company maintains commercially reasonable security safeguards that are designed to protect the personal information we collect against unauthorized access, use, disclosure, alteration, or destruction.
Despite the steps we take to protect your personal information, no method of transmission over the Internet or method of electronic storage is 100% secure. We cannot guarantee or warrant the security or integrity of your information and shall not be liable for breaches of security or integrity, third-party interception in transit, or any damage caused to your computer or other property by visiting our Services. If you have any questions about the security of our Services, you can contact us using the communication methods identified in Section 20 (“Contact Details”), below.
- YOUR CHOICES
You have certain choices regarding your personal information, including:
- Cookies: You may be able to disable cookies by adjusting the permissions on your device. Cookie settings vary depending on the type of device and operating system you use, so refer to instructions related to your particular device to learn more about cookie-related and other privacy and security settings that may be available. Please note that if you reject certain cookies, you may still use the Services, but your ability to use some features or areas may be limited.
- Advertising Identifiers: You may choose to prevent your mobile device’s advertising identifier from being used for interest-based advertising, or you may reset your device’s advertising identifier. These settings vary depending on the type of device you use. If you use Apple iOS, you can reset your advertising identifier by going to: Settings > Privacy, tap Advertising, and then tap “Reset Advertising Identifier.” If you use an Android device, you can head to: Settings > Google > Ads > Reset advertising ID, and click “OK” when prompted.
- Push Notifications: You can opt not to receive push notifications from our Services by following the instructions in your mobile application or device settings.
- Rewards Customers: If you are a Rewards customer and prefer we not share your Personal Information with our joint marketing partners, please visit the Players Club booth and speak to a customer service representative.
- Updating Your Personal Information: You may update your personal information by visiting the players club at the property or by requesting changes by e-mailing us at accountUpdates@ballys.com.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. Some of these third parties may participate in the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising, which you can learn more about by visiting their website detailing choices for mobile applications. Some of these third parties also may be members of the Network Advertising Initiative (“NAI”), and you can learn about your opt-out options from members by visiting NAI’s website.
- THIRD-PARTY PLATFORMS
- THIRD-PARTY PAYMENT PROCESSING
In the event that as part of a promotion, we offer the award of a financial payment based on your use of the Services, we may process the payments through a third-party website, including, but not limited to, third-party payment processors. The third-party website may collect certain financial information from you in order to process a payment, including your name, email address, address and other financial information. In order to delete your financial information, you may need to do so with the third party, as we only have minimal secure access to those records as needed to provide the Services.
The Services are not directed toward children under the age of 18 or the legal gaming age in the jurisdiction from which they access the Services (“Children” or “Child”) and we do not knowingly collect personal information from Children. The Services are only to be used by those age 21 or older, please to not attempt to register for the Services or send any personal information about yourself to us if younger. Persons younger than 21 or the legal gaming age in the jurisdiction from which they access the Services are not allowed to use our websites or mobile applications, accept offers, or win contests, and we do not knowingly collect information from such persons for gaming-related offers. If we learn that a Child has provided us with personal information, we will delete such information from our files as quickly as possible. If you are the parent or legal guardian of a Child who you believe has provided personal information to us through the Services, please contact us at ContactUs@ballys.com.
- INTERNATIONAL HOSTING OF INFORMATION
- RETENTION OF INFORMATION
Upon termination of your use of the Services, we reserve the right to maintain your personal information as part of our standard back-up procedures in an aggregated format. When personal information is no longer required, we will utilize procedures to destroy, delete, erase or convert it to an anonymous form.
- FOR CALIFORNIA RESIDENTS
If you are a resident of California, the California Consumer Privacy Act (“CCPA”) and “Shine the Light” laws provide you with additional rights regarding your personal information.
CCPA Privacy Rights
Under the CCPA, eligible California residents have the following rights, which can be exercised directly or in certain cases, through an authorized agent (as discussed below in the “How to Exercise Your CCPA Rights” subsection):
- Right to Access Specific Information: You may request the specific pieces of personal information that we have collected about you over the twelve (12) months preceding your request.
- Right to Know about our Collection and Disclosure Practices: You may request that we describe the categories of personal information we have collected about you, the categories of sources from which the personal information is collected, the categories of personal information that we have sold or disclosed for a business purpose about you, the categories of third parties to whom the personal information was sold or disclosed for a business purpose, and the business or commercial purpose for collecting or selling the personal information.
- Right to Delete: You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions such as data that has been anonymized, aggregated, or in backup data.
- Right to Opt Out of Sales of Personal Information: California residents have the right to opt out of the sale of their personal information, and to request information about whether we have sold their personal information in the past twelve (12) months. Further information regarding our sales of personal information is described below.
- Right to Non-Discrimination. We will not discriminate against you because you exercise any rights under the CCPA or applicable law, including by denying you Services, providing you a different level of Services, or suggesting that you will receive a different level or quality of goods or services.
How to Exercise Your CCPA Rights
To exercise the rights described above, please submit a request to us by:
- Contacting us by e-mail at CCPA@Ballys.com
- Calling us at 1-833-576-0832
Before we can process your request, we must be able to verify your identity as the owner of the account and/or personal information you are inquiring about. We will not be able to fulfill your request until we can do so. In general, we verify your identity by confirming that you are the owner of the e-mail address associated with the account, but the data we request from you during the verification process will depend on the nature of your request (e.g., whether you are seeking access to specific pieces of personal information or requesting deletion of personal information).
PLEASE PROVIDE THE FOLLOWING WHEN MAKING YOUR REQUEST:
- Identify the type of request(s) you wish to make (e.g., “Right to Access Specific Information,” “Right to Delete,” etc.);
- Provide your: (1) full name, (2) physical address (3) e-mail address, (4) username.
When we receive your request, we also may contact you via e-mail, telephone, and/or other secured communication channels to verify your identity. Where you request access to the specific pieces of personal information we hold about you or deletion of your personal information, we may ask you to sign a declaration under penalty of perjury that you are the user whose personal information is the subject of the request.
Exercising CCPA Rights for Someone Else
In order to designate someone to act on your behalf (i.e., an authorized agent), we must verify your identity and your agent’s identity. We also collect proof that your agent is authorized to make a request on your behalf through a signed written authorization and proof that the agent has power of attorney or is otherwise registered with the California Secretary of State. Absent such documentation, we reserve the right to refuse to comply with third-party requests for information.
Response Timing for CCPA Requests
We aim to respond to a verifiable consumer request within forty-five (45) days of its receipt. When additional time is needed, we may take up to an additional forty-five (45) days (for a maximum total of 90 days) to comply with the request, and we will inform you of the reason(s) why the extension is necessary within the first forty-five (45) days of receiving your request.
Sales of Personal Information
We may have sold or disclosed for valuable consideration certain categories of your personal information to our corporate affiliates (e.g., Bally’s corporate entities) and to select third-party business partners (e.g., our third-party promotional partners, entities that refer you to our Services, and other business partners). The categories of personal information we disclose to these third parties may include your personal identifiers, user account information, information regarding the products or Services purchased, obtained, or considered, internet usage information, and other information you provide when you interact with the Services. To exercise your right to opt-out of the sale of your personal information to our corporate affiliates and third-party partners, please follow the instructions identified in the “How to Exercise Your CCPA Rights” subsection above.
Like many organizations, we engage services that deliver interest-based advertisements to you. In order to deliver these advertisements to you, we may make available or transfer your personal information (e.g., internet usage information, such as browsing history, online identifiers, such as an IP address or data generated from cookies or similar technologies) to our marketing partners (e.g., entities that perform advertising or analytics services). To the extent that the term “sale” under the CCPA is interpreted to cover such advertising and analytics practices, you may request to opt out by following the instructions identified in the “How to Exercise Your CCPA Rights” subsection above. You also may adjust your device or browser’s settings to limit how your internet usage data and device data is shared with third parties. Please refer to the “Your Choices” section for references to some tools for adjusting your preferences.
Shine the Light
Under California’s “Shine the Light” law, California residents have the right to opt out of disclosing personal information to third parties for the purposes of allowing such third parties to directly market their products and services. If you wish to opt out, you may do so by e-mailing us at ContactUs@ballys.com or by contacting us using the contact information in Section 15 (“Contact Details”) below.
- FOR CANADIAN RESIDENTS
Use of Foreign Service Providers
We may collect, process, and store your personal information through the use of service providers located in a foreign countries, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of those countries may be able to obtain access to your personal information through the laws of the applicable foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this policy and applicable Canadian privacy legislation.
Please contact us at the address listed below if you would like to receive more information about our policies and practices regarding the use of service providers located outside of Canada.
Accessing and Correcting Your Personal Information
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to supplement or correct any personal information that we hold about you that you can demonstrate is incomplete or incorrect.
If you want to review, verify, supplement, or correct your personal information you may also send us an email at the address listed below to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a reasonable fee to access your personal information, however, we will notify you of any fee in advance.
We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
We will provide access to your personal information, subject to exceptions set out in applicable Canadian privacy legislation. Examples of such exceptions include:
Information protected by solicitor-client privilege.
Information that is part of a formal dispute resolution process.
Information that is about another individual that would reveal their personal information or confidential commercial information.
If you are concerned about our response or would like to correct the information provided, you may contact us at the address listed below.
Withdrawing Your Consent
Where you have provided your consent to the collection, use, and transfer of your personal information, you have the legal right to withdraw your consent on reasonable notice under certain circumstances. To withdraw your consent, if applicable, contact us at the address listed below. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.
- VIDEO SURVEILLANCE
If applicable, we use surveillance systems to monitor all public or sensitive areas of our properties. Video surveillance cameras are used for security purposes and to protect the Company, our customers, and employees against potential violations of criminal or civil laws. Surveillance camera output is monitored by our employees and contractors and may be viewed by law enforcement and regulatory authorities.
- UNSUBSCRIBING FROM EMAIL
If you are a customer and would prefer not to receive further emails from us, please follow the unsubscribe link in the email.
- OPTING OUT OF DIRECT MAIL POLICY
We may from time to time send promotional materials to you by direct mail. If you do not want to receive promotional materials by direct mail from us, please email email@example.com, notating you wish to be removed from direct mail. Include your player identification number, if available, along with your name. Your name and address will be removed from that mailing list within 30 days after your request.
- YOUR CHOICE TO SHARE INFORMATION
If you are a member of any loyalty program offered by Bally’s Corporation and prefer that we not share your Personal Information with our Joint Marketing Partners, please visit the Players Club booth and speak to a customer service representative.
- RESPONSIBLE GAMING
Bally’s Corporation takes responsible gaming very seriously. Our Responsible Gaming Policy can be found here: http://www.twinriver.com/responsible-gambling/
- CONTACT DETAILS
- Contact us by e-mail at: ContactUs@ballys.com
- Write to us at: 100 Westminster Street, Providence, RI 02903
1. Acceptance: This purchase order becomes a binding contract between Buyer and Seller when accepted and acknowledged in writing by Seller or upon Sellers’ delivery of goods or performance of services hereunder. Acceptance of this purchase order is expressly limited to the terms and conditions set forth herein and on the reverse side hereof. Buyer shall have no obligation to pay for any goods or services until a correct invoice for the goods or services item is received at the “Bill To” address shown on the face of this purchase order. Payment terms commence upon receipt of a correct invoice. Invoicing for goods or services received must include reference to the purchase order number.
2. Complete Agreement: This purchase order, including the terms and conditions on the face and reverse side and any attachments hereto, contains the complete, exclusive and final agreement between Buyer and Seller and supersedes all proposals or prior agreements, oral or written. Reference to Seller’s bid or proposal, if noted on this purchase order, shall not affect terms and conditions hereof, unless specifically provided to the contrary herein. If Seller provides Buyer any document or order form that contains terms contrary or inconsistent with those set forth herein, the provisions of this purchase order shall control and prevail. This purchase order may not be varied, modified, changed or supplemented in any way, unless the change is incorporated into a written change order signed by an authorized representative of Buyer. Execution of change by the Seller will evidence acceptance.
3. Inspection: Notwithstanding payment or prior inspection, all goods shall be subject to inspection and approval upon a reasonable time after delivery. If specifications are not met, the goods may be returned at Seller’s expense and risk for all damages incidental to the rejection.
4. Substitutions: No substitutions shall be allowed unless expressly permitted by Buyer.
5. Warranty: Seller warrants title to all goods sold and services supplied shall be good and marketable and that goods shall be delivered free from any security interests, liens, and encumbrances. Seller expressly warrants that all goods, services, and labor will in all respects conform to applicable specifications, drawings, samples or other descriptions and be of good quality, material, workmanship and free of defects. Seller warrants that goods shall be merchantable and fit for the particular purpose to which Buyer intends to put them. These warranties shall be in addition to any express warranties made by Seller, any implied warranties made, any warranties deemed made pursuant to any federal or state law, and shall survive any inspection, delivery, and acceptance of payment. Time is of the essence to delivery and other performance required of Seller.
6. Warranty against Infringement: Seller warrants that the sale or use of goods of Seller’s design or patents covered by the purchase order either alone, or in combination with other materials, will not infringe or contribute to the infringement of any patents or trademarks or copyrights.
7. Packing: Each package shall contain an itemized packing slip with purchase order number and be properly prepared for shipment so as to meet carrier’s requirements unless otherwise specified in purchase order. No additional charges will be allowed Seller for packing, breaking, freight, express, cartage or insurance unless stated in the purchase order.
8. Compliance with Law: The performance of this purchase order by Seller shall be subject in all respects to and in compliance with all applicable federal, state and local laws, regulations and orders which now govern or may hereafter govern the manufacture, sale or delivery of the goods covered or services provided pursuant to this purchase order. Seller warrants that they have obtained or will obtain all licenses, permits and similar approvals required to manufacture, sell, deliver and, if applicable, install the goods and perform the services covered under the purchase order. Seller shall furnish a copy of such licenses, permits etc. to Buyer’s Compliance Department. Seller shall also comply with all safety rules and regulations prescribed by Buyer for any of Buyer’s premises at which goods will be delivered or services performed, and certifies to Buyer that Seller’s facilities and procedures comply with all applicable occupational, safety and health, and right-to-know rules and regulations, and Seller’s employees are properly trained as required by applicable law. Seller is solely responsible for determining the extent of any hazard involved in delivering the goods or performing the services and for providing its employees and agents with a safe place to work and pertinent safety information and equipment.
9. Indemnity: Seller shall defend, protect, indemnify and hold harmless Buyer, its parent, subsidiaries and affiliated entities, and their respective officers, directors, employees, agents, underwriters, insurers, lenders involved with the project, successors and assigns (collectively “Buyer Group”) from and against any and all claims, demands and causes of action of any kind, including damages arising from personal injury or death and damage to real or personal property, and costs and expenses including attorney fees and costs of investigation and suit, arising directly or indirectly from the performance of work under this agreement by Seller, its employees, agents, or third parties brought on to the premises by Seller (collectively “Seller Group”), any alleged or actual breach thereof by Seller Group, or from any act or omission of Seller Group. Seller shall defend, protect, indemnify and hold harmless the Buyer Group notwithstanding the simple, gross, sole, joint or concurrent negligence of the Buyer Group and regardless of whether liability is due to strict liability, liability imposed by statute, defects in premises or equipment, or any other event or condition, regardless of whether it preexisted this agreement. In no event whatsoever shall Buyer be liable to Seller for any incidental or consequential damages, lost profits or punitive damages. This section shall survive termination of this purchase order.
10. Insurance: No performance under this purchase order shall begin until all required insurance referred to herein has been obtained by the Seller, and evidence thereof provided to Buyer. Seller shall secure, pay for and maintain the following insurance policies in full force and effect during the term of the agreement:
(a) Property Insurance covering all property used on Buyer’s Premises. Buyer bears no responsibility for any property of Seller, and Seller and its property insurance carrier agree to waive their rights to subrogate against Buyer in event of loss.
(b) Workers’ Compensation insurance coverage, subject to a limit of no less than $500,000 each employee,$500,000 each accident and disease and $500,000 policy limit.
(c) Commercial General Liability Insurance with limits not less than $1,000,000 per occurrence Bodily Injury and Property Damage combined, $1,000,000 per occurrence Personal and Advertising Injury, $2,000,000 Aggregate Products and Completed Operations Liability, including coverage for premises-operations and contractual liability, and $2,000,000 General Aggregate limit per location.
(d) Business Automobile Liability Insurance for Bodily Injury and Property Damage with combined single limits each accident not less than $1,000,000 combined and covering all owned, non-owned and hired vehicles.
(e) Upon request, Umbrella Coverage, in excess of General Liability and Automobile Liability and Employer’s Liability, of $5,000,000 (or some higher minimum limit based upon the type of Service and at the sole discretion of Buyer).
The liability policies shall be written on an occurrence basis with no deductible. The liability policies shall be endorsed to name Buyer, and its respective successors and assigns as Additional Insured and waiving all rights of subrogation. The definition of “Additional Insured” shall include Partners, Officers, Directors, Employees, Agents and Representatives of the named entities including any managing agent. Further, coverage for the “Additional Insured” shall apply on a primary basis, regardless of any other insurance, whether collectible or not. All policies noted above shall be written with insurance companies licensed to do business in the state where the Buyer’s premises are located and rated no lower than A 10 in the most current edition of A.M. Best’s Property-Casualty Key Rating Guide. All policies shall be endorsed to provide that in the event of cancellation, nonrenewal or material modification, Buyer shall receive thirty (30) days’ written notice. Seller shall furnish Buyer with certificates of insurance evidencing compliance with all insurance provisions noted herein prior to any services being performed, and shall provide Buyer with a certified copy of the above policies if so requested. All certificates or policy termination notices shall be delivered to: Craig L. Eaton, Esq., Executive Vice President and General Counsel, Twin River Management Group, Inc., 100 Twin River Road, Lincoln, RI 02865. All such insurance shall insure performance by Seller of the indemnity provisions of this purchase order but does not limit Seller’s obligation to indemnify.
11. Termination for Default: If Seller fails to comply with any material provisions of this purchase order, and such failure is deemed significant by Buyer in the exercise of its judgment, Buyer shall have the right to terminate further performance of this purchase order by Seller upon such notice, if any, to Seller as Buyer deems appropriate. In such circumstance, Buyer shall have no liability to Seller as a result of such termination.
12. No Assignment: Seller shall not assign this purchase order without the prior written consent of Buyer.
13. Governing Law: This purchase order shall be governed in accordance with the laws of the state where Buyer’s premises are located. The parties submit to the exclusive jurisdiction and venue of the state and federal courts in such state. The enumeration of certain rights does not exclude others which may be given by law.
14. Equal Employment Opportunity: Incorporated into the purchase order are the provisions of Executive Order 11246 (as amended) and the rules and regulations issued pursuant thereto with which the Seller represents the Seller will comply, unless exempt.
15. Wages and Hours: Seller warrants that in the performance of this order Seller has complied with all of the provisions of the Fair Labor Standards Act of 1938 of the United States, as amended.
16. License: If any software is necessary to operate the goods, Seller hereby grants to Buyer a perpetual, irrevocable and transferable license to use such software and any accompanying manuals. Seller shall provide Buyer with any updates, changes or modification to such software and user manuals at no additional charge than what, if any, is reflected on the purchase order. Seller warrants that the Seller has the right, title and authority to license any such software and that such software does not infringe on any other part, copyright, patent, trade secret or other intellectual property rights.
17. Cancellation: The Buyer may cancel this purchase order at any time upon written notice to the Seller without cost to the Buyer if a petition is filed by or against the Seller under the bankruptcy laws of the United States, or the Seller makes a general assignment for the benefit of their creditors, or if the Seller fails to meet their current obligations as they fall due, or if a receiver is appointed for any of the property of the Seller, or if the Seller fails to comply with any provisions of the General Terms and Conditions of the purchase order.
18. Independent Contractor: If labor services, as distinguished from goods, are covered by the purchase order, then it is understood and agreed that this is not a contract of employment, but in so far as the performance of services or labor ordered is concerned, Seller is an independent contractor. Seller shall have full control of the work and installation services, including the duty to supervise all workers and comply with all the laws and regulations concerning their work.
19. Patent and Trademark Indemnity: Seller agrees, at its own expense, to defend any suit or actions against Buyer, or against those selling or using the goods covered by this purchase order, for alleged infringement of invention or trademark rights arising from the sale or use of said goods, and to indemnify and save Buyer harmless from any loss, liability, cost and expenses paid or incurred by Buyer in connection with any suit or action, whether against Buyer or against those selling or using the goods covered by this purchase order.
20. Transportation Charges: Freight or express charges must be prepaid by the Seller when price is F.O.B. destination. Seller must pay transportation charges to and from destination on rejected goods.
21. Taxes: Seller shall pay all governmental taxes, excises, and/or any other charges (except taxes on or measured by net income) that Buyer may be required to pay with respect to production, sale of, transportation of any goods delivered hereunder, except if and as so noted to this purchase order.
22. Services in Facility: In the event Seller performs any work or services for Buyer in its facility, Seller shall only allow employees who have reached the legal age to be present within the facility.
23. Confidentiality: The terms and existence of this purchase order and everything supplied in connection with it by Buyer shall be held in confidence by Seller. Seller shall not publicly announce or disclose this purchase order or its contents without Buyer’s prior written consent. Seller shall not use Buyer’s name in any way, including without limitation a general or sample listing of Seller’s customers, without Buyer’s prior written consent. Any violation of this paragraph shall be deemed a material breach.
24. Force Majeure: Neither party shall be liable for failure to perform hereunder due to an act of God, weather, disasters such as floods, earthquakes, hurricanes, epidemics, or pandemics, government action or prohibitive governmental regulation, national or state emergency orders, quarantines, riot, war, strike, labor disturbance, civil disorder, terrorism, vandalism, or other cause beyond that party’s reasonable control.
25. General: The invalidity of any provision of this purchase order, as determined by a court or governmental body of appropriate jurisdiction, shall not impair the validity of any other provisions. No waiver by Buyer of any breach of any term, covenant or condition contained herein shall be deemed a waiver of the same, or any subsequent breach of the same, or any other term, covenant or condition. No term, covenant or condition of this purchase order shall be deemed waived by Buyer unless waived in writing and signed by the duly authorized officer of Buyer.