Last updated May 26, 2020
YOU MUST BE PHYSICALLY LOCATED IN THE STATE OF COLORADO TO USE THE SKY UTE SPORTSBOOK. HOWEVER, REGARDLESS OF WHERE YOU ARE LOCATED, THIS AGREEMENT IS SUBJECT TO THE LAWS, RULES, AND REGULATIONS OF THE SOUTHERN UTE INDIAN TRIBE. NO BET WILL BE CONSIDERED TO HAVE TAKEN PLACE UNTIL IT IS ACCEPTED BY SKY UTE ON THE SOUTHERN UTE INDIAN RESERVATION AND YOU HAVE RECEIVED A CONFIRMATION OF THE TRANSACTION.
THE SKY UTE CASINO RESORT
Welcome to the Sky Ute Casino Resort (“Sky Ute” or “We”). The Sky Ute Casino Resort is an arm of the Southern Ute Indian Tribe (the “Tribe”), a federally recognized Tribe located on the Southern Ute Indian Reservation (the “Reservation”) within the exterior boundaries of the State of Colorado.
We have been offering gaming on the Reservation within Colorado since 1993. With Colorado having legalized sports betting and internet sports betting effective May 1, 2020, we look forward to being your source for sports betting within the state.
The Tribe is a sovereign entity and has its own laws, rules and regulations. That includes with respect to gaming, in general, and sports betting, in particular. When you use the Sky Ute services when engaging in sports betting, wherever you are located, the laws, rules and regulations of the Tribe apply. In addition, no bet will be deemed to have taken place until it has been received by Sky Ute on the Reservation on its servers and accepted, as reflected in a confirmation received by you from Sky Ute of the transaction.
ACCEPTANCE OF TERMS OF SERVICE
This page describes our current Terms and notes at the top of the page the date they were “Last Updated” and became effective. We may update or change them from time to time, at our sole discretion, and without prior notice to you. Thus, please review the Terms and Rules periodically to learn of any changes.
Your continued use of our Services, after the posting of any changes, constitutes your binding acceptance of the changes. If any change is unacceptable to you, you may either cease using our Services and/or close your sports wagering account (if any).
DESCRIPTION OF OUR SERVICES
We offer sports wagering Content (as defined below), fixed odds sports betting propositions and Sports Betting Accounts (as defined by the Southern Ute Division of Gaming ), through a network of third-party providers. The term “Content” means, but is not limited to, sports betting propositions, promotions, contests, odds, lines, news, other reports, data, graphics, text, visual interface, and information, displayed in the physical SportsBook, on our Website and/or the sports wagering App.
OPENING A SKY UTE SPORTS WAGERING ACCOUNT
To participate in account wagering you must first access the Sky Ute Sports Betting Platform located on the Reservation using your mobile device and open an account with us, which is available and at our SportsBook. Opening an account includes providing certain personally identifying information as required by law so as to establish, among other things, your age and location of residence. It also involves accepting the Terms of this Agreement. An Account will not become active, and a player’s application to open a Player Account will not be accepted, until the full procedure mandated by Sky Ute’s rules is complete. In verifying your personally identifying information, we will have to share it with third parties so that you may open a wagering account. You agree that we may do so and you expressly release us from liability for doing so. Once your account information is verified, you will be able to fund your wagering account. Once your sports wagering account is funded, you will be able to place bets on our mobile app or online.
ACCOUNT WAGERING ON YOUR WIRELESS DEVICE
When you open an account, we will also give you instructions on how to download the App for your mobile phone or tablet from the Sky Ute website or one of the participating App stores such as Apple®. After you install the Sky Ute sports wagering App, and accept our Terms and Rules, you will be able to bet on sporting events on your wireless device or desktop using the Sky Ute sports betting App which will process your bet and deduct the funds from your account, provided you place your wagers from within the State of Colorado, currently excluding those lands within the Ute Mountain Ute Indian Reservation.
Upon accessing your Sky Ute sports wagering account, you warrant that: (i) you understand and accept the risk that, by using our services and content, you may, as well as winning money, lose money, (ii) you satisfy the Age Requirements, (iii) you are legally able to enter into contracts, (iv) you are not a person barred from receiving our Services and/or using our Content, under applicable law, and (v) you are the rightful owner of the money which you at any time deposit in or withdraw from your account.
Betting on sporting events is an adult recreational form of entertainment. We do not market or advertise our Services to persons under the age of 21. By using our services, you certify that you are at least 21 years of age. If you are younger than 21 years of age, you are prohibited from accessing or using any of our Services and our Content and may not: (i) submit information to the website, (ii) purchase any goods or services from us, (iii) establish any account with us, or (d) access or attempt to access any password-restricted information contained on our website, or any sports wagering account.
PARENTS OR GUARDIANS OF CHILDREN
Persons under 21 years of age are prohibited from using our Services and our Content. We do not knowingly collect or maintain personal information from persons under 21 years of age. If we learn that personal information of persons who are under 21 has been collected on our Services, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child has submitted information for and/or obtained a sports wagering account, you may contact us at email@example.com and request that we remove his or her information from our systems and close the account, if any.
VERIFICATION OF YOUR IDENTITY; ACCURATE INFORMATION
You agree to provide true, accurate, current and complete information to us, and represent and warrant that the name and address, and all other information that you supply when opening a sports wagering account, and anytime thereafter, is true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse or limit access to, suspend or terminate your account, without prior notice to you, and to refuse any and all current or future use of our Services.
ACCOUNT NUMBER AND PASSWORD SECURITY
You are responsible for maintaining the confidentiality of your account number and password and for restricting access to your sports wagering account. You agree to take all reasonable steps to avoid disclosing (whether deliberately or accidentally) your account number and password to anyone and accept full responsibility for all activities and transactions that occur under your sports wagering account, whether or not authorized by you.
You also agree to (i) immediately notify us by email at firstname.lastname@example.org of any unauthorized use of your sports wagering account or password, or any other breach of security, and (ii) ensure that you exit from your sports wagering account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
CONSENT TO TRACK LOCATION OF YOUR WIRELESS DEVICE.
To participate in mobile account wagering on your wireless device you must have a wireless device that is compatible with the Sky Ute App. We do not represent or warrant that the Sky Ute App will be compatible with your wireless device.
Enabling Your Device
The Sky Ute App must access GPS and other location information associated with your wireless device. You agree to enable your wireless device to allow us to access your wireless device’s location information from time to time, and consent to us verifying your location using GPS or other location technologies.
The Wireless Carrier owns location-based information. By entering into this Agreement, you acknowledge and agree that the location of your wireless device is information that is owned by your wireless carrier; and you have no expectation of privacy when using your sports wagering account as it relates to identifying the location of your wireless device.
CONSENT TO COLLECTION, USE, AND DISCLOSURE OF YOUR LOCATION, PERSONAL & NON-PERSONAL INFORMATION
Collection, Use and Disclosure of Personal and other Non-Personal Information
INFORMATIONAL PURPOSES ONLY
ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH THE SKY UTE APP ARE UNOFFICIAL AND OFFERED FOR INFORMATIONAL PURPOSES ONLY. While we, and the third parties used to provide our Services (“Third Party Providers”), use reasonable efforts to include accurate and up-to-date information, neither we nor our Third Party Providers warrant or make any representations of any kind with respect to the information provided to you through our Services. You agree that we, as well as our Third-Party Providers, shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via our Services and shall not be responsible or liable for any error or omissions in that information.
SKY UTE’S PROPRIETARY RIGHTS
We Own Sky Ute’s Materials. You acknowledge and agree that our Website, the Sky Ute App, Sky Ute sports wagering accounts, and/or Services contain proprietary and confidential information, including, but not limited to: (i) Content (e.g., sports wagering opportunities, promotions, contests, odds, lines, news, other reports, data, graphics, text, the selection thereof, visual interfaces, information), and (ii) alerts, (iii) computer code, (iv) software, (v) software compilations, (vi) underlying source code, (vii) products including wireless device applications, and (viii) services, (all of which are collectively referred to as Sky Ute’s Materials” or “Materials”), which are subject to copyright and other proprietary rights which are either owned by us, or used by us under license from third-party rights owners.
INTELLECTUAL PROPERTY RIGHTS AND SKY UTE MARKS
You agree that all intellectual property rights in our trademarks, trade names, service marks and other Sky Ute logos and brand features, and product and service names and trademarks (“Sky Ute Marks”) vest in us and/or third-party licensors. You agree not to display, use or reproduce, in any manner, the Sky Ute Marks without our prior written consent. Under no circumstances shall the use of our Services or Materials grant to you any interest in any intellectual property rights (for example, copyright, know-how or trademarks) owned by us or by any third party whatsoever, other than a personal, non-exclusive, non-sub-licensable license to use such intellectual property rights in connection with your personal, non-transferable, revocable, non-commercial use of our Services and Materials pursuant to the Terms.
Except as expressly permitted by applicable law or as authorized by us or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on our Services, or Materials, and such Content or the software, in whole or in part.
THIRD-PARTY INTELLECTUAL INFRINGHEMENT CLAIMS
You acknowledge and agree that, in the event of any third-party claim that the Sky Ute App in your possession infringes that third party’s intellectual property rights, we (not the Sky Ute App Distributors) shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that you will comply with applicable tribal, state, federal, and international laws when using our Website, the Sky Ute App, the Sky Ute sports wagering account, and any Sky Ute Materials and Services. You further represent and warrant that: (i) you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Additionally, you acknowledge and agree to comply with any terms, rules and/or policies that may be incorporated into this Agreement, as well as your agreements with your wireless carriers, the Sky Ute App Distributors (such as, and/or including but not limited to Apple®) and other third parties. You will be responsible for any cost and expenses incurred by us (including attorneys’ fees) as a result of your misuse or use.
PROHIBITED USER CONDUCT
YOU REPRESENT AND WARRANT THAT YOU WILL NOT, NOR WILL YOU ALLOW, OR ASSIST OTHERS TO:
Access the restricted areas of the Sky Ute Materials if you are under the age of 21 years old;
Access, reproduce, duplicate, copy, sell, trade, resell, or use the Sky Ute Materials or Services for any commercial or non-private use, it being understood that Sky Ute Materials and Services are for personal, non-commercial use only;
Access or use the Sky Ute Materials or Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, rights of publicity, and import or export control;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website or the Sky Ute sports wagering account of other users;
Sell or transfer or allow another person to access your account password or profile for the Sky Ute sports wagering account; nor
Use any wireless device or access your Sky Ute sports wagering account in a manner inconsistent with or in violation of this Agreement.
VIRUSES, HACKING & OTHER OFFENSES
YOU REPRESENT AND WARRANT THAT YOU WILL NOT, NOR WILL YOU ALLOW, OR ASSIST OTHERS TO:
Attempt to or remove, circumvent, disable, damage, override or otherwise interfere with security related features of or related to the Sky Ute Materials or features that prevent or restrict use or copying of any content accessible through the Sky Ute Materials, or features that enforce limitations on use of the sports account wagering services;
Attempt to or intentionally interfere with or damage operation of the Sky Ute Materials or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating or propagating viruses, works, trojans, logic bombs or other material or code that is malicious or harmful;
Knowingly or negligently use any features which may interfere with or affect the function of the Sky Ute Materials in any way, or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating or propagating viruses, works, trojans, logic bombs or other material or code that is malicious or harmful;
Use the Sky Ute Materials in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Sky Ute Materials could lead directly to death, personal injury, or severe physical or property damage;
Attempt to gain unauthorized access to the Sky Ute Materials, or any part of it, other accounts, computer systems or networks connected to the Sky Ute Materials, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the Sky Ute Materials or any activities conducted on or through the Sky Ute Materials;
Use any robot, spider, scraper or other automated means to access the Sky Ute Materials for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sky Ute Materials or modify them in any manner or form, nor to use modified versions of the Sky Ute Materials, including (without limitation) for the purpose of obtaining unauthorized access to the Sky Ute Materials;
Reverse engineer, decompile, disassemble, or otherwise attempt to extract, generate or retrieve source code from any compiled binary provided in any Sky Ute Materials underlying the Website, the Sky Ute App or the Sky Ute sports wagering account, in whole or in part, except as expressly permitted by mandatory law;
Modify, translate, adapt, arrange or create derivative work based on the Sky Ute Materials, in whole or in part, for any purpose;
Export the technology in the Sky Ute Materials in violation of applicable export control laws;
Interfere with, overload, “flood”, “crash”, or disrupt the Sky Ute App, which may include, but is in no way limited to, submitting in any manner (i.e., manual or automated) an unreasonable amount of account sign-ons that require location verification;
Flood the Website with information, multiple submissions or “spam”;
Corrupt the Website;
Attempt to gain unauthorized access to the Website, the servers on which the Website is stored, or any server, computer or database connected to the Website or necessary to operate and deliver Sky Ute Services; nor
Interfere or tamper with, remove or otherwise alter in any way, any information, in any form which is included on the Website.
OUR RIGHT TO REFUSE ACCESS AND TO SUSPEND, MODIFY OR DISCONTINUE SERVICE
WE RESERVE THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON, TEMPORARILY OR PERMANENTLY, AND WITHOUT ANY NOTICE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DENIAL OF ACCESS, MODIFICATIONS TO, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
TERMINATION AND CLOSURE OF YOUR ACCOUNT
You agree that we may, without prior notice, immediately terminate, limit your access to, or suspend your sports wagering account, any associated email address, and access to our Services for any reason. While not necessary, cause for such termination, limitation of access or suspension shall include, but is not limited to: (i) breaches or violations of the Terms or Rules or other incorporated rules, agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) discontinuance or material modification to the Sky Ute Materials and sports wagering account (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, and (vi) engagement by you in fraudulent or illegal activities.
You may close your sports wagering account, and terminate any associated email, by submitting a request to us at email@example.com or in any other manner set forth in our Terms and Rules.
By opening an account with Sky Ute, you give us the authority to withhold deposited funds during an investigation initiated by the Southern Ute Division of Gaming, government agencies or other regulatory authorities, until such time as Sky Ute has been notified that said investigation has been completed and the funds may be released. Such investigations may involve, but are not limited to, matters regarding source of funds, having someone bet for you, suspicious account activity, or other alleged actions regarding you or your account. Depending on the outcome of such investigations, funds may be forfeited to the applicable regulatory authority and/or government agency.
EFFECT OF TERMINATIONS
You agree that all terminations, limitations of access and suspensions of your sports wagering account shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination, limitation of access or suspension of your sports wagering account, or access to our Services. Terminating your sports wagering account includes any or all of the following: (i) terminating your access to all or part of our Services, (ii) deleting your password and all related information, files and content associated with or inside your account (or any part thereof), and (iii) barring you from further use of all or part of our Services. Upon termination, you will lose access to your sports wagering account, but you will be and remain responsible for fees for wireless carrier services or that any third party may legally impose, if any. We will have no further liability to you or any further obligations under this Agreement.
LINKS TO OTHER WEBSITES; DEALINGS WITH ADVERTISERS; THIRD-PARTY PRODUCTS AND SERVICES; AND LICENSE TERMS
Our Website and the Sky Ute App may include links to other websites (e.g., sponsors’, or advertisers’ websites) or services solely as a convenience to you. You acknowledge and agree that we are not responsible for the availability of such external sites, or resources, that we do not endorse and are not responsible or liable for any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties about the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
DEALINGS WITH ADVERTISERS
You understand that our Services may include advertising presented each time our Website or the Sky Ute App is initially accessed, and you consent to receiving such advertisements. You understand and agree that your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Website or the Sky Ute App are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our Website or the Sky Ute App.
PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES
Parties other than Sky Ute may provide services or sell products via the Sky Ute Materials. We are not responsible for examining or evaluating, and we do not make any representations regarding, or warrant the offerings of, any of these businesses or the content of their product and service offerings. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
THIRD-PARTY LICENSE TERMS
Some products and services are provided from third parties and therefore the use of such products and services are also governed by such third-party license terms. In such case, you will also be subject to such third-party license terms.
SKY UTE NOTICES
We may provide you with notices, including but not limited to email, SMS, MMS, text message, postings on the Sky Ute Materials or other reasonable means now known or hereafter developed. You might not receive such notices if you violate these Terms by accessing our Services in an unauthorized manner. Your agreement to these Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Sky Ute Materials in an authorized manner.
The Sky Ute App delivers content via (i) mobile carrier networks through their data channel, text messaging, and (ii) proprietary communication channels. YOU MAY INCUR DATA CHARGES AND TEXT MESSAGING CHARGES THROUGH YOUR USE OF THE SKY UTE MATERIALS. WE RECOMMEND THAT YOU HAVE AN ADEQUATE DATA AND TEXT MESSAGING PLAN AND MONITOR SUCH USAGE REGULARLY. TO DETERMINE IF YOU HAVE AN ADEQUATE DATA AND TEXT MESSAGING PLAN, WE RECOMMEND YOU CONTACT YOUR WIRELESS CARRIER TO VERIFY YOUR PLAN AND ASSOCIATED COSTS FOR DATA AND TEXT MESSAGES. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY CARRIER CHARGES ASSOCIATED WITH THE USE OF THE SKY UTE MATERIALS.
SCOPE OF LICENSE
We grant you a personal, non-exclusive, non-transferable, revocable license to use our Website.
The Sky Ute App
We may from time to time issue updated versions of the Sky Ute App and may automatically electronically update the version of the Sky Ute App that you are using on your wireless device. You consent to such automatic updating (and receiving notices notifying you that updates have been issued) on your wireless device and agree that the Terms and conditions of this license and Agreement will apply to all such updates.
With respect to any open source or third-party code that may be incorporated in the Sky Ute Materials, such open source code is covered by the applicable open source or third-party EULA, if any, authorizing use of such code.
The foregoing license grant under this Agreement is not a sale of the Sky Ute Materials or any copy thereof and we retain all rights, title, and interest in the Sky Ute Materials (and any copy thereof) and Services. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserve all rights not expressly granted under this Agreement.
TERMINATION OF LICENSE
The license is effective until terminated by you or us. Your rights under this license terminate automatically without notice from us if you fail to comply with any term(s) of this license and Agreement. Upon termination of the license you shall cease all use of and disable the Sky Ute Materials (and any copy thereof).
You agree to indemnify and hold harmless, Sky Ute Casino Resort, the Tribe, the Sky Ute App Distributors (such as, and/or including, but not limited to, Apple®), and all of their respective employees, directors, officers, officials, shareholders, partners, agents, attorneys and permitted assigns, for, from and against any and all damages, losses, liabilities, obligations, penalties, costs and expenses (including, but not limited to, reasonable attorneys’ and other professional fees) related to third party claims, demands, charges or investigations, arising out of or in connection with (i) your use of Sky Ute Materials, in whole or in part, including without limitation your use or misuse of any location information, addresses, directions, or any other data you may obtain while using the Sky Ute Materials, (ii) your breach of this Agreement or your failure to carry out any obligation or responsibility hereunder, (iii) any violation by you of any requirements or restrictions of ours or of any of our Suppliers, and of the Sky Ute App or Sky Ute App Distributors or applicable laws, rules or regulations, or any access to or use of the App, and (iv) the use or misuse of the location based information disclosed to third parties as set forth in your sports wagering account. In no event will you settle any claim without our prior written approval. We reserve the right, without waiving any rights to indemnification, including reimbursement of reasonable legal fees and costs, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without your prior written consent. All indemnification obligations will continue in effect even after, and notwithstanding, any expiration or termination of this Agreement.
DISCLAIMERS; NO WARRANTIES; LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NO WARRANTIES. THE SKY UTE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SKY UTE MATERIALS WILL BE AT YOUR SOLE RISK, AND THAT TO THE FULLEST EXTENT PERMITTED BY LAW, SKY UTE, THE TRIBE, AND ALL OF THEIR OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SKY UTE MATERIALS, AND YOUR USE THEREOF.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SKY UTE MATERIALS OR THEIR CONTENT. IN ADDITION, SKY UTE, THE TRIBE, AND THEIR OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND THEIR RESPECTIVE HEIRS, EXECUTORS AND ASSIGNS, ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SKY UTE MATERIALS, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, SKY UTE MATERIALS AND/OR SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SKY UTE MATERIALS OR BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SKY UTE MATERIALS AND ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SKY UTE MATERIALS.
DEALINGS WITH ADVERTISERS; THIRD-PARTY WEBSITES, PRODUCTS AND SERVICES
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SKY UTE MATERIALS, YOUR WIRELESS DEVICE, OR ANY HYPERLINKED MESSAGING SOFTWARE OR WEBSITE OR WIRELESS DEVICE. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST WAGERS OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SKY UTE MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND FURTHER THAT PURSUANT TO THIS PROVISION NO THIRD-PARTIES, INCLUDING BUT NOT LIMITED TO SUPPLIERS, PARTNERS AND/OR WIRELESS CARRIER PARTNERS, SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SKY UTE MATERIALS, ANY LINKS THERETO OR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO (A) THE AMOUNT PAID, (IF ANY), BY YOU TO US FOR THE SKY UTE MATERIALS DURING THE TERM OF YOUR USE OF THE SKY UTE MATERIALS, OR (B) FIVE HUNDRED DOLLARS ($500.00). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
THE SKY UTE MATERIALS AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SKY UTE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE, AS WELL AS OUR SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION SKY UTE THIRD-PARTY WIRELESS CARRIER PARTNERS, AND THE SKY UTE APP DISTRIBUTORS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
NEITHER WE NOR OUR SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION THIRD-PARTY WIRELESS CARRIER PARTNERS, AND THE SKY UTE APP DISTRIBUTORS), WARRANT THAT THE FUNCTIONS CONTAINED IN THE SKY UTE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SKY UTE MATERIALS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE, NOR OUR SUPPLIERS OR PARTNERS (INCLUDING WITHOUT LIMITATION THIRD-PARTY WIRELESS CARRIER PARTNERS OR THE SKY UTE APP DISTRIBUTORS) WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION OR THE SKY UTE MATERIALS IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY, OR OTHERWISE. YOU (AND NOT SKY UTE OR ITS SUPPLIERS OR PARTNERS OR THIRD PARTY WIRELESS CARRIERS OR THE SKY UTE APP DISTRIBUTORS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION TO THE WIRELESS DEVICE OR TO YOUR COMPUTER THAT YOU ALLEGE IS CAUSED BY OR RELATED TO THE SKY UTE MATERIALS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MATERIALS AT YOUR OWN DISCRETION AND RISK.
THE SKY UTE MATERIALS ARE INTENDED ONLY AS PERSONAL SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY SYSTEM, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE SKY UTE MATERIALS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED THE SKY UTE MATERIALS AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE SKY UTE MATERIALS OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that the Sky Ute Materials include material that constitutes an infringement of your copyrighted work, you can notify us by providing the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work;
A description of the allegedly infringed copyrighted work;
Identification of the allegedly infringing material and where the Sky Ute Materials that allegedly infringe are located;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that use of the infringing material on the Sky Ute Materials is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the information you are providing in this notification is accurate, and under penalty of perjury, and that you are authorized to act on behalf of the copyright owner.
The above information should be sent by email to firstname.lastname@example.org or by mail to:
Sky Ute Casino Resort
PO Box 340
Ignacio, Colorado 81137
With a copy to:
Southern Ute Indian Tribe
PO Box 737
Ignacio, CO 81137
INTERSTATE NATURE OF COMMUNICATIONS ON THE SKY UTE NETWORK
SUBMITTING IDEAS OR INNOVATIONS TO SKY UTE
By submitting ideas, suggestions, documents, proposals, products and/or technologies (“Ideas” or “Innovations”) to us through email or any suggestion or feedback links or mail, you acknowledge and agree that: (i) your Ideas and/or Innovations do not contain confidential or proprietary information, (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Ideas and Innovations, (iii) we shall be entitled to use or disclose (or choose not to use or disclose) such Ideas and Innovations for any purpose, in any way, in any media worldwide, (iv) we may have something similar to the Ideas and Innovations already under consideration or in development, (v) your Ideas and Innovations which are not subject to a patent, automatically become our property without any obligation to you, and (vi) you are not entitled to any compensation or reimbursement of any kind from us, under any circumstances.
In the event of a dispute, the account holder must contact us at email@example.com. Our Customer Support Representative will obtain all information regarding the dispute and provide resolution. In the event a dispute cannot be resolved to the satisfaction of the account holder, then either party may contact the General Manager of the Sky Ute Casino Resort to resolve the dispute. If they are unable to resolve the dispute with the General Manager, either party may contact the Director of the Southern Ute Division of Gaming for resolution. Decisions of the Director of the Division of Gaming are final.
GOVERNING LAW; JURISDICTION; SOVEREIGN IMMUNITY; STATUTE OF LIMITATIONS
This Agreement shall be deemed to have been formed on the Reservation. This Agreement and Services offered by Sky Ute are governed by the laws of the Southern Ute Indian Tribe, and any dispute relating to this Agreement and the Services shall be decided by the laws of the Tribe. You fully understand that the Southern Ute Tribe is a governmental entity having sovereign immunity and nothing herein waives the sovereign immunity of the Tribe. If there is any disagreement or claim related to or arising from this Agreement or the Services offered by Sky Ute, you agree that the forum for its resolution shall be the Southern Ute Tribal Court. You irrevocably consent to submit to the exclusive jurisdiction of the Southern Ute Tribal Court.
Additionally, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to this Agreement and the use of Sky Ute Materials must be commenced within one (1) year after such claim or cause arose or you waive such claim or cause of action.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
ELECTRONIC ACCESS, ELECTRONIC NOTICES, ELECTRONIC SIGNATURE
To access and retain this electronic Agreement and use our Website and your sports wagering account, if any, you must have access to the World Wide Web either directly (via computer and modem) or through devices that access the web-based content and pay any applicable fees. You may save this Agreement in non-electronic form into any word processing program or print it. You have the right to receive this Agreement provided to you in electronic form. If you withdraw your consent and/or request a non-electronic copy of this Agreement, send such request to firstname.lastname@example.org. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by us without restriction.
All options, rights, and covenants contained herein that are intended to survive will survive the expiration or termination of this Agreement. Any provisions concerning the limitations of liability, disclaimers, and indemnification contained herein will survive any expiration or termination of this Agreement.
The heading references herein are for convenience only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
NO LIABILITY AGAINST SUPPLIERS AND SKY UTE APP DISTRIBUTORS; THIRD PARTY BENEFICIARIES
You acknowledge and agree that (i) this Agreement is between you and us, and not your wireless carrier or wireless device manufacturer (“Suppliers”) or the Sky Ute App Distributors and their subsidiaries, (ii) we, (and not the Suppliers or the Sky Ute App Distributors), are solely responsible for Sky Ute Materials, including the Sky Ute App, (iii) the Suppliers and the Sky Ute App Distributors have no responsibility whatsoever to furnish any maintenance and support services with respect to Sky Ute Materials, including the Sky Ute App, (iv) to the maximum extent permitted by applicable law, the Suppliers and the Sky Ute App Distributors will have no other warranty obligation whatsoever with respect to the Sky Ute Materials including the Sky Ute App, (v) the Suppliers and the Sky Ute App Distributors are not responsible for any claims (including, product liability claims, any claims that the App fails to conform to any applicable legal or regulatory requirement, or arising under consumer protection or similar legislation) that you or third-parties have arising out of your use of the Sky Ute Materials, including the Sky Ute App, (vi) the Suppliers and the Sky Ute App Distributors will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the Sky Ute Materials infringe on a third party’s intellectual property rights (as stated in the Section titled Sky Ute Proprietary Rights), and (vii) the Suppliers and the Sky Ute App Distributors and their subsidiaries are third party beneficiaries of this Agreement and, upon your acceptance of this Agreement, the Suppliers and the Sky Ute App Distributors will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.
The Sky Ute App and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and Unpublished-rights reserved under the copyright laws of the United States.
This Agreement, as it may be amended from time to time, including any documents referred to herein, constitutes the entire and exclusive statement of Agreement between the parties with respect to its subject matter, superseding any and all previous proposals, representations or statements, oral or written. In entering into this Agreement, neither party has relied upon any statement, representation, warranty, nor agreement of the other party except for those expressly contained in this Agreement. Any representations, warranties, or promises alleged between the parties pertaining to the subject matter of this Agreement that differ in any way from this Agreement’s provisions are of no effect. The provisions of this Agreement may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. There are no conditions precedent to the effectiveness of this Agreement other than those expressly stated in this Agreement. This Agreement may not be modified by any subsequent written or oral statement of any representative of Sky Ute except as otherwise provided in this Agreement.
This Agreement may not be assigned by you absent a written document executed by you and the General Manager of Sky Ute.
WHAT TO DO IF YOU ARE AWARE OF A VIOLATION.
You agree that if you witness or become aware of any user activity that violates the Terms of Service, and/or Rules then in effect, you shall as soon as practicable report it to us at email@example.com. We cannot guarantee that any action will be taken as a result of your email, but we appreciate your assistance in bringing it to our attention.
NOTIFY US OF ACTS CONTRARY TO THIS AGREEMENT.
If you believe that you are entitled or obligated to act contrary to this Agreement or any mandatory laws, you agree to provide us with detailed thirty (30) days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
MAINTENANCE AND SUPPORT FOR THE SKY UTE APP
We are solely responsible for providing any maintenance and support services for the Sky Ute App, as specified in this Agreement or as required under applicable law. You acknowledge and agree that the Sky Ute App Distributors have no obligation whatsoever to furnish any maintenance and support services for the Sky Ute App. If you have any questions, complaints, or claims, with respect to the Sky Ute App or require assistance please contact us at firstname.lastname@example.org.
You may contact us by e-mail at email@example.com or at the following address: Sky Ute Casino Resort; 14324 Highway 172 North; Ignacio, Colorado 81137.
We encourage responsible gaming by educating our employees and by making problem gambling information available to our customers at our race and sports book counters and on our website. If you suspect you or someone you know may be experiencing some of the warning signs of problem gambling, please visit the National Center For Responsible Gaming, https://www.icrg.org/, or call the Help Line at 1-978-338-6610 for confidential information and assistance.