Terms of Use

This website is property of the Chickasaw Nation Division of Commerce, an executive department agency of the Chickasaw Nation, a federally recognized, sovereign and self-governing American Indian tribe. Gold Mountain Casino is a licensed gaming facility, fully owned and operated by the Chickasaw Nation.

Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, including the laws of the Chickasaw Nation, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Use License
1. By use of the website permission is granted to temporarily download the website itself for your personal, non-commercial transitory viewing only. This is the grant of a temporary license, not a transfer of title, and under this temporary license you may not:
  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on Chickasaw Nation Division of Commerce’s web site;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or “mirror” the materials on any other server.
2. This temporary license shall automatically terminate if you violate any of these restrictions and may be terminated by Chickasaw Nation Division of Commerce at any time and for any reason. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer
The materials on Chickasaw Nation Division of Commerce’s web site are provided “as is.” The Chickasaw Nation Division of Commerce makes no warranties, express or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Chickasaw Nation Division of Commerce does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall the Chickasaw Nation Division of Commerce or its officers, employees, agents, vendors or suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Chickasaw Nation Division of Commerce’s Internet site, even if the Chickasaw Nation Division of Commerce or a Chickasaw Nation Division of Commerce authorized representative has been notified orally or in writing of the possibility of such damage.
Revisions And Errata
The materials appearing on the Chickasaw Nation Division of Commerce’s web site could include technical, typographical, or photographic errors. The Chickasaw Nation Division of Commerce does not warrant that any of the materials on its web site are accurate, complete, or current. The Chickasaw Nation Division of Commerce may make changes to the materials contained on its web site at any time without notice. The Chickasaw Nation Division of Commerce does not, however, make any commitment to update the materials.
Links
Chickasaw Nation Division of Commerce has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Chickasaw Nation Division of Commerce of the site. Use of any such linked web site is at the user’s own risk.
Site Terms Of Use Modifications
Chickasaw Nation Division of Commerce may revise these terms of use for its web site at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Dispute Resolution; Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION.

Agreement to Arbitrate

You and The Chickasaw Nation agree that any dispute, claim, or controversy arising out of or relating in any way to your use of our digital properties, website tracking technologies, privacy disclosures, data processing practices, or communications (including email, phone, or SMS/text solicitations) shall be resolved exclusively through final and binding individual arbitration under the consumer arbitration rules of AAA, rather than in a court of general jurisdiction. The arbitration shall be conducted in Pontotoc County, Oklahoma (or such other location as the parties may mutually agree). The arbitrator shall have exclusive authority to resolve challenges to the validity or enforceability of this arbitration clause; provided, however, that notwithstanding the foregoing, a court of competent jurisdiction shall have final and definitive authority to resolve any challenges or determinations with respect to the validity or enforceability of the Class Action Waiver (as defined below). The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Information about AAA and its rules, including applicable fee schedules, is available at https://www.adr.org/rules-forms-and-fees/consumer/. Payment of all filing, administration, and arbitrator fees shall be governed by the applicable arbitration rules. The arbitrator may award attorneys’ fees and costs to the prevailing party if authorized by applicable law or the arbitration rules.

You may opt out of this arbitration provision by sending written notice to The Chickasaw Nation at website@chickasawoptout.com within 30 days of your first acceptance of these Terms. If you opt out, you and The Chickasaw Nation agree to submit to the exclusive jurisdiction of the state and federal courts located in Pontotoc County, Oklahoma.

Class Action Waiver

YOU AND THE CHICKASAW NATION WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN (AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ADJUDICATE) ANY CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE CLAIM (THE “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SUBSECTION LIMITS THE APPLICABILITY OF THE MASS ARBITRATION PROCEDURES SET FORTH BELOW.

IF A COURT OF COMPETENT JURISDICTION FINDS THE CLASS ACTION WAIVER UNENFORCEABLE IN ANY RESPECT, THEN THE UNENFORCEABLE PORTION OF THE CLASS ACTION WAIVER SHALL BE SEVERABLE FROM THESE TERMS, BUT THE REMAINDER OF THESE TERMS SHALL BE BINDING AND ENFORCEABLE. TO THE EXTENT THAT THERE ARE ANY CLAIMS TO BE LITIGATED IN A CIVIL COURT OF COMPETENT JURISDICTION BECAUSE A CIVIL COURT OF COMPETENT JURISDICTION DETERMINES THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE WITH RESPECT TO SUCH CLAIMS, THE CHICKASAW NATION AND YOU AGREE THAT LITIGATION OF THOSE CLAIMS SHALL BE STAYED PENDING THE OUTCOME OF ANY INDIVIDUAL CLAIMS IN ARBITRATION.

Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE CHICKASAW NATION IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, INCLUDING OUR DIGITAL PROPERTIES, WEBSITE TRACKING TECHNOLOGIES, PRIVACY DISCLOSURES, DATA PROCESSING PRACTICES, OR COMMUNICATIONS.

Mass Arbitration Procedures

If 25or more substantially similar arbitration demands are filed against The Chickasaw Nation within a 90-day period by the same or coordinated counsel (“Mass Arbitration”), then the claims shall proceed in accordance with the AAA mass arbitration rules.

Pre-Arbitration Dispute Resolution Protocol

Before initiating arbitration, the claimant must first send a written Notice of Dispute describing the nature and basis of the claim and the specific relief sought. You and The Chickasaw Nation agree to negotiate in good faith for a period of at least thirty (30) days following receipt of the notice. If the dispute is not resolved within thirty (30) days, either party may initiate binding individual arbitration administered by AAA under its consumer arbitration rules.

Severability

If any portion of this Class Action Waiver or Arbitration agreement is held to be unenforceable or invalid, this portion shall be severed, and the remaining portions of this agreement shall continue in full force and effect.

Governing Law And Sovereign Immunity
Any claim relating to Chickasaw Nation Division of Commerce’s web site, or these terms and conditions shall be governed by the laws of the Chickasaw Nation without regard to any conflict of law provisions. Nothing contained herein shall be construed to waive the sovereign immunity of the Chickasaw Nation.