LAST UPDATED: October 19, 2017

By accessing or using the website, www.riosecco.net (the “Website”), operated by VICI Properties, Inc. (“VICI”), you agree to be bound by the following Terms and Conditions of Use (the “Terms of Use”). These Terms of Use apply to all visitors, users and others who access or use the Website, or use, apply for or inquire about real estate investment services offered by VICI (the “Services”). If you are accessing this Website or using the Services as an employee or representative of a company or organization, these Terms of Use are binding upon both you individually and to that company or organization, and references to “you” or “your” shall apply to you individually and such company or organization.

These Terms of Use are a legal agreement between you and us, and they contain important information on your legal rights, remedies and obligations. By accessing or using the Website or the Services, you: (i) acknowledge that you have read and understand, and are agreeing, on your own behalf and on behalf of your minor children using the Website or the Services, to be bound by these Terms of Use and that you are agreeing to comply with all applicable laws, rules and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. You further acknowledge and agree that your access to and use of the Website and the Services are valuable benefits that you receive by agreeing to, and complying with, these Terms of Use. You may not access, browse or use the Website or the Services and you should discontinue these activities immediately, if you: (a) do not agree to these Terms of Use; or (b) are prohibited from accessing or using the Website or the Services by applicable law.

Please note that this Website contains links to websites featuring golf courses owned and operated by VICI. The terms and conditions relating to use of the websites for these golf courses can be found on such websites.

THIS WEBSITE IS INFORMATIONAL ONLY

The content on the Website is for general information purposes only and is for your personal and non-commercial use. The Website does not purport to provide any information specifically responsive to any question you may have, and it is not a comprehensive discussion of any topic that may be relevant to you. No statement, article, quote, research finding, opinion or other content posted or referred to on the Website is intended to, and none does, constitute investment, financial, consulting, accounting, tax, legal, or other professional advice or services. The Website may not disclose all risks relating to your use of the Website, or any products or services offered by VICI. Any actions that you take based on information contained on the Website are your sole responsibility, and should be discussed in advance with one or more suitably qualified trusted advisors.

The fact that the Website, or any information posted thereon, is available to you does not constitute a recommendation that you enter into a particular transaction, or utilize any product or service. No statement made or referenced on the Website is, and none should be perceived as, an offer or recommendation by VICI on any matter. Nothing on the Website is intended to be, nor should be construed as, an offer by VICI to enter into a contractual relationship with you or anyone else for any products or services (except with respect to the contract created between you and VICI regarding your use of the Website, as stated in these Terms of Use).

VICI does not make its Services available to the general public. All Services offered by VICI are subject to completion of any documentation or other action required by VICI in connection with such Services, and are governed by VICI’s terms and conditions relevant thereto. VICI reserves the right, at its sole discretion, for any or no reason, to offer or reject any request for Services referenced on the Website.

To the extent that the Website contains transactions, case studies, statements, graphics, or other information concerning projections, plans, objectives, or performance (whether past, present or future), you should be aware that actual events or results may differ materially from those shown. Past performance of any transaction is not necessarily an indication of future performance. VICI does not control, nor does it purport to be aware of, all market forces that may be relevant to you or any particular financial opportunity at any time. Many factors affect the performance of investments, and the value of investments may go up or down.

If all or some of the business, stock or assets of VICI are acquired by, merged with, or otherwise transferred to another entity, such entity may assume responsibility for operation of the Website. By using the Website, you agree to any such transfer.

USE OF WEBSITE

You may only use the Website in accordance with these Terms of Use. You warrant and agree that, while accessing or using the Website, you will not yourself, and will not induce, assist or cause others to, directly or indirectly, for any purpose and by any means or in any form or medium whatsoever:
  • use the Website to engage in any unlawful activity or fraudulent purpose or to infringe the rights of VICI, its subsidiaries or its affiliates or others;
  • impersonate any person or entity or misrepresent your affiliation with any person or entity, whether actual or fictitious, including anyone associated or affiliated with the Website or VICI;
  • interfere or attempt to interfere with the proper working of the Website, or otherwise take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  • use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms);
  • use any metatags or any other “hidden text” utilizing VICI’s name, trademarks, service marks, or trade names;
  • obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Website through any means, including through means not intentionally made publicly available or provided through the Website;
  • engage in any automatic or unauthorized means of accessing, logging-in or registering on the Website, if applicable, or obtaining lists of users or other information from or through the Website, including any information residing on any server or database connected to the Website; or
  • attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Website.

PROPRIETARY INFORMATION

As between you and VICI, all content on the Website, including text, design, graphics, interfaces and code, and the selection and arrangement thereof, is owned by VICI, unless otherwise expressly indicated on the Website, and is protected under the copyright laws of the United States and international copyright laws. You are permitted to copy and/or print individual pages of the Website for personal, non-commercial purposes. You may not otherwise copy, modify, distribute, transmit, display, perform or create derivative works from the content, information or material on the Website without our permission. To seek such permission, or if you perceive any copyright concerns, please submit your request, concern, or other information warranting our attention to corporate@viciproperties.com with the subject matter “COPYRIGHT INQUIRY”.

Trademarks, logos and service marks displayed on this Website are registered and unregistered trademarks of VICI, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission. VICI reserves all rights not expressly granted in and to the Website and its content.

USE BY UNITED STATES RESIDENTS

This Website has been published in the United States and is directed towards residents of the United States. You agree to use the Website in accordance with all United States federal, state and local laws and these Terms of Use. VICI makes no warranties or representations that materials on the Website are available or appropriate for all users or in all locations. If it is illegal or prohibited in your state or country to access or use the Website, do not do so. All persons and entities accessing the Website do so on their own initiative, and are responsible for compliance with all applicable local laws and regulations.

 
NO WARRANTY

THE CONTENT AND OTHER MATERIALS CONTAINED HEREIN ARE PROVIDED “AS IS” AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, VICI, ITS SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUBCONTRACTORS, SUPPLIERS AND REPRESENTATIVES HEREBY DISCLAIM: (1) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT THE WEBSITE’S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (2) ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THE WEBSITE AND FOR ANY DOWNTIME EXPERIENCED ON THE WEBSITE.

LIMITATION OF LIABILITY

VICI, ITS SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND REPRESENTATIVES, SHALL NOT BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH BROWSING OR OTHER USE OF THE WEBSITE OR ITS CONTENT OR DOWNLOADING ANY MATERIALS OR CONTENT FROM THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR ERRORS, INACCURACIES, OMISSIONS OR MISLEADING STATEMENTS. USERS OF THE WEBSITE EXPRESSLY UNDERSTAND AND AGREE THAT SUCH USE IS AT THEIR OWN RISK AND THAT VICI SHALL NOT BE LIABLE TO ANY USER OF THE WEBSITE FOR ITS CONTENT, OR TO ANY THIRD PARTY, FOR ANY LOSS, EXPENSE OR DAMAGE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR REVENUE, HOWEVER SUCH DAMAGES ARISE, THAT RESULTS DIRECTLY OR INDIRECTLY FROM THE USE OF, NON-USE OF, OR RELIANCE UPON THE WEBSITE, ITS CONTENT OR OTHER INFORMATION OBTAINED, DOWNLOADED, LINKED OR OTHERWISE ACCESSED THROUGH THE WEBSITE, EVEN IF VICI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS YOU HAVE WITH THIRD PARTIES FOUND ON OR THROUGH THE WEBSITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. VICI MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH THIRD PARTIES OFFERING SERVICES ON THE WEBSITE OR THROUGH ANY LINKS FROM THE WEBSITE. VICI SHALL NOT BE RESPONSIBLE NOR LIABLE FOR OR IN CONNECTION WITH ANY SUCH THIRD PARTY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS.

IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNIFICATION

You hereby agree to indemnify, defend, release and hold harmless VICI, its subsidiaries and affiliates and its and their officers, directors, employees and agents from and against any and all third party claims, actions, liabilities, damages and/or costs and expenses (including, but not limited to, attorneys’ fees, court costs, accounting fees and amounts paid in settlement) incurred as a result of or arising from access and/or use of the Website by you or others under your authority or control. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

PRIVACY

VICI’s Privacy Policy, found at www.riosecco.net/privacy_policy/, applies to use of the Website, and its terms are incorporated into these Terms of Use.

TERMINATION OF ACCESS

You acknowledge that VICI may suspend or terminate your access to this Website at any time, for any reason, with or without cause.

CHANGES

VICI reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time, for any or no reason, simply by posting such modifications on this page. VICI also reserves the right to change, suspend or discontinue all or any portion of the Website or its content at any time, in its sole discretion, temporarily or permanently, for any or no reason, without notice to you, and without any liability to you. Your continued use of or access to the Website or its content constitutes your acceptance of any modifications to these Terms of Use. You are responsible for remaining knowledgeable as to any modifications that VICI may make to these Terms of Use. Your sole remedy should you not consent to a modified term of these Terms of Use is to cease use of or access to the Website or its content. The most current Terms of Use will be available at all times through the Website and will supersede all previous versions of these Terms of Use.

WAIVER

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by VICI. Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. Any waiver of any provision of these Terms of Use shall not be held to be a waiver of any other provision or any subsequent application of the same provision unless explicitly agreed to by VICI in such signed written waiver.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any principles of conflicts of laws, and the federal laws of the United States, regardless of where the user is based. You agree to bring any claims arising under these Terms of Use exclusively in courts within the State of Nevada, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with VICI or its affiliates.

INVALIDITY OF TERMS

These Terms of Use constitute the entire agreement between VICI and you regarding our Website, and supersede and replace any prior agreements VICI might have with you regarding the Website. If any part of these Terms of Use is found to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

RESPONSIBLE GAMING

VICI is committed to responsible gaming of visitors to our properties. While VICI recognizes that the overwhelming majority of visitors participate in various forms of recreation and amenities offered at our properties in a responsible and rational manner, there are a very small proportion who do not. For those seeking more information on responsible gambling/betting, or assistance with these issues, please contact the management of the casinos located on any of the properties we own directly, or visit the websites operated by such management.

QUESTIONS, COMMENTS, COMPLAINTS OR SERVICE ISSUES

If you have any questions, comments, complaints or service issues pertaining to the Website, please contact VICI at:

Phone:  702 820 3800

Email:  corporate@viciproperties.com

Mail:
VICI Properties, Inc.
8329 W. Sunset Road, Suite 210
Las Vegas, NV 89113
Attn: Legal