TERMS AND CONDITIONS OF USE
Effective Date: January 8, 2026
PLEASE CAREFULLY READ THIS AGREEMENT. BY USING LASVEGAS.COM ("LASVEGAS.COM," "WE," "US," OR "OUR"), OR BY PURCHASING THROUGH OUR CUSTOMER CALL CENTER OR OTHERWISE PURCHASING ANY PRODUCT OR SERVICE FROM, ON, OR THROUGH LASVEGAS.COM, OR BY INDICATING YOUR ASSENT TO THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS"), YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND AGREE TO COMPLY WITH THEM. DO NOT ACCESS OR USE LASVEGAS.COM'S SERVICES OR PURCHASE ANY PRODUCT FROM, ON, OR THROUGH LASVEGAS.COM IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.
THESE TERMS CONTAIN A CLASS ACTION WAIVER AS WELL AS A MANDATORY ARBITRATION AND DISPUTE RESOLUTION PROVISION THAT MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE. SPECIFICALLY, PLEASE REFER TO THE PROVISIONS REGARDING ARBITRATION BELOW (UNDER THE HEADING "ARBITRATION AND DISPUTE RESOLUTION"), WHICH REQUIRE YOU AND LASVEGAS.COM TO RESOLVE DISPUTES (WITH CERTAIN EXCEPTIONS) BY BINDING AND EXLCUSIVE ARBITRATION ON AN INDIVIDUAL BASIS INSTEAD OF IN COURT OR BEFORE A JURY, OR IN A CLASS ACTION OF ANY KIND. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND THAT YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY IN ANY FORUM, AS DESCRIBED IN MORE DETAIL BELOW. YOU HAVE A RIGHT TO OPT OUT OF ARBITRATION AND/OR THE CLASS ACTION, CLASS ARBITRATION, AND COLLECTIVE RELIEF WAIVER, AS EXPLAINED BELOW.
1. OWNERSHIP. The Site is owned and operated by LasVegas.com, LLC. LasVegas.com's corporate office is located at 6185 S Valley View Blvd, Suite R, Las Vegas, NV, 89118.
2. ACCESS TO THE SERVICES. Subject to the Terms and Conditions of this Agreement, LasVegas.com may offer to provide certain products and services, as described more fully on the Site, and which are selected by you on or through the process provided on the Site ("Services"), solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services LasVegas.com provides to you, as well as the offering of any content on the Site. LasVegas.com may change, suspend, or discontinue the Services at any time, including the availability of any feature, database, or content. LasVegas.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
You certify to LasVegas.com that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site and take full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
If you access or use LasVegas.com or purchase through our customer call center, or purchase any product from, on, or through LasVegas.com on behalf of a company, principal, or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and Conditions and that the Terms and Conditions are fully binding on them. In such case, the term "you," as used in these Terms and Conditions, will refer to such entity and its affiliates. If you do not have authority, you may not access or use LasVegas.com or purchase through our customer call center, or purchase any product from, on, or through LasVegas.com. Be advised that these Terms and Conditions contain disclaimers of warranties and limitations on liability that may be applicable to you.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
LasVegas.com cannot promise that access to the Site will be uninterrupted or available at all times. LasVegas.com assumes no liability or responsibility for any delay, interruption, or downtime.
3. INTELLECTUAL PROPERTY OWNERSHIP. The Site, including all Site software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) ("LasVegas.com Property") is owned by LasVegas.com and will remain the property of LasVegas.com. Users of this Site acknowledge that they do not acquire any ownership rights by using the Site. Users may not use any LasVegas.com Property in connection with any product or service that is not offered by LasVegas.com, in any manner that is likely to cause confusion with LasVegas.com's business, or in any manner that disparages LasVegas.com. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any LasVegas.com Property without the express written permission of LasVegas.com.
The content, organization, graphics, design, compilation, "look and feel" and all LasVegas.com Property available on this Site, including, without limitation, images and written and other materials (the "Contents"), are intellectual property protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). You may not download, print, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any of the Content except in the course of viewing the Site online for lawful purposes, and in making single copies of selected pages of the Ste for personal use and not for distribution or posting on any other Site. You also agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any Contents. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying other than the foregoing license to possess for personal use.
4. NOTIFICATION OF COPYRIGHT INFRINGEMENT. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please provide LasVegas.com with written notice containing the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement should be sent to: Attn: Copyright Complaints, 24 E. Washington St., Floor 9, Chicago, IL 60602 or customerservice@LasVegas.com. Such notice should be provided only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site.
5. RESTRICTIONS. You are responsible for all of your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any LasVegas.com user.
You are expressly prohibited from using the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site. You further agree to refrain from making any attempt to harvest or otherwise collect or compile information about others, including e-mail addresses or personal data, without their consent.
6. FEEDBACK. You are welcome to submit comments regarding the Site. However, by sending any comments, feedback, notes, messages, ideas, suggestions or other communications ("Feedback"), you hereby grant to LasVegas.com a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, display, license, sublicense, adapt, distribute, publicly perform, publish, transmit, modify, edit, translate, and otherwise exploit such Feedback, in all media now known or hereafter developed. You hereby waive any claim against LasVegas.com for any alleged or actual infringement of any intellectual property rights, other proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution in connection with any such Feedback.
You agree to submit only Feedback that is proper, lawful, and related to the purposes of the Site. You agree that you will not, and will not permit others to, submit any Feedback that: (i) infringes any intellectual property, privacy, or publicity rights of a third party; (ii) is obscene, vulgar, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to a third party; (iii) constitutes, or encourages conduct that would constitute, a criminal office, give rise to civil liability, or otherwise violate law; (iv) contains a virus or other harmful component; (v) constitutes or contains false or misleading indications of origin, statements of fact, or impersonations of another person or entity; (vi) constitutes advertising or solicitation of business; (vii) disrupts the normal flow of activity on the Site; or (viii) constitutes chain letters, pyramid schemes, virus hoaxes, false alarm messages, "spam," or similar material.
7. PRIVACY. The terms of the Privacy Policy are incorporated herein. You have read LasVegas.com's Privacy Policy and agree that the terms of the Privacy Policy are reasonable. Your acceptance of these Terms and Conditions is also your consent to the information practices in the Privacy Policy.
8. REPRESENTATIONS AND WARRANTIES. You represent and warrant to LasVegas.com that: (a) you have the legal right and authority to enter into the Terms and Conditions; (b) the Terms and Conditions form a binding legal obligation on your behalf; and (c) you have the legal right and authority to perform your obligations under the Terms and Conditions.
9. ADDITIONAL WARRANTIES. LasVegas.com has no special relationship with or fiduciary duty to you. You acknowledge that LasVegas.com has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release LasVegas.com from all liability to you pertaining to Content that is acquired or not acquired through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. LasVegas.com makes no representations concerning any Content contained in or accessed through the Site, and LasVegas.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
THE SITE, THE MATERIALS ON THE SITE AND ANY TICKET OR SERVICE OBTAINED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LASVEGAS.COM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. LASVEGAS.COM DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. LASVEGAS.COM IS NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
APPLICABLE LAW IN SOME JURISDICTIONS, SUCH AS THE STATE OF NEW JERSEY, DOES NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES AS SET FORTH IN THIS SECTION, SO SOME OR ALL OF THIS PROVISION MAY NOT APPLY TO YOU.
10. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. §§ 2701-2711). LasVegas.com makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any web site linked to the Site. LasVegas.com will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on LasVegas.com's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
11. REGISTRATION AND SECURITY. As a condition to using Services, you may be required to register with LasVegas.com and select a password and username ("LasVegas.com User ID"). You shall provide LasVegas.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate termination of your account. You may not: (i) select or use as a LasVegas.com User ID a name of another person with the intent to impersonate that person, or (ii) use as a LasVegas.com User ID a name subject to any rights of a person other than you without appropriate authorization. LasVegas.com reserves the right to refuse registration of or cancel a LasVegas.com User ID in its discretion. You shall be responsible for maintaining the confidentiality of your LasVegas.com password.
12. INDEMNITY. You agree to defend, indemnify and hold harmless LasVegas.com, its parents, affiliates, subsidiaries, investors, licensors, suppliers, advertisers, and sponsors, and their respective employees, consultants, agents, and other representatives ("Indemnified Parties") harmless from and against any claims, actions, demands, damages, losses, liabilities, costs, or expenses, including, without limitation, reasonable legal and accounting fees, resulting from or arising out of: (a) your breach of the Terms and Conditions; (b) any allegation that any information you submit or transmit to the site infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; (c) and federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of LasVegas.com; and/or (d) your activities in connection with your use of the Site.
13. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LASVEGAS.COM, NOR ANY OF THE INDEMNIFIED PARTIES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY TYPE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS (AS WELL AS FOR ANY MULTIPLIER ON OR INCREASE TO DAMAGES OR FOR ANY COSTS OR FEES (INCLUDING ATTORNEYS' FEES), HOWEVER CAUSED, UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY, COMMON LAW, EQUITABLE, OR OTHER THEORY (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF USE OR LOST PROFITS, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMISSIONS) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE MATERIALS ON THE SITE, OR ANY TICKET OR SERVICE OBTAINED ON OR THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT LASVEGAS.COM AND ANY OTHER INDEMNIFIED PARTY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR : (I) ANY ACTION OF ANOTHER USER ON THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR TORT, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF LASVEGAS.COM AND/OR ANY OF THE INDEMNIFIED PARTIES; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (VI) ANY ERROR, MISTAKE, INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE SITE; AND/OR (VII) ANY LOST, STOLEN, OR DAMAGED TICKETS. YOU AGREE THAT LASVEGAS.COM WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER LIMITATION OF LIABILITY IN THIS SECTION IS NOT PERMITTED, LASVEGAS.COM'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE MAXIMUM CUMULATIVE LIABILITY OF LASVEGAS.COM, AND ANY OTHER INDEMNIFIED PARTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE OVER THE PAST TWELVE (12) MONTHS; OR (B) $200.00 (USD).
THE CARRIERS, HOTELS AND OTHER SUPPLIERS OR PARTNERS PROVIDING TRAVEL OR OTHER SERVICES FOR LASVEGAS.COM ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF LASVEGAS.COM OR ANY OTHER INDEMNIFIED PARTY. NEITHER LASVEGAS.COM NOR ANY OF THE INDEMNIFIED PARTIES ARE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. NEITHER LASVEGAS.COM NOR ANY OF THE INDEMNIFIED PARTIES HAVE ANY LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL. NEITHER LASVEGAS.COM NOR ANY OF THE INDEMNIFIED PARTIES HAVE ANY RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER LASVEGAS.COM NOR ANY OF THE INDEMNIFIED PARTIES ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD LASVEGAS.COM OR THE INDEMNIFIED PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES, SITES, AND LOCATIONS RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS, INCLUDING BUT NOT LIMITED TO THE STATE OF NEW JERSEY, DO NOT ALLOW CERTAIN AGREEMENTS TO INCLUDE THE PROVISIONS OF THIS SECTION THAT (A) LIMIT OR EXCLUDE CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY TYPE; (B) LIMIT OR EXCLUDE THE USE OF ANY MULTIPLIER ON OR INCREASE TO DAMAGES; AND (C) LIMIT THE LIABILITY OF LASVEGAS.COM AND ANY OF THE INDEMNIFIED PARTIES, TO THE GREATER OF (1) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE OVER THE PAST TWELVE (12) MONTHS; OR (2) $200.00 (USD). THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO THE EXTENT, AND ONLY TO THE EXTENT, NOT PERMITTED BY APPLICABLE LAW.
14. ARBITRATION AND DISPUTE RESOLUTION.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS PROVISIONS GOVERNING HOW DISPUTES WILL BE RESOLVED. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS - INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS.
You and LasVegas.com each agree that, except as provided in the Exceptions provision below, any and all disputes, controversies, disagreements, or claims in any way arising out of or relating in any way to: (i) these Terms and Conditions; (ii) your use of, or access to, the Site; (iii) the Services; (iv) any tickets or other items sold or purchased on or through the Site; or (iv) any marketing, advertising, statements, communications, or representations regarding or related in any way to these Terms and Conditions, the Site (including access to and use thereof), the Services, and any tickets or other items sold or purchased on or through the Site shall be fully, finally, and exclusively resolved through final and binding arbitration rather than in court. Binding arbitration means that an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve such disputes. Consequently, you should read the entirety of this section carefully as it may significantly affect your legal rights.
YOU AND LASVEGAS.COM EACH WAIVE ANY RIGHT TO A JURY TRIAL AS WELL AS ANY RIGHT TO BRING CLAIMS IN OR OTHERWISE PARTICIPATE IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING, AS SET FORTH BELOW.
Our past, present, and future affiliates and agents, as well as any of our successors and assigns, can invoke LasVegas.com's rights under this agreement in the event they become involved in a dispute.
This arbitration agreement is intended to be interpreted broadly, and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this arbitration agreement or any prior agreement as well as claims that may arise after the termination of this arbitration agreement, consistent with the "Opting Out" provision set forth herein.
Except as expressly set forth herein, if any provision of this arbitration agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.
Exceptions: Notwithstanding the remainder of this Arbitration and Dispute Resolution section, You and LasVegas.com agree that the following types of disputes will be resolved in court, unless both you and LasVegas.com agree to submit the dispute to arbitration pursuant to this Arbitration and Dispute Resolution section:
(1) Disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as they are brought and maintained as an individual dispute and not as a class, representative, or consolidated proceeding or action.
(2) Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief). For the avoidance of doubt, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding set forth in the "Class Action, Class Arbitration, and Collective Relief Waiver" provision below does not prevent You from seeking public injunctive relief in an individual capacity to the extent otherwise permitted by law.
You and LasVegas.com also agree that for disputes or claims where both injunctive relief (including public injunctive relief) and non-injunctive relief are sought, you and LasVegas.com will first submit the dispute or claim for non-injunctive relief to arbitration pursuant to this "Arbitration and Dispute Resolution" section. The arbitrator will not be permitted to grant injunctive relief (unless the parties mutually agree otherwise). Once the arbitration of the dispute or claim for non-injunctive relief has concluded, you and/or LasVegas.com may seek the injunctive relief (including the public injunctive relief) in court to the extent permitted by law.
Any litigation in court of the foregoing types of disputes (except for small claims court actions) may be commenced only in a federal or state court located within Clark County, Nevada, and you and LasVegas.com each consent to the jurisdiction of those courts for such purposes. Regardless of whether the foregoing types of disputes in this Exceptions provision are resolved by a court or pursuant to arbitration, you and LasVegas.com agree that the dispute is subject to the "Class Action, Class Arbitration, and Collective Relief Waiver" provision set forth below.
Delegation: This agreement to arbitrate covers and includes threshold questions of arbitrability. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any and all disputes arising out of or relating to the formation, existence, scope, validity, interpretation, applicability, or enforceability of this agreement to arbitrate, or any part of it, or of these Terms and Conditions, including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms and Conditions is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees. If any party disagrees about whether the foregoing provision (or any portion of this agreement to arbitrate, including without limitation the provisions relating to arbitration, the waiver of class or representative proceedings, and opting out) can be enforced or whether it applies to the dispute, the parties all agree that the arbitrator will decide that dispute. Notwithstanding the foregoing, however, the parties agree that any issue concerning the validity of the Class Action, Class Arbitration, and Collective Relief Waiver and the batch arbitration provisions below must be decided by a court, and further agree that an arbitrator does not have authority to consider the validity of the Class Action, Class Arbitration, and Collective Relief Waiver and the batch arbitration provisions. Both you and LasVegas.com understand and agree that we are waiving our right to sue or go to court to assert or defend our rights, except as expressly set forth herein. The arbitrator has the right to impose sanctions in accordance with the arbitrator provider's rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith.
Governing Law: The Federal Arbitration Act ("FAA") governs this agreement to arbitrate in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of the parties' arbitration agreement and all of its provisions, including, without limitation, the Class Action, Class Arbitration, and Collective Relief Waiver. State arbitration laws do not govern in any respect. Further, you and LasVegas.com each agree that the Terms and Conditions evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible. To the extent state law applies, the parties' arbitration agreement and the parties' Class Action, Class Arbitration, and Collective Relief Waiver shall be governed by Illinois law, subject to conflict of law principles
Informal Initial Dispute Mechanism: The parties shall use their best efforts first to settle informally any dispute, claim, question, or disagreement, and to engage in good-faith negotiations, before initiating arbitration or other legal proceedings, as applicable. Both you and we agree that this informal dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party. Failure to engage in this process in good faith could result in the award of fees against you. If either you or LasVegas.com intend to bring a claim against the other, that party must first send to the other, by certified mail, a completed Intent to Arbitrate Notice ("Intent Notice"). The Intent Notice to LasVegas.com should be sent to LasVegas.com, LLC, 24 E. Washington, Ste. 900, Chicago, IL 60602. The written description must address only your individual dispute (and not that of any other person or class of persons, even if those persons are represented by the same law firm or group of law firms) and must provide, at minimum, the following information: (1) your name, telephone number, mailing address, and email address where you can be reached; (2) the name, telephone number, mailing address, and email address of your counsel, if any; (3) a description of the nature or basis of the claim or dispute; and (4) the specific relief sought. For any dispute that LasVegas.com initiates, we will send our written description of the dispute to the email address associated with your use of the Site. If you and LasVegas.com are unable to resolve the dispute described in the Intent Notice within thirty (30) days after the Intent Notice is sent, you or LasVegas.com may initiate an arbitration or other legal proceeding, as permitted by this "Arbitration and Dispute Resolution" provision. Neither party may initiate an arbitration or other legal proceeding, as applicable, during this 30-day period.
A good-faith engagement in informal dispute resolution shall be and is a prerequisite and condition precedent to either party initiating an arbitration or a lawsuit, as applicable. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process. If the party initiating litigation or arbitration, as applicable, does not satisfy any aspect of the requirements in this "Informal Initial Dispute Mechanism" section, a court can enjoin the filing or prosecution of the dispute in litigation or arbitration, as applicable. In addition, unless prohibited by applicable law, the arbitration provider cannot accept or administer the arbitration, nor assess any fees for such arbitration, if the party initiating arbitration does not satisfy any aspect of the requirements in this "Informal Initial Dispute Mechanism" section; if such arbitration already is pending, it must be dismissed.
If any part of this Informal Initial Dispute Mechanism is limited, voided, or found unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the arbitration agreement shall continue in full force and effect.
Initiating Arbitration Proceedings; Rules, Venue, and Jurisdiction: After the parties have engaged in a good-faith effort to resolve their dispute(s) in accordance with the "Informal Initial Dispute Mechanism" section, and only if those efforts fail or if it is otherwise impossible for the parties to engage in the Informal Initial Dispute Mechanism process, then either party may initiate arbitration as set forth herein. If you decide to initiate arbitration, a copy of the arbitration demand must be sent to LasVegas.com, LLC, Attention: Legal Department, 24 E. Washington St., Floor 9, Chicago, IL 60602. If LasVegas.com is initiating arbitration, it will serve a copy of the demand to the email address associated with your use of the Site.
The arbitration will be administered by the JAMS Mediation, Arbitration, and ADR Services ("JAMS") in accordance with the JAMS Streamlined Arbitration Rules and Procedures, as supplemented by the JAMS Mass Arbitration Procedures and Guidelines, in the event that the Batch Arbitration process discussed under the heading titled "Batching" is triggered (collectively, "JAMS Rules"). The JAMS Rules and arbitration forms are available at www.jamsadr.com or by request at 1-800-352-5267. In the case of face-to-face proceedings, the proceedings should be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination should be made by an arbitrator pursuant to applicable JAMS Rules. A form for initiating arbitration proceedings, Demand for Arbitration, is available on the JAMS website. In addition to filing the Demand for Arbitration with JAMS, in accordance with its rules and procedures, you must send a copy of the completed form to LasVegas.com at the following address: LasVegas.com, LLC is 24 E. Washington, Ste. 900, Chicago, IL 60602. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, subject to conflict of law principles. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
In the event that JAMS is unable to conduct the arbitration for any reason, you and LasVegas.com will mutually select an alternative arbitration provider, and the arbitration will be conducted pursuant to that provider's applicable rules, including any rules applicable to the filing of mass arbitrations (i.e., cases in which the same law firm or group of law firms initiates arbitrations on behalf of claimant(s) in similar cases).
If the agreement to arbitrate is held unenforceable or invalid for any reason, any litigation against LasVegas.com (except for small claims court actions, as discussed above) may be commenced only in a federal or state court located within Cook County, Illinois, and you and we each consent to the jurisdiction of those courts for such purposes. The class action waiver set forth below shall still apply to the fullest extent permitted by law.
Arbitration Demand: Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party's identity, a statement of the legal claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this arbitration agreement and to these Terms and Conditions and has paid any necessary filing fees in connection with such arbitration. If the claimant is represented by counsel, the arbitration demand shall also include counsel's name, telephone number, mailing address, and email address. Such counsel must also sign the arbitration demand. By signing the arbitration demand, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) any factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator, Process Administrator (in the case of a Mass Filing, as defined below), and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator or Process Administrator has the right to impose sanctions for any claims the arbitrator or Process Administrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not a party to this arbitration agreement or to these Terms and Conditions.
Selection of Arbitrator: Subject to the Batching provisions described below, the parties agree that there will be one arbitrator, and that the parties shall initially attempt to agree upon an arbitrator selected from the JAMS roster of neutral arbitrators pursuant to the applicable JAMS rules. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Arbitration Demand, the process for appointing an arbitrator will be the following manner: JAMS shall simultaneously send the parties an identical list of at least five (5) arbitrator candidates, in accordance with applicable JAMS Rules. For a dispute or claim relating to the intellectual property of you, LasVegas.com, or any of LasVegas.com's corporate family members (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents), the list provided by JAMS shall be limited to individuals who either previously served as a federal judge or is an attorney who has specialized in intellectual property law for at least ten (10) years.
The parties will confer to attempt to agree to an arbitrator from the submitted list and to advise JAMS of their agreement. If the parties are unable to agree upon an arbitrator, each party to the dispute shall have 14 calendar days from the transmittal date in which to strike names objected to, number the remaining names in order of preference, and return the list to JAMS. The parties are not required to exchange selection lists. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable to that party. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, JAMS shall invite the acceptance of an arbitrator to serve. If the parties fail to agree on any of the persons named, or if acceptable arbitrators are unable to act, or if for any other reason the appointment cannot be made from the submitted lists, JAMS shall have the power to make the appointment from among its roster of neutral arbitrators without the submission of additional lists, except that for the appointment of an arbitrator for a dispute or claim relating to the intellectual property of you, LasVegas.com, or any of LasVegas.com's corporate family members (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents), the individual appointed shall either previously have served as a federal judge or be an attorney who has specialized in intellectual property law for at least ten (10) years.
Dispositive Motions: Subject to the applicable JAMS Rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.
Batching: To increase the efficiency of administration and resolution of arbitrations, in the event seventy-five (75) or more claimants submit similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief), the parties are represented by the same or coordinated counsel, and the demands are submitted to JAMS (or another arbitration provider selected in accordance with the arbitration agreement if JAMS is unavailable) ("Mass Filing"), the parties agree that JAMS shall first appoint a Process Administrator, in accordance with the JAMS Mass Arbitration Procedures and Guidelines, to administer a process for batching the arbitration demands as follows. As part of that process, JAMS shall: (A) administer the arbitration demands in batches of no less than one hundred (100) demands per batch, to the extent permitted by applicable law (to the extent there are fewer than one hundred (100) arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (B) appoint one merits arbitrator for each batch; (C) provide for the resolution of each batch as a single consolidated arbitration with one procedural calendar and one final award; (D) apply one filing fee per side for the arbitration of all of the arbitration demands, and one arbitration filing fee per batch, as provided in JAMS' Mass Arbitration Procedures Fee Schedule; and (E) assess fees associated with a demand for arbitration included in a Mass Filing, including fees owed by LasVegas.com and the claimants, shall only be due after the demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication. Arbitration awards in one batch of arbitration demands shall have no precedential effect on subsequently administered batches. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.
Selection of a merits arbitrator for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS Rules and procedures for such selection, including as described in JAMS' Mass Arbitration Procedures and Guidelines, and the merits arbitrator will determine the location (if any) where the proceedings will be conducted.
You and LasVegas.com agree to cooperate in good faith with the arbitration provider to implement such a "batch approach" or other similar approach to provide for an efficient and fair resolution of claims, and to reasonably minimize the time and costs of arbitration. The parties further agree to cooperate with each other and the arbitration provider, arbitrator, or Process Administrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a Process Administrator appointed by JAMS per its Mass Arbitration Procedures and Guidelines. Notwithstanding the foregoing, any challenge by a party to the applicability, validity, or enforceability of this "Batching" provision shall be decided only by a court of competent jurisdiction and not by an arbitrator.
In the event that this "Batching" provision is found to be invalid or unenforceable, or in the event that JAMS (or another arbitration provider selected in accordance with this arbitration agreement if JAMS is unavailable) declines to implement this "Batching" provision for any reason, the entire arbitration agreement shall be of no force and effect when there are seventy-five (75) or more individual arbitration demands relating to the same or similar facts and asserting the same or similar claims for relief, brought by claimants represented by the same counsel or counsel coordinating with one another. The Class Action, Class Arbitration, and Collective Relief Waiver, however, will still apply to the extent permitted by law.
This "Batching" provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of JAMS' Mass Arbitration Procedures Fee Schedule, or authorizing class arbitration of any kind.
Documents-Only Adjudication: If the amount in controversy for an arbitration demand does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and LasVegas.com submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. If the amount in controversy exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference, unless the parties agree otherwise. In the context of a Mass Filing, the amount in controversy shall be determined by the amount demanded in each individual arbitration demand, rather than the total amount in controversy for an individual batch or Mass Filing as a whole.
Arbitration Fees and Costs; Attorneys' Fees and Expenses: Payment of all filing, administration, and arbitrator fees will be governed by JAMS' Rules, including, in the case of a Mass Filing, JAMS' Mass Arbitration Procedures Fee Schedule, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, we will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).
Each party is responsible for his, her, or its own attorneys' fees and expenses, and LasVegas.com will not pay your attorneys' fees or expenses except to the extent ordered to do so by the arbitrator. If you prevail in arbitration, however, you will be entitled to an award of reasonable attorneys' fees and expenses to the extent allowed for under applicable law and ordered by the arbitrator. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous according to Federal Rule of Civil Procedure 11, or brought for an improper purpose, you agree to reimburse LasVegas.com for all fees associated with the arbitration paid by LasVegas.com that you otherwise would have been obligated to pay under the applicable JAMS Rules. In determining whether an action is frivolous, the arbitrator may consider whether we have offered you a full refund of the sum you paid for items you purchased or have otherwise offered full relief to you in relation to your individual claim. If the arbitrator, upon final disposition of the case, finds your dispute was not frivolous, LasVegas.com will reimburse any filing fees that you paid and were not otherwise reimbursed.
Opting Out: You can choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate and/or the Class Action, Class Arbitration, and Collective Relief Waiver, you must notify LasVegas.com in writing within thirty (30) days of the date that you first access the Site or use of the Site, purchase through our customer call center, or purchase any product from, on, or through LasVegas.com, or otherwise first become subject to this arbitration agreement; otherwise you shall be bound to arbitrate disputes on an individual basis in accordance with the terms of this arbitration agreement. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with LasVegas.com through arbitration. Written notification should be mailed by certified mail to: LasVegas.com, LLC is 24 E. Washington, Ste. 900, Chicago, IL 60602. If you do not opt out within thirty (30) days, then you accept all terms and conditions of the arbitration and dispute resolution procedures described above. If you opt out of only the arbitration provisions, and not also the Class Action, Class Arbitration, and Collective Action Waiver, the Class Action, Class Arbitration, and Collective Action Waiver still applies. You may not opt out of only the Class Action, Class Arbitration, and Collective Action Waiver and not also the arbitration provisions; accordingly, if you opt out of the Class Action, Class Arbitration, and Collective Action Waiver, you may not bring your claim in arbitration and may bring it only in court. If you opt out of the arbitration provisions, LasVegas.com also will not be bound by them.
LasVegas.com will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms and Conditions pursuant to the requirements set forth in that version. If you do not timely opt out of this arbitration agreement, such action shall constitute mutual acceptance of the terms of these arbitration and Class Action, Class Arbitration, and Collective Action Waiver provisions by you and LasVegas.com. If you agreed to previous and/or other arbitration agreement(s) with LasVegas.com and opt out of this arbitration agreement, you remain bound by those prior and/or other arbitration agreement(s) and must arbitrate any and all claims or disputes covered by those prior and/or other arbitration agreement(s), regardless of whether those claims or disputes arise after the date you execute this agreement.
Waiver of Rights Including Jury Trial: The parties understand that ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND LASVEGAS.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Class Action, Class Arbitration, and Collective Relief Waiver: To the fullest extent permitted by applicable law, you and LasVegas.com each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY'S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING ("Class Action"). You and LasVegas.com AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and LasVegas.com EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and LasVegas.com agree that THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, You can seek public injunctive relief to the extent authorized by law, warranted by an individual claim(s), and consistent with the Exceptions clause above, and the "Batching" provision above shall also remain in effect where applicable.
IF THIS CLASS ACTION, CLASS ARBITRATION, AND COLLECTIVE RELIEF WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL ONLY PROCEED IN COURT AS PROVIDED HEREIN, BUT SHALL BE SEVERED AND STAYED PENDING INDIVIDUAL ARBITRATION OF ANY REMAINING CLAIMS. IF THIS CLASS ACTION, CLASS ARBITRATION, AND COLLECTIVE RELIEF WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE AS TO AN ENTIRE DISPUTE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH DISPUTE SO LONG AS THE DISPUTE IS PERMITTED TO PROCEED AS A CLASS ACTION.
If there is a final judicial determination that applicable law precludes enforcement of the limitations of this Class Action, Class Arbitration, and Collective Relief Waiver as to a particular claim or remedy, then that claim, or remedy (and only that claim or remedy) must be severed from the arbitration and may be brought in court and not in arbitration. The parties agree, however, that any adjudication of claims or remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
This provision does not prevent you or LasVegas.com from participating in a class-wide settlement of claims.
No Class or Consolidated Arbitration Absent Written Consent: Unless LasVegas.com otherwise consents in writing, LasVegas.com does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances. For the avoidance of doubt, however, the "Batching" provision herein shall still apply.
Confidentiality: Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing, testimony, and the arbitration award - will be confidential and will not be disclosed to any third party, except to the arbitrator and their staff, the parties' attorneys and their staff, and any experts retained by the parties, or as necessary to obtain court confirmation of the arbitration award or as otherwise required by law.
Arbitration Award: The arbitrator will render an award within the time frame specified in the applicable JAMS Rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this arbitration agreement, and subject to the "Exceptions" provision above. The parties agree that the damages and/or other relief must be consistent with the "Class Action, Class Arbitration, and Collective Relief" provision above, and also must be consistent with the terms of the "Limitation of Liability" section of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If the procedures set forth in the "Batching" provision apply, then arbitration awards in one batch shall have no precedential effect on subsequently administered batches. Attorneys' fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration and awarded by the arbitrator.
15. FEES AND PAYMENT. Some of the Services require payment of fees. You shall pay all applicable fees, as described on the Site in connection with such Services selected by you. LasVegas.com reserves the right to change its price list and to institute new charges at any time, without any prior notice to you. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
16. DISPLAYED RATES, TAXES AND FEES. For transactions that include a non-packaged hotel, the room rate displayed on the Site is a combination of: (i) the varying net room rate that has been pre-negotiated with hotel suppliers; and (ii) the varying mark-up of such net room rate that LasVegas.com and/or its partners retain as compensation for their services. For air and hotel package transactions, the rates displayed on the Site are a combination of either: (i) the varying net airfare and room rate that LasVegas.com and/or its partners has pre-negotiated with airline and hotel suppliers plus the varying mark-up of the net rate(s) that LasVegas.com and/or its partners retain as compensation for their services; OR (ii) the varying bundled net air and hotel package rate that is received from airline and hotel package suppliers plus the varying mark-up of the net rate(s) that LasVegas.com and/or its partners retain as compensation for their services.
The taxes and fees displayed for non-packaged hotel transactions and bundled air and hotel packages are a combination of: (i) tax recovery charges that are remitted directly to the suppliers (see below for a full explanation); and (ii) varying service fees that include the hard costs that are incurred in the processing of your transaction as well as compensation for LasVegas.com's and/or its partners' services.
The tax charge on hotel transactions and air and hotel transactions is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, and other similar taxes) that are paid to the vendors (e.g. hotels, airlines, etc.) in connection with your travel reservations. LasVegas.com and/or its partners are not remitting said tax to the applicable tax authorities. The suppliers bill all applicable taxes to LasVegas.com and/or its partners and we remit such taxes directly to the supplier. LasVegas.com and/or its partners are not co-vendors associated with the supplier with whom travel arrangements are booked. The actual tax cost paid to the supplier may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of actual use by you.
Hotel taxes are applied to the net room rate that is paid to the supplier for the hotel room. The service fee charged for hotel transactions and air and hotel transactions is a varying percentage that is applied to the sum of the item subtotal plus taxes.
For transactions that include event tickets, note that ticket prices may be above "face value" listed on the ticket (they may also be below "face value").
17. LINKS. This Site contains links to other web sites which are provided solely as a convenience to you and not as an endorsement by LasVegas.com, its third-party providers or distributors of the contents of such other web sites. Neither LasVegas.com nor any third-party provider or distributor shall be responsible for the Content of any other web sites. Neither the LasVegas.com nor any third-party provider or distributor make any representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
18. ATTORNEY'S FEES. If LasVegas.com or its affiliates take any action to enforce this Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
19. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of the Terms and Conditions will cause such damage to LasVegas.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that LasVegas.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms and Conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by LasVegas.com in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such an injunction.
20. SELLER OF TRAVEL LasVegas.com is a registered seller of travel in Nevada under the state's seller of travel regulations.
Nevada Seller of Travel. Registration No. 2003-0113.
21. NOTIFICATION AND CONTACT INFORMATION. To the extent that LasVegas.com may need to contact you, you agree that LasVegas.com may do so via any electronic means, included but not limited to communication posted on the Site or electronic mail. If you have any questions or concerns about these Terms and Conditions or if you need further assistance with respect to access to or use of the Site or the services offered by LasVegas.com, you may contact our Customer Service department as indicated below. LasVegas.com will attempt to respond to your questions or concerns promptly upon receipt.
Mailing Address: 6185 S Valley View Blvd, Suite R, Las Vegas, NV, 891183
Email: customerservice@LasVegas.com
Telephone: 1-866-287-2028
22. MODIFICATION. LasVegas.com has the right, in its sole discretion, to modify, suspend, or discontinue any part of this Site at any time, with or without notice.
23. CHANGES IN TERMS AND CONDITIONS. LasVegas.com reserves the right, in its sole discretion, to change these Terms and Conditions at any time. If LasVegas.com changes any term or condition, said modification, revision and additional information shall be posted here, automatically replace the existing terms and conditions, become effective immediately, and become binding on all users of this Site to the extent permitted by applicable law. Your continued use of the Site following LasVegas.com's posting of revised terms and conditions constitutes your acceptance of the revised agreement to the extent permitted by applicable law.
If you reject any such changes by opting out of the revised arbitration agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law with respect to claims concerning or arising under the revised arbitration agreement. If you agreed to this arbitration agreement or a previous arbitration agreement with LasVegas.com and opt out of the revised arbitration agreement, you remain bound by this arbitration agreement and/or any prior arbitration agreement to which you did not opt out and must arbitrate any and all claims or disputes covered by this arbitration agreement and/or any such prior arbitration agreement, regardless of whether those claims or disputes arise after the date of the revised arbitration agreement. If LasVegas.com changes the terms of the arbitration sections after the date you first accepted the Terms and Conditions (or accepted any subsequent changes to the Terms and Conditions), you agree that your continued use of the site, or your continued purchases through our customer call center or of any product from or through LasVegas.com, after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described herein.
24. FORCE MAJEURE. LasVegas.com shall not be deemed in default or otherwise liable under these Terms and Conditions due to its inability to perform its obligations by reason of any act of God, fire, earthquake, blizzard, flood, epidemic, pandemic, danger to public health or safety, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, law, ordinance, regulation, legal order (unless caused by LasVegas.com's default hereunder), failure or delay of any transportation, power, or communications system or any other similar cause not under LasVegas.com's control.
25. ALLOCATION OF RISK. You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk and that the pricing and other terms and conditions of this agreement reflect such allocation of risk.
26. ADDITIONAL PROVISIONS.
No agency, partnership, joint venture or other relationship is intended or created by your use of the Site.
These Terms and Conditions, the use of LasVegas.com and any purchases of tickets hereunder will be governed by the laws of the State of Illinois, subject to conflict of law principles.
These Terms and Conditions contain the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied.
All waivers by LasVegas.com under these Terms and Conditions must be in writing or later acknowledged by LasVegas.com in writing. Any waiver or failure by LasVegas.com to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver by LasVegas.com of any other provision or of such provision on any other occasion.
If any provision of these Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, that provision will be ineffective to the extent necessary to comply with applicable law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the applicable law, and the remaining provisions in this agreement will remain in full force (except as discussed above with respect to the "Class Action, Class Arbitration, and Collective Relief Waiver" and "Batching" provisions).
If any provision of these Terms and Conditions are held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected (except as discussed above with respect to the "Class Action, Class Arbitration, and Collective Relief Waiver" and "Batching" provisions). Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.
The heading at the beginning of each paragraph is for reference purposes and in no way defines the scope or extent of such paragraph.
Without limitation, you agree that a printed version of these Terms and Conditions and of any notice given in electronic or other written form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. LasVegas.com will not be responsible for failures to fulfill any obligations due to causes beyond its control.
TERMS AND CONDITIONS OF USE("Terms and Conditions")
PLEASE READ THIS USER AGREEMENT (THIS "AGREEMENT") CAREFULLY BEFORE USING THE LasLasVegas.com WEB SITE (THE "SITE"). YOUR USE OF THE SITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THE TERMS AND CONDITIONS AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS, THEN YOU ARE NOT PERMITTED TO USE THIS SITE.
1. OWNERSHIP. The Site is owned and operated by LasLasVegas.com, LLC ("LasLasVegas.com"). The mailing address for LasLasVegas.com, LLC is 6185 S Valley View Blvd, Suite R, Las Vegas, NV, 89118.
2. ACCESS TO THE SERVICES. Subject to the Terms and Conditions of this Agreement, LasLasVegas.com may offer to provide certain products and services, as described more fully on the Site, and which are selected by you through the process provided on the Site ("Services"), solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services LasLasVegas.com performs for you, as well as the offering of any content on the Site. LasLasVegas.com may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. LasLasVegas.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. LasLasVegas.com reserves the right to update or modify the Terms and Conditions at any time without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, LasLasVegas.com encourages you to review the Terms and Conditions whenever you use the Site.
You certify to LasLasVegas.com that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
LasLasVegas.com cannot promise that access to the Site will be uninterrupted or available at all times. LasLasVegas.com assumes no liability or responsibility for any delay, interruption, or downtime.
3. SITE CONTENT. The Site and its contents are intended solely for the use of LasLasVegas.com users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from LasLasVegas.com, or from the copyright holder identified in such Content's copyright notice.
4. NOTIFICATION OF COPYRIGHT INFRINGEMENT. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please provide LasLasVegas.com with written notice of same ("Notice"). Such Notice should be provided only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site.
5. RESTRICTIONS. You are responsible for all of your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any LasLasVegas.com user.
You are expressly prohibited from using the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site. You further agree to refrain from making any attempt to harvest or otherwise collect or compile information about others, including e-mail addresses or personal data, without their consent.
6. SUBMISSIONS. You are welcome to submit comments regarding the Site. However, by sending any comments, feedback, notes, messages, ideas, suggestions or other communications ("User Submissions"), you hereby grant to LasLasVegas.com a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, display, license, sublicense, adapt, distribute, publicly perform, publish, transmit, modify, edit, translate, and otherwise exploit such User Submissions, in all media now known or hereafter developed. You hereby waive any claim against LasLasVegas.com for any alleged or actual infringement of any intellectual property rights, other proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution in connection with any such User Submissions.
You agree to submit only User Submissions that are proper, lawful, and related to the purposes of the Site. You agree that you will not, and will not permit others to, submit any User Submissions that: (i) infringe any intellectual property, privacy, or publicity rights of a third party; (ii) are obscene, vulgar, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to a third party; (iii) constitute, or encourage conduct that would constitute, a criminal office, give rise to civil liability, or otherwise violate law; (iv) contain a virus or other harmful component; (v) constitute or contain false or misleading indications of origin, statements of fact, or impersonations of another person or entity; (vi) constitute advertising or solicitation of business; (vii) disrupt the normal flow of activity on the Site; or (viii) constitute chain letters, pyramid schemes, virus hoaxes, false alarm messages, "spam," or similar material.
7. PRIVACY. The terms of the Privacy Policy are incorporated herein. You have read the LasLasVegas.com's Privacy Policy and agree that the terms of the Privacy Policy are reasonable. Your acceptance of these Terms and Conditions is also your consent to the information practices in the Privacy Policy.
8. WARRANTY DISCLAIMER. LasLasVegas.com has no special relationship with or fiduciary duty to you. You acknowledge that LasLasVegas.com has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release LasLasVegas.com from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. LasLasVegas.com makes no representations concerning any Content contained in or accessed through the Site, and LasLasVegas.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. §§ 2701-2711). LasLasVegas.com makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any web site linked to the Site. LasLasVegas.com will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on LasLasVegas.com's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
10. REGISTRATION AND SECURITY. As a condition to using Services, you may be required to register with LasLasVegas.com and select a password and user name ("LasLasVegas.com User ID"). You shall provide LasLasVegas.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not: (i) select or use as a LasLasVegas.com User ID a name of another person with the intent to impersonate that person, or (ii) use as a LasLasVegas.com User ID a name subject to any rights of a person other than you without appropriate authorization. LasLasVegas.com reserves the right to refuse registration of, or cancel a LasLasVegas.com User ID in its discretion. You shall be responsible for maintaining the confidentiality of your LasLasVegas.com password.
11. INDEMNITY. You agree to defend, indemnify and hold harmless LasLasVegas.com, its affiliated companies and their respective officers, directors, shareholders, employees, and agents, from and against any claims, actions, demands, damages, losses, liabilities, costs, or expenses, including, without limitation, reasonable legal and accounting frees, resulting from or arising out of your breach of the Terms and Conditions, your use of the Site, User Submissions submitted by you, or your use of any information obtained from the Site or any Content.
12. LIMITATION OF LIABILITY. Under no circumstances shall LasLasVegas.com, its affiliates or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortuous action, even if an authorized representative of LasLasVegas.com or its affiliates has been advised or should have known of the possibility of such damages. If you are dissatisfied with the Site or any content on the Site, or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then the aggregate liability of LasLasVegas.com and its affiliates in such circumstances for liabilities that otherwise would have been limited shall not exceed [two hundred fifty dollars (U.S. $250.00)].
The carriers, hotels and other suppliers or partners providing travel or other services for LasLasVegas.com are independent contractors and not agents or employees of LasLasVegas.com or its affiliates. LasLasVegas.com and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such supplier or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. LasLasVegas.com and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control. LasLasVegas.com and its affiliates have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
13. FEES AND PAYMENT.
Some of the Services require payment of fees. You shall pay all applicable fees, as
described on the Site in connection with such Services selected by you. LasLasVegas.com
reserves the right to change its price list and to institute new charges at any
time, upon ten (10) days prior notice to you, which may be sent by email or posted
on the Site. Use of the Services by you following such notification constitutes your
acceptance of any new or increased charges.
14. DISPLAYED RATES, TAXES AND
FEES. For transactions that include a non-packaged hotel, the room rate displayed on
the Site is a combination of: (i) the varying net room rate that has been
pre-negotiated with hotel suppliers; and (ii) the varying mark-up of such net room
rate that LasLasVegas.com and/or its partners retain as compensation for their services.
For air and hotel package transactions, the rates displayed on the Site are a
combination of either: (i) the varying net airfare and room rate that LasLasVegas.com
and/or its partners has pre-negotiated with airline and hotel suppliers plus the
varying mark-up of the net rate(s) that LasLasVegas.com and/or its partners retain as
compensation for their services; OR (ii) the varying bundled net air and hotel
package rate that is received from airline and hotel package suppliers plus the
varying mark-up of the net rate(s) that LasLasVegas.com and/or its partners retain as
compensation for their services.
The taxes and fees displayed for
non-packaged hotel transactions and bundled air and hotel packages are a combination
of: (i) tax recovery charges that are remitted directly to the suppliers (see below
for a full explanation); and (ii) varying service fees that include the hard costs
that are incurred in the processing of your transaction as well as compensation for
LasLasVegas.com's and/or its partners' services.
The tax charge on hotel
transactions and air and hotel transactions is a recovery of all applicable
transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added
tax, and other similar taxes) that are paid to the vendors (e.g. hotels, airlines,
etc.) in connection with your travel reservations. LasLasVegas.com and/or its partners are
not remitting said tax to the applicable tax authorities. The suppliers bill all
applicable taxes to LasLasVegas.com and/or its partners and we remit such taxes directly
to the supplier. LasLasVegas.com and/or its partners are not co-vendors associated with
the supplier with whom travel arrangements are booked. The actual tax cost paid to
the supplier may vary from the tax recovery charge, depending upon the rates,
taxability, etc. in effect at the time of actual use by you.
Hotel taxes
are applied to the net room rate that is paid to the supplier for the hotel room.
The service fee charged for hotel transactions and air and hotel transactions is a
varying percentage that is applied to the sum of the item subtotal plus
taxes.
15.
LINKS. This Site contains links to other web sites which are provided solely as a
convenience to you and not as an endorsement by LasLasVegas.com, its third party providers
or distributors of the contents of such other web sites. Neither LasLasVegas.com nor any
third party provider or distributor shall be responsible for the Content of any
other web sites. Neither the LasLasVegas.com nor any third party provider or distributor
make any representation or warranty regarding any other web sites or the contents or
materials on such web sites. If you decide to access other web sites, you do so at
your own risk.
16. ATTORNEY'S FEES. If LasLasVegas.com or its affiliates take any action to enforce this Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
17. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of this Agreement and the Terms and Conditions will cause such damage to LasLasVegas.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that LasLasVegas.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms and Conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by LasLasVegas.com in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
18. TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means. LasLasVegas.com may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the Terms and Conditions of this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
19. SELLER OF TRAVEL
LasLasVegas.com is a registered seller of travel in Nevada under the
state's seller of travel regulations.
Nevada Seller of Travel.
Registration No. 2003-0113.
20. NOTIFICATION AND CONTACT INFORMATION. To the extent that LasLasVegas.com may need to contact you, you agree that LasLasVegas.com may do so via any electronic means, included but not limited to communication posted on the Site or electronic mail. If you have any questions or concerns about these Terms and Conditions or if you need further assistance with respect to access to or use of the Site or the services offered by LasLasVegas.com, you may contact our Customer Service department as indicated below. LasLasVegas.com will attempt to respond to your questions or concerns promptly upon receipt.
- Postal contact:LasLasVegas.com, Attn: Customer Privacy, 6185 S Valley View Blvd, Suite R, Las Vegas, NV, 89118.
- E-mail contact:customerservice@LasLasVegas.com
- Telephone contact:1-866-287-2028
21. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. LasLasVegas.com shall not be liable for any failure to perform its obligations hereunder when such failure results from any cause beyond LasLasVegas.com's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with LasLasVegas.com's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Nevada without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind LasLasVegas.com in any respect whatsoever.