Privacy Policy

Agreement Between User And Port Madison Enterprises (“PME”)

The PME Web Site is comprised of various Web Sites and Web pages operated by PME and its various divisions and subsidiaries (collectively, “The PME Web Site”), including without limitation: www.portmadisonenterprises.com, www.clearwatercasino.com, www.kianalodge.com, www.whitehorsegolf.com, www.portmadisonconstruction.com, and www.pme-cc.com. The Clearwater Casino Mobile App is comprised of various pages and tools operated by PME and its various divisions and subsidiaries.

The PME Web Site and Clearwater Casino Mobile App are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the PME Web Site or Clearwater Casino Mobile App constitutes your agreement to all such terms, conditions, and notices. Nothing on the PME Web Site or Clearwater Casino Mobile App may be construed as a waiver of PME’s sovereign immunity, which PME hereby expressly retains.

MODIFICATION OF THESE TERMS OF USE
PME reserves the right to change the terms, conditions, and notices under which the PME Web Site or Clearwater Casino Mobile App are offered, including but not limited to any charges associated with the use of the PME Web Site or Clearwater Casino Mobile App.

LINKS TO THIRD PARTY SITES

The PME Web Site or Clearwater Casino Mobile App may contain links to other Web Sites

(“Linked Sites”). The Linked Sites are not under the control of PME and PME is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PME is not responsible for webcasting or any other form of transmission received from any Linked Site. PME is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PME of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the PME Web Site or Clearwater Casino Mobile App, you warrant to PME that you will not use the PME Web Site or Clearwater Casino Mobile App for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the PME Web Site or Clearwater Casino Mobile App in any manner which could damage, disable, overburden, or impair the PME Web Site or Clearwater Casino Mobile App or interfere with any other party’s use and enjoyment of the PME Web Site or Clearwater Casino Mobile App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PME Web Sites or Clearwater Casino Mobile App.

PRIVACY POLICY

Certain pages of the PME Web Site and Clearwater Casino Mobile App include areas where visitors have the opportunity to provide personally identifiable information such as name, phone number, and e-mail address in order to request details about PME and/or its affiliates and subsidiaries. That voluntarily-submitted information is used to respond to visitor inquiries.

PME and its subsidiaries and affiliates may also use web site and mobile app tracking software to capture technical information that is stored on our server log files, including without limitation the user’s domain, the type of Internet browser being used, which web pages are visited, the amount of time spent on the PME Web Site or Clearwater Casino Mobile App, and the user’s location, which may also be collected by the Clearwater Casino Mobile App when that app is not in use.

Other web pages within the PME Web Site and Clearwater Casino Mobile App may contain additional terms or policies concerning the privacy and/or use of user information by certain affiliates, subsidiaries, or divisions of PME. The terms and policies on those web pages will govern the use of the web pages for such affiliate, subsidiary, or division.

USE OF COMMUNICATION SERVICES

The PME Web Site and Clearwater Casino Mobile App may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or

PME has no obligation to monitor the Communication Services. However, PME reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PME reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

PME reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PME’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PME does not control or endorse the content, messages or information found in any Communication Service and, therefore, PME specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PME spokespersons, and their views do not necessarily reflect those of PME.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO PME OR POSTED AT ANY PME WEB SITE OR MOBILE APP

PME does not claim ownership of the materials you provide to PME (including feedback and suggestions) or post, upload, input or submit to any PME Web Site, Clearwater Casino Mobile App, or their associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting PME, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. PME is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in PME’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PME WEB SITE AND CLEARWATER CASINO MOBILE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PME AND/OR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, AND MEMBERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PME WEB SITE OR CLEARWATER CASINO MOBILE APP AT ANY TIME. ADVICE RECEIVED VIA THE PME WEB SITE OR CLEARWATER CASINO MOBILE APP SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

PME AND/OR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, AND MEMBERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PME WEB SITE OR CLEARWATER CASINO MOBILE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND USE OF THE PME WEBSITE AND CLEARWATER CASINO MOBILE APP IS ENTIRELY AT THE USER’S RISK. PME AND/OR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, AND MEMBERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PME AND/OR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, AND MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PME WEB SITE OR CLEARWATER CASINO MOBILE APP, WITH THE DELAY OR INABILITY TO USE THE PME WEB SITE OR CLEARWATER CASINO MOBILE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PME WEB SITE OR CLEARWATER CASINO MOBILE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE PME WEB SITE OR CLEARWATER CASINO MOBILE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PME AND/OR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, AND MEMBERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE

DISSATISFIED WITH ANY PORTION OF THE PME WEB SITE OR CLEARWATER CASINO MOBILE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PME WEB SITE OR CLEARWATER CASINO MOBILE APP. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS PME AND/OR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, AND MEMBERS FROM AND AGAINST ALL CLAIMS ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE PME WEBSITE OR CLEARWATER CASINO MOBILE APP, A VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY OTHER ACTIONS CONNECTED TO YOUR USE OF THE PME WEBSITE OR CLEARWATER CASINO MOBILE APP, INCLUDING ANY LIABILITY OR EXPENSE, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS, AND ATTORNEY’S FEES.

TERMINATION/ACCESS RESTRICTION

PME reserves the right, in its sole discretion, to terminate your access to the PME Web Site or Clearwater Casino Mobile App and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the Suquamish Indian Tribe and the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of the Suquamish Tribal Court in all disputes arising out of or relating to the use of the PME Web Site or Clearwater Casino Mobile App. Notwithstanding anything to the contrary in these Terms of Use or any other page or part of the PME Web Site or Clearwater Casino Mobile App, nothing in these Terms of Use or such other page(s) or part(s) of the PME Web Site or Clearwater Casino Mobile App shall be construed as a waiver of the sovereign immunity of Port Madison Enterprises or of any of its affiliates or subsidiaries, or of any employee, officer, or representative of any of them, which sovereign immunity is hereby expressly retained. The views, expressions, or other content displayed on the PME Web Site or Clearwater Casino Mobile App do not necessarily reflect and may not be attributed to the Suquamish Indian Tribe or any of its government officials or other government agencies, or of any officials, representatives, or employees of any of them. Use of the PME Web Site or Clearwater Casino Mobile App is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PME as a result of this agreement or use of the PME Web Site or Clearwater Casino Mobile App. PME’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PME’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the PME Web Site or Clearwater Casino Mobile App or information provided to or gathered by PME with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PME with respect to the PME Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and PME with respect to the PME Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

TRADEMARKS

The names of actual companies and products mentioned herein, including without limitation of Port Madison Enterprises, PME, and its various subsidiaries and divisions, may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to PME’s Designated Agent:

Port Madison Enterprises ATTN: General Counsel 15347 Suquamish Way NE Suquamish, WA 98392
360-598-8700
Legal@clearwatercasino.com