Terms & Conditions

THESE TERMS CONTAIN A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION. AS FURTHER SET FORTH IN THE "DISPUTE RESOLUTION" SECTION BELOW, THIS MEANS THAT ANY DISPUTES BETWEEN US WILL BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN IN COURT BY A JUDGE OR JURY. THESE PROVISIONS ALSO PROHIBIT YOU FROM PARTICIPATING IN ANY SORT OF CLASS OR REPRESENTATIVE ACTION AGAINST DiscountGaming.

Your Account

To participate in the Program or to sign up for a Membership, you will create a DiscountGaming account (the “Account” or “DiscountGaming Account”). You may have only one (1) DiscountGaming Account as part of the Program. Creation of multiple DiscountGaming Accounts can result in termination of all your DiscountGaming Accounts, Membership(s) and/or associated activities. Members are responsible for maintaining accurate and updated personal information in their DiscountGaming Account.

You can create a free DiscountGaming Account without participating in the Program. However, you will not receive the benefits of the Program unless you have a Membership in good standing in the Program.

Members can obtain information about the Program, their DiscountGaming Account activity, and change their profile preferences and contact information at any time by visiting https://discountgaming.company.site/products/accou.... DiscountGaming Account and Program information may also be obtained by contacting DiscountGaming Guest Care (“Guest Care”) as described in the Contact Us section below.

You are responsible for notifying us if you become aware of any unauthorized use of or access to your DiscountGaming Account. To contact us, please see the Contact Us section below. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your DiscountGaming Account. DiscountGaming will not be liable for any loss, damages, liability, expenses, or lawyers’ fees that you may incur as a result of someone else using your password or DiscountGaming Account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by DiscountGaming or a third party due to someone else using your DiscountGaming Account.

Advertising, Marketing Materials, and Other Communications

Members agree to receive advertising, marketing materials, and other communications, including but not limited to, email, SMS text, telephone, push notifications or direct mail, unless expressly prohibited by law.

Accumulation of Points & Points Expiration

Members will receive $10 when signing ups for DiscountGaming at https://discountgaming.retail.lightspeed.app/loyal...

Points are valid for 3 months and members will be able to use these bonus amount anytime through the 3 months

Members will receive 2% loyalty bonus for every purchase while shall be used at checkout.

Prohibited Activities and Uses

Use of the Program for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Abuse of the Program, including failure to comply with these Terms, the Conditions of Use and the Privacy Policy, may result in cancellation or termination of the Member's DiscountGaming Account and/or Membership and disqualification from participation in the Program and forfeiture of all points accumulated. In connection with the enforcement of any of these Terms, DiscountGaming reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys' fees and costs.

Without limitation, you will not:

• post content that: (1) harasses, abuses, or threatens any other person, or that contains obscene content; (2) is false, misleading, or inaccurate; (3) degrades or discriminates against others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or any other classification; (4) is indecent, offensive, harassing, violent, hateful, inflammatory, unlawful, harmful, tortious, defamatory, libelous, or invasive of another's privacy; (5) promotes sexually explicit or pornographic material, violence, or any illegal acts; (6) infringes the legal rights of any person or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms; or (7) gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
• use the Program commercially;
• use the Program for benchmarking, or to compile information for a product or service;
• copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, “mirror,” duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Program, by any means except as provided for in these Terms, or with the prior written consent of DiscountGaming;
• scrape, access, monitor, index, frame, link, or copy any content or information that is found on or is part of the Program by accessing the Program in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Program through a browser or accessing the Program through any API provided or approved by DiscountGaming;
• breach the restrictions in any robot exclusion headers of the Program, if any, or bypass or circumvent other measures employed to prevent or limit access to the Program;
• post material that advocates illegal activity or discusses illegal activities with the intent to commit them;
• post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, "disabling," "lock out," "metering" device, or any malicious code);
• post or do anything that could disable, overburden, or impair the proper working of the Program;
• post material that impedes or otherwise prohibits communication or disrupts Member discussion;
• post, utilize, or otherwise make available any other party's intellectual property unless you have the right to do so, or remove or alter any copyright, trademark, or other proprietary notice contained on the Program;
• post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
• falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody, including use of a false email address;
• solicit Personal Information from other users including without limitation address, credit card or financial account information, or passwords;
• send spam, commercial electronic messages or other advertisements or solicitations, surveys, contents, pyramid schemes, promote commercial entities, or otherwise engage in commercial activity on or through the Program;
• frame, inline link, or similarly display the Program or any portion of the Program;
• breach these Terms, the Conditions of Use, or the Privacy Policy, or any other guidelines or policies posted by Discount Gaming;
• facilitate violations of these Terms, the Conditions of Use, or the Privacy Policy, or
• interfere with any other party’s use or enjoyment of the Program

Copyright and Trademark Notice

All screens appearing on the Sites including graphics, text, design, buttons, logos, images, and icons, as well as the selection, assembly, and arrangement, are the sole property of DiscountGaming or its suppliers and/or licensors, and are protected by U.S. and international copyright laws. The content on the Site is only for the purpose of shopping on the Site or placing an order and for no other purpose. Any other use, including modification, reproduction, uploading, posting, transmission, or distribution in any form or by any means without DiscountGaming's prior written permission, is strictly prohibited. All software used on the Site is the sole property of DiscountGaming or those supplying the software.

DiscountGaming.company.site is trademark or registered trademark of DiscountGaming. From time to time, other DiscountGaming-owned trademarks, icons, service marks or trade dress may be displayed and published on the Site. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks, service marks or trade dress of DiscountGaming in the U.S. and other countries or are the property of their respective owners.

All rights not expressly granted herein are reserved.

Digital Millennium Copyright Act

If you are a copyright owner or a legally authorized representative thereof thereof and believe that any content on any of the Sites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Privacy Policy

The information provided by or collected about You both online and/or in a DiscountGaming retail store is subject to and will be handled according to the DiscountGaming Privacy Policy.

Dispute Resolution

MANDATORY ARBITRATION AND CLASS ACTION WAIVER - PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND DiscountGaming CAN BRING CLAIMS AGAINST EACH OTHER.

THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND DiscountGaming TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY. BY AGREEING TO ARBITRATION, YOU AND DiscountGaming HAVE MORE LIMITED RIGHTS OF APPEAL THAN WE WOULD IN COURT.

a. INFORMAL DISPUTE RESOLUTION,
You and DiscountGaming agree to first attempt to resolve any dispute between us informally. Accordingly, neither you nor DiscountGaming may start a formal arbitration proceeding (or, where permitted by these Terms, a lawsuit) for at least 60 days after one party notifies the other party of a claim in writing. As part of this informal resolution process, You must deliver Your written notice of any dispute via email at Discountgaming2025@gmail.com, or hand or first-class mail to us at DiscountGaming, Attn: 2548 Arthur st, Gary, IN 46404. Your written notice must include: (a) a description of the dispute including the legal basis for any claim and the specific relief sought; (b) any email address(es) or other identifying information associated with Your use of the Program; and (c) Your name and mailing address.

Except with respect to disputes exempt from arbitration under Section c or applications for provisional relief pursuant to Section c, a good faith engagement in informal dispute resolution shall be and is a prerequisite and condition precedent to either party initiating a lawsuit or arbitration. You and DiscountGaming 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.

b. BINDING ARBITRATION.
Following the informal dispute resolution process above, and only if that process is unsuccessful, You and DiscountGaming agree to resolve any dispute between us, or between you and DiscountGaming’s affiliates, through final and binding arbitration as provided in this Section b with three exceptions identified in Section c below. You can opt-out of this arbitration agreement, but only if you do so during the opt-out period in accordance with Section d.

i. SCOPE OF MUTUAL ARBITRATION AGREEMENT.
You and DiscountGaming agree that all claims, disputes, or disagreements that may arise out of or relate to the interpretation, applicability, enforceability, formation, or performance of these Terms, including, but not limited to, any claim that all or any part of these Terms are 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 (each a “Dispute”), shall be resolved exclusively through binding arbitration in accordance with this Section b (collectively, the “Arbitration Agreement”).

Because your participation in the Program and use of any other DiscountGaming service affects interstate commerce, this Arbitration Agreement is governed by the Federal Arbitration Act in all respects, including its interpretation and enforcement.

This Arbitration Agreement supersedes any prior arbitration agreement we may have had and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement, as well as claims that may arise after these Terms or the Program terminate, in accordance with the notice and opt-out provisions set forth in Sections d (“30-Day Right to Opt Out”) and e (“Changes to this Dispute Resolution Section”).

Except as set forth below in Section b(iii), if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, you and DiscountGaming agree that the arbitrator or court should nevertheless try to give effect to our intentions as reflected in the provision, and that the other provisions of the Arbitration Agreement remain in full force and effect.

ii. WAIVER OF JURY TRIAL; DIFFERENCES BETWEEN ARBITRATION AND COURT.
BY ENTERING INTO THIS ARBITRATION AGREEMENT, BOTH YOU AND DiscountGaming HEREBY WAIVE OUR RESPECTIVE CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE DISPUTES RESOLVED IN COURT AND TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

Instead, we elect that all Disputes (except those in Section c) shall be resolved by arbitration. In arbitration, any Dispute will be decided by a neutral arbitrator who has the power to award the same damages and relief as a court. Arbitration procedures are typically less formal, more efficient, and less costly than court proceedings, but they are also in some respects more limited. Rights to discovery in arbitration may be more limited than in a court and there is very limited ability to appeal an arbitration decision or to obtain review of it by a court. It is also possible that the costs of arbitration are greater than those in court.

iii. NO CLASS ACTIONS; CONSOLIDATION PERMITTED.
YOU AND DiscountGaming ACKNOWLEDGE AND AGREE THAT, TO THE MAXIUMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS OTHERWISE SET OUT IN THIS SECTION b(iii), and SECTION b(v)(5) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIMS. NOTWITHSTANDING THIS ACKNOWLEDGEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF DiscountGaming PROVIDES ITS CONSENT TO CONSOLIDATE IT IN WRITING.

With the exception of this Section b(iii) and Section b(v)(5), if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision(s) were not contained herein. If, however, Section b(iii) or Section b(v)(5) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor DiscountGaming shall be entitled to arbitrate the dispute.

Nothing in this Section b(iii) prevents you or DiscountGaming from participating in a class-wide settlement of claims

iv. ARBITRATION LOCATION; USUALLY REMOTE.
If the amount in controversy between you and DiscountGaming is less than $10,000, then the arbitration will be conducted solely by submission of written materials that you and DiscountGamingsubmit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary or (ii) the parties agree otherwise. In such cases, the parties agree to remote participation in the hearing by video-conference or telephone.

If the amount in controversy between you and DiscountGaming exceeds $10,000, either party may request an arbitration hearing, and that hearing shall presumptively be held via video-conference or telephone unless (i) the arbitrator determines there is good cause to hold an in-person hearing or (ii) the parties agree otherwise. In the event there is an in-person hearing: the location of the hearing will be determined by mutual agreement of the parties or, if the parties cannot agree, by the arbitrator in accordance with the applicable provider rules and law.

Notwithstanding anything else in this Section b(iv), the arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.

v. ARBITRATION PROCEDURES, RULES, AND COSTS.

1. THE PROVIDER AND FEES.

The arbitration will be conducted in English, administered by JAMS (“JAMS”), and resolved before a single arbitrator. If JAMS is not available to arbitrate, the parties will select an alternative arbitration provider. Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under Texas law.

Except as modified in this “Dispute Resolution” section, JAMS will administer the arbitration in accordance with the provisions of (i) JAMS Streamlined Arbitration Rules and Procedures, if the amount in dispute between the parties is $250,000 or less, or (ii) JAMS Comprehensive Rules and Procedures, in either case excluding any rules or procedures governing or permitting class or representative actions. If twenty-five (25) or more similar arbitration demands are filed against DiscountGaming by either the same party or similar parties represented by the same law firm or law firms acting in coordination (a “Mass Arbitration”), then JAMS Mass Arbitration Procedures—which permit JAMS under certain circumstances to batch, consolidate, or otherwise coordinate your claim with other similar claims—will apply. The applicable JAMS rules and procedures are available at https://www.jamsadr.com/adr-rules-procedures/.

You are responsible for your own attorneys’ fees and costs unless the arbitration rules and/or applicable law provide otherwise, and the arbitrator determines to award you such fees.

The parties agree that JAMS has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under JAMS Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees JAMS imposes does not constitute a default, waiver, or breach of this “Dispute Resolution” section while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

2. ARBITRATOR’S AUTHORITY.

The arbitrator shall apply federal U.S. laws to claims arising under federal law, and Texas law consistent with the FAA to claims arising under state law (federal law shall apply where Texas law is inconsistent with the FAA / federal law on issues relating to arbitration). The arbitrator shall apply all federal and state statutes of limitations applicable in court to either party’s arbitration demands. The arbitrator shall also honor claims of privilege recognized at law. Notwithstanding the foregoing, the Federal Rules of Evidence shall apply to all arbitration proceedings. The United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to these Terms and this Arbitration Agreement.

The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with JAMS rules and procedures for any claims the arbitrator 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 for a party’s failure to engage in informal dispute resolution.

The parties may settle any Dispute on a mutual basis without involvement of the arbitrator.

3. SUFFICIENCY OF 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, the claims being asserted, and the factual allegations on which they are based. The demand must also include proof that the claimant is party to this Arbitration Agreement and to these Terms. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements and may impose sanctions consistent with Section (b)(v)(2) for frivolous claims, including any claim filed on behalf of an individual who is not a party to these Terms or this Arbitration Agreement.

Any arbitration demand initiated by you must be delivered in writing within the applicable statute of limitations period via email at DiscountGaming2025@gmail.com, or by hand or first-class mail to DiscountGaming, Attn: 2548 Arthur st, Gary, IN 46404.

4. DISPOSITIVE MOTIONS AND DISCOVERY.

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.

All discovery in an arbitration proceeding shall be subject to any and all objections available under Federal Rule of Civil Procedure 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information. If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.

5. BATCHING.

To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to JAMS (or another arbitration provider selected in accordance with Section b(v)(1) if JAMS is unavailable) against DiscountGaming within reasonably close temporal proximity (“Mass Filing”), the parties agree:

(A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with no more than one batch filed, processed, and adjudicated at a time, unless DiscountGaming and claimants’ counsel for the Mass Filing agree that more than one batch should proceed simultaneously to facilitate the efficient resolution of claims;

(B) to designate one arbitrator for each batch;

(C) to accept applicable fees, including any related fee reduction determined by JAMS (or another arbitration provider selected in accordance with b(v)(1) if JAMS is unavailable) in its discretion;

(D) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of up to 100 demands is filed, processed, and adjudicated, subject to the parties’ decision to permit simultaneous batching;

(E) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by DiscountGaming and the claimants, shall only be due after a demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and

(F) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved.

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.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS rules and procedures for such selection, and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by applicable law exceed those provided for in the JAMS rules, and the arbitrator will determine the location where the proceedings will be conducted, including if they will be conducted remotely as otherwise set forth in this Arbitration Agreement.

You and DiscountGaming agree to cooperate in good faith with each other, the arbitration provider, and the arbitrator to implement this “batching approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by JAMS (or the alternatively selected provider) in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and we agree that the arbitration provider or arbitrator may increase or decrease the batch size, or transfer a case between batches in their reasoned discretion. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a JAMS process arbitrator.

This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of JAMS Mass Arbitration Procedures or authorizing class arbitration of any kind.

6. MEDIATION FOLLOWING FIRST BATCH IN A MASS FILING.

The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a JAMS mediator selected from a group of 5 mediators proposed by JAMS, with DiscountGaming and the remaining claimants’ counsel being able to strike one mediator each and to rank the remaining mediators. The highest collectively ranked mediator will be selected as determined by JAMS. The selected mediator will try to facilitate a resolution of the remaining (unadjudicated) demands in the Mass Filing. After the decisions/awards of the first batch of demands are provided to the mediator, DiscountGaming, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either DiscountGaming or any remaining claimant may opt out of the arbitration process and have their demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither DiscountGaming nor the remaining claimants opt out of arbitration, and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

7. 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 of fact and conclusions of law 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. The parties agree that the damages and/or other relief must be consistent with the procedures set forth in this Arbitration Agreement, and also must be consistent with the terms of the “WARRANTIES, DISCLAIMERS AND 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 shall have any preclusive or precedential effect in other arbitrations, except to preclude the same claim from being re-arbitrated between the same parties. 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.

c. EXCEPTIONS TO ARBITRATION.

Notwithstanding the parties’ agreement to resolve all disputes through binding arbitration as set forth in Section b (“BINDING ARBITRATION”):

i. IP DISPUTES.
To the extent you have in any manner violated or threatened to violate DiscountGaming’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) or to the extent that you believe DiscountGaming has violated or threatened to violate your intellectual property rights, DiscountGaming or you may bring a lawsuit in a court of competent jurisdiction as provided in these Terms solely for injunctive relief to stop intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

ii. SMALL CLAIMS COURT AND STATUTES OF LIMITATION.
Either party may elect to have any claim or dispute resolved in a small claims court regardless of what forum the filing party initially chose, provided the dispute or claim is within the scope of that court’s jurisdiction.

Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be in fact be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under these Terms, and any filed arbitrations related to any court action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.

iii. PROVISIONAL RELIEF.
Notwithstanding the Arbitration Agreement in Section b (“BINDING ARBITRATION”), you and DiscountGaming agree that either party may apply to a court of competent jurisdiction for a provisional remedy in connection with an arbitrable controversy, but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without provisional relief.

d. 30-DAY RIGHT TO OPT OUT.
You have the right to opt-out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt-out to the following address: discountgaming2025@gmail.com. The notice must be sent within 30 days of January 28, 2025, or the date you first participate in the Program, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of the Arbitration Agreement, DiscountGaming also will not be bound by it.

If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Terms will not apply to claims not yet filed. Moreover, even if you opt out of the Arbitration Agreement in accordance with this Section d, other provisions of the “Dispute Resolution” Section will continue to apply, including for example, Section a (“INFORMAL DISPUTE RESOLUTION”), Section f (“CHOICE OF LAW, VENUE, AND JURISDICTION/SERVICE OF PROCESS”), and Section g (“CLASS ACTION WAIVER”).

e. CHANGES TO THIS DISPUTE RESOLUTION SECTION.
DiscountGaming will provide 30 days’ notice of any material changes to the “Dispute Resolution” Section by posting a notice on this website, informing you via email, or as otherwise legally required. Material changes will become effective thirty (30) days after notice is provided and will apply to all claims not yet filed regardless of when they accrued. Unless you terminate your participation in the Program (or you follow any opt-out procedure described in the revised terms) prior to that time, you agree that any unfiled claims are subject to the revised provisions. If you terminate your participation in the Program before the updates to the “Dispute Resolution” Section take effect, then the version of the Section that was in effect on the effective date of your termination will continue to apply.

f. CHOICE OF LAW, VENUE, AND JURISDICTION/SERVICE OF PROCESS.

i. CHOICE OF LAW.

These Terms and all disputes between you and DiscountGaming, whether in arbitration or court (if a dispute is non-arbitrable under these Terms or for any other reason), shall be governed by the laws of the United States and the laws of Texas, without regard to conflicts of law provisions—in other words, any federal law or Texas law, including any conflict of law principle, that would provide for the application of the laws of another jurisdiction other than the United States or Texas shall not apply.

ii. VENUE, JURISDICTION, AND SERVICE.

By agreeing to these Terms, you agree that to the extent any dispute is not arbitrable—to include any arbitration-related litigation such as a motion to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on an arbitration award—the Dispute must be resolved exclusively by a court of competent jurisdiction, federal or state (including small claims court), located in Tarrant County, Texas, and no other court. You and DiscountGaming consent to the exercise of personal jurisdiction over you by such courts with respect to any dispute and hereby waive any and all jurisdictional and venue defenses otherwise available to you in them. You further agree to accept service of process by U.S. or certified mail from DiscountGaming or these courts.

g. CLASS ACTION WAIVER.
To the extent permissible under applicable law, you agree that any dispute between you and DiscountGaming that is not subject to arbitration for any reason may only be pursued by you on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, collective, consolidated, or representative action. To the extent a dispute between you and DiscountGaming is subject to arbitration, the provisions set forth above shall apply, including those regarding class arbitration, private attorney general arbitration, arbitration involving consolidated claims, and batching.

Our Proprietary Rights

The Program is owned and operated by DiscountGaming and contains materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks, and services marks) that are derived in whole or in part from materials supplied by DiscountGaming and its partners, as well as certain third parties, and are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws.

You agree to abide by all applicable copyright and other laws. You acknowledge that the Program has been developed, compiled, prepared, revised, selected, and arranged by DiscountGaming and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of DiscountGaming and such others.

You agree to protect the proprietary rights of DiscountGaming and all others having rights in the Program during and after the term of these Terms and to comply with all reasonable written requests made by DiscountGaming or its suppliers and licensors (collectively, “Suppliers”) regarding content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Program. You agree to notify DiscountGaming immediately upon becoming aware of any claim that the Program infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Program, shall, as between you and DiscountGaming, at all times be and remain the sole and exclusive property of DiscountGaming. Any unauthorized use of any material contained on or through the Program may violate copyright laws, trademark laws, the laws of privacy, and publicity.

Legal Compliance

You acknowledge, consent, and agree that DiscountGaming may access, preserve, and disclose your information and/or any Member Content you submit, post or make available for inclusion on or through the Program, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or by DiscountGaming’s Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms, our Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; (4) to respond to your requests for customer service; (5) to protect the rights, property, or personal safety of DiscountGaming, its employees, agents and affiliates, its users, and the public; and/or (6) in connection with the operations of your DiscountGaming Account. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.

WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAM AND ITS CONTENTS, WHETHER PROVIDED BY DiscountGaming ITS LICENSORS, ITS VENDORS, OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE PROGRAM, ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED, LEGAL, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED. SPECIFICALLY, BUT WITHOUT LIMITATION, DiscountGaming DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON OR THROUGH THE PROGRAM IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING, BUT NOT LIMITED TO, MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE PROGRAM OR THE SERVER(S) THAT MAKE THE PROGRAM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PROGRAM CANNOT BE SUBJECT TO UNAUTHORIZED ACCESS TO CONTENT OR DATA. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DiscountGaming OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES, OR ANY LINK PROVIDED ON THE PROGRAM, WHETHER OR NOT DiscountGaming HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100.

DiscountGaming DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PROGRAM OR ANY WEBSITE FEATURED OR LINKED TO OR THROUGH THE PROGRAM, AND DiscountGaming WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. DiscountGaming WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE PROGRAM FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which 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." This release includes the criminal acts of others.

Contact Us

You may contact us regarding these Terms or related issues by contacting Guest Care via mail at DiscountGaming, Attn: 2550 Arthur st, Gary, IN 46404, email at discountgaming2025@gmail.com or toll-free phone at 1877-78-Gaming.