These Terms of Use (the “Terms”) are an agreement between Terrible Herbst, Inc., a Nevada Corporation and its affiliates and subsidiaries, including JETT Gaming, LLC,  JETT Searchlight, LLC,  JETT Fernley, LLC,  JETT Carlin, LLC,  JETT Winnemucca, LLC, TH Tavern Group, LLC, THNT Taverns, LLC, Stateline BBRC 31700 LVB, LLC, Stateline PVR 31900 LVB, LLC, Stateline WP 115 Primm, LLC, Stateline LOT Store CA, LLC (collectively, “Terrible’s”, “we”, “us”, or “our”) and you (a “User”, “you”, or “your”).

These Terms govern your access to and use of the website located at https://www.terribles.com, any other websites and domains owned or operated by Terrible’s (collectively, the “Websites”), Terrible’s mobile applications and software (collectively, the “Apps”), and any products, features, content, programs, promotions, rewards, gaming-related services, or other services made available through the Websites or Apps (collectively, the “Services”).

By accessing or using the Services, creating an account, or otherwise interacting with Terrible’s through the Services, you agree to be bound by these Terms, the Terrible’s Privacy Policy located at https://www.terribles.com/privacy-policy/ (the “Privacy Policy”), and any additional terms, rules, policies, or conditions applicable to specific Services (collectively, the “Agreement”). If you do not agree to the Agreement, you may not access or use the Services.

Certain Services may be subject to additional terms, rules, policies, or conditions, which are incorporated into and form part of this Agreement, including:

• Terrible’s+ Rewards App
• Terrible’s General Sweepstakes
• Terrible’s Affidavit of Eligibility & Liability/Public Release 

1. ACCURATE INFORMATION

You certify that the name, address, and all other required and or applicable information that you provide while and after opening accounts associated with the Services is true, accurate, current, and complete. If you provide false, inaccurate, stale, or incomplete information, or if Terrible’s suspects that you did so, Terrible’s may refuse or limit access to, suspend, or terminate your account(s) or use of the Services without prior notice to you.

2. ACCEPTABLE USE

You agree to access and use the Services solely for lawful purposes and in strict compliance with these Terms and all applicable laws, rules, and regulations. You may not use the Services in any manner that violates applicable law, infringes upon the rights of any third party, or is inconsistent with the intended purpose of the Services.

Without limiting the foregoing, you may not: (a) provide false or misleading information, impersonate any person or entity, or create multiple or unauthorized accounts; (b) manipulate or exploit promotions, rewards programs, contests, sweepstakes, giveaways, or other offers through automated, deceptive, coordinated, or improper means; (c) access or attempt to access non-public areas of the Services or circumvent security, authentication, geolocation, fraud-prevention, or technological protection measures; (d) use bots, scrapers, crawlers, artificial intelligence agents, or other automated methods to access, monitor, extract, or interact with the Services; (e) introduce malicious code or otherwise interfere with the integrity, security, or performance of the Services; (f) reverse engineer, decompile, disassemble, or attempt to derive source code from the Services except as permitted by law; (g) infringe or misappropriate intellectual property or proprietary rights; (h) post or transmit unlawful, abusive, defamatory, threatening, obscene, hateful, or otherwise objectionable content; or (i) use the Services for unauthorized commercial purposes or transfer, sell, or exploit accounts, rewards, points, credits, entries, prizes, virtual items, or similar benefits except as expressly authorized by Terrible’s.

Violations of this Section may result in disqualification, suspension, termination of access, forfeiture of rewards or benefits, and/or legal action.

3. ACCOUNTS

Certain features of the Services may require you to create an account. By creating an account, you represent and warrant that you are eligible to use the Services and that all information you provide during registration and thereafter is true, accurate, current, and complete. You agree to maintain the confidentiality and security of your account and promptly update your account information to keep it accurate and complete at all times.

You may not share, transfer, sell, assign, sublicense, or permit others to use your account or login credentials, nor may you access another user’s account. You must immediately notify Terrible’s of any unauthorized access to or use of your account or any security breach. Terrible’s is not liable for any loss or damages arising from unauthorized use of your account or your failure to safeguard credentials.

Terrible’s may suspend, terminate, or restrict access to your account or the Services at any time, in its sole discretion and without liability, subject to applicable law.

4. AGE RESTRICTION

By using the Services, you represent and warrant that you satisfy all applicable age, residency, and eligibility requirements and that your use of the Services does not violate applicable law. You must be at least eighteen (18) years old, or such higher age as may be required for certain Services, promotions, rewards programs, sweepstakes, giveaways, events, or other offerings, including any Services restricted to persons twenty-one (21) years of age or older.

Terrible’s may require proof of age, identity, residency, or eligibility at any time as a condition of access to the Services, participation in promotions, or receipt of rewards, prizes, or benefits. Failure to provide satisfactory verification may result in denial of access, suspension or termination of your account, disqualification from promotions, forfeiture of rewards or prizes, or other remedies available under these Terms or applicable law.

5. OWNERSHIP OF SERVICES AND CONTENT

For purposes of these Terms, “Content” means any materials, information, data, software, text, graphics, images, functionality, and other materials made available through the Services, including the selection, arrangement, and presentation thereof. The Services and all Content are owned by Terrible’s, its affiliates, licensors, or content providers and are protected by applicable intellectual property and proprietary rights laws. Except for the limited license expressly granted in these Terms, no right, title, or interest in the Services or Content is transferred to you.

Subject to your compliance with these Terms, Terrible’s grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Content solely for your personal, non-commercial use. Except as expressly authorized by Terrible’s in writing or permitted by applicable law, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, transmit, sell, exploit, reverse engineer, or otherwise use the Services or Content. You may not remove proprietary notices or use Terrible’s trademarks, logos, trade names, or branding without prior written consent.

Any unauthorized use of the Services or Content may terminate your license and violate applicable law. Nothing in these Terms grants you ownership rights in any account, rewards status, promotional entry, virtual item, or other aspect of the Services, all of which remain the property of Terrible’s or its licensors.

6. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Terrible’s, its affiliates, subsidiaries, licensors, service providers, and each of their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys’ fees and legal expenses, arising out of or relating to your violation of these Terms or any applicable law, rule, or regulation; your misuse of the Services or any information, Content, products, promotions, rewards, or benefits made available through the Services; your fraud, misconduct, negligence, or willful wrongdoing; your infringement, misappropriation, or violation of any intellectual property, privacy, publicity, proprietary, or other rights of any person or entity; or your use of the Services, including any information or materials obtained through the Services, other than as expressly authorized by these Terms.

Terrible’s reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with Terrible’s in the defense of such matter. You may not settle any claim subject to indemnification without Terrible’s prior written consent if the settlement imposes any obligation, admission of liability, or restriction on any Indemnified Party.

Your obligations under this Section will survive the suspension, termination, or expiration of your account, these Terms, and your use of the Services.

7. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TERRIBLE’S AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY.

TERRIBLE’S DOES NOT WARRANT THAT THE SERVICES OR ANY CONTENT, PROMOTIONS, REWARDS, SWEEPSTAKES, GIVEAWAYS, OR OTHER MATERIALS PROVIDED THROUGH THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF DEFECTS, VIRUSES, TECHNICAL FAILURES, OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TERRIBLE’S IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM SYSTEM FAILURES, INTERNET OR TRANSMISSION INTERRUPTIONS, PAYMENT PROCESSING ERRORS, UNAUTHORIZED ACCESS, DATA BREACHES, USER ERROR, OR FORCE MAJEURE EVENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO CERTAIN DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TERRIBLE’S BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF TERRIBLE’S FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO TERRIBLE’S FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100.00).

THE LIMITATIONS SET FORTH HEREIN APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT TERRIBLE’S HAS OFFERED THE SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, AND THAT THE SAME FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TERRIBLE’S.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

9. CONSENT TO COMMUNICATIONS

By using the Services or providing your contact information to Terrible’s, you consent to receive communications from Terrible’s and its affiliates by postal or courier mail, email, telephone calls, text messages (SMS), push notifications, in-app messages, and other electronic communications relating to your account, use of the Services, rewards or promotional activity, events, security, customer service, and your relationship with Terrible’s.

Where required by law, Terrible’s will obtain your consent before sending marketing communications, and you may opt out of such communications at any time by following the unsubscribe instructions provided or updating your account preferences. You acknowledge that Terrible’s may continue to send transactional, operational, security, or service-related communications as permitted by law. You agree that electronic communications satisfy any legal requirement that communications be in writing and are responsible for maintaining accurate contact information. Terrible’s is not responsible for communications not received due to inaccurate contact information or filtering by your provider, carrier, or device settings.

10. MOBILE CARRIER FEES AND CHARGES

Using the Services (including the Apps) may allow you to receive Content on your mobile phone or other wireless device. The manner in which that Content is delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You, not Terrible’s, will be solely responsible for any carrier charges associated with any Services. Please contact your carrier if you have questions about how the use of any Websites, Apps, or Services might impact your wireless usage fees.

11. THIRD-PARTY SERVICES

Terrible’s may, from time to time, promote, provide access to, or facilitate connections to third-party applications, platforms, products, or services (collectively, “Third-Party Services”). These Third-Party Services are operated by independent entities and are not owned or controlled by Terrible’s, even if accessible through our Services or locations. Your use of any Third-Party Services is subject to the separate terms, conditions, and policies of the applicable third-party provider, and you acknowledge and agree that (i) any transactions, wagers, or activities you engage in are solely between you and such third party, (ii) such third parties may be subject to different regulatory requirements and licensing authorities, (iii) Terrible’s does not assume any responsibility or liability for the operation of such Third-Party Services, including functionality, availability, gameplay, wagering, payouts, account management, dispute resolution, or compliance with applicable laws, and (iv) Terrible’s does not guarantee the availability, accuracy, legality, or performance of Third-Party Services; you are responsible for reviewing and accepting the applicable third party terms prior to use.

Terrible’s may share or make available certain account information, personal information, or transactional data with Third-Party Services as necessary to enable functionality, integration, or user-requested interactions. You acknowledge and agree that such data may be accessed, processed, and used by the applicable third-party provider in accordance with their own terms and privacy policies. Terrible’s is not responsible for the privacy, security, or use of your information by such third parties once shared, except as required by applicable law. You further acknowledge that such third parties may be subject to different data protection standards and regulatory requirements.

12. GAMING AND REGULATORY COMPLIANCE

Terrible’s operates gaming activities and related players club or loyalty programs in certain jurisdictions through its tavern locations, gaming establishments, casino properties, and affiliated entities (collectively, the “Gaming Operations”). All Gaming Operations are subject to applicable federal, state, local, and tribal gaming laws, regulations, and oversight by the relevant gaming control authorities (the “Gaming Authorities”).

Participation in any Gaming Operations, including enrollment in a players club or loyalty program, is a privilege and not a right. All gaming activities, rewards, benefits, promotions, and related Services are offered subject to strict compliance with applicable gaming laws and regulatory requirements. In the event of any conflict between these Terms and applicable gaming laws or regulatory directives, the applicable laws and directives shall control.

By opening any account associated with any Gaming Operations, you represent and warrant that: (i) you understand and accept the risk that, by using our Services, you may lose or win money, (ii) you are at least 21 years of age, (iii) you are legally able to enter into contracts, (iv) you are not a person barred from receiving or using the Services under federal, state, local, or other laws, (v) you have the legal right to use any funds deposited into your account, and (vi) you will only place wagers while physically located within a jurisdiction in which such wagering is lawful, and where Terrible’s is licensed or otherwise authorized to offer such Services, and you acknowledge that access to wagering functionality may be restricted based on your location. You acknowledge and agree that Terrible’s may close, suspend, investigate, monitor, or limit your access to your account or any other account associated with the Services without prior notice to you. You acknowledge, understand, and agree that you do not have an expectation of privacy in activities related to the Services.

Terrible’s Players Club – Tavern Locations

https://www.terribles.com/terms-and-conditions/taverns

Terrible’s Players Club – Casino Locations

https://www.terribles.com/terms-and-conditions/casino

Terrible’s Players Club – Terrible’s Gaming

https://www.terribles.com/terms-and-conditions/gaming/

Primm Player’s Club

https://primmvalleyresorts.com/players-club-rules

13. RESPONSIBLE GAMING

Terrible’s encourages responsible gaming by educating its employees. If you suspect that you or someone you know may be experiencing some of the warning signs of problem gambling, please visit the website at Nevada Council on Problem Gambling at www.nevadacouncil.org or call the Problem Gamblers Help Line at 1-800-522-4700 for confidential information and assistance.

14. TERMINATION

Terrible’s may, at any time and in its sole discretion, suspend, restrict, deactivate, or terminate your account or access to the Services, with or without notice, for violations of these Terms, suspected fraud or abuse, security or regulatory concerns, inactivity, chargebacks, self-exclusion, unlawful or inappropriate conduct, or as otherwise permitted by applicable law. Upon termination, your right to use the Services immediately ceases, and Terrible’s may void or cancel promotional entries, rewards, points, credits, or prizes except as required by law. Terrible’s is not liable for any suspension or termination of your account or access to the Services.

15. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, HAVE A JURY TRIAL, OR PARTICIPATE IN A CLASS ACTION.

These Terms and any dispute arising out of or relating to these Terms, the Services, your account, any promotion, reward, sweepstakes, contest, giveaway, or any other interaction with Terrible’s (collectively, a “Dispute”) shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflict of law principles.

Except for claims that qualify for small claims court, or claims seeking injunctive or equitable relief relating to intellectual property rights, any Dispute shall be resolved exclusively through final and binding arbitration administered by JAMS pursuant to its then-current Comprehensive Arbitration Rules and Procedures. The arbitration shall be conducted before a single arbitrator and shall take place in Clark County, Nevada, unless the parties agree otherwise or applicable law requires a different location. The Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration agreement.

The arbitrator shall have exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, and formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or unenforceable. The arbitrator may award any relief available under applicable law on an individual basis.

You and Terrible’s agree that all Disputes shall be brought solely in an individual capacity and not as a plaintiff, claimant, class representative, class member, private attorney general, or participant in any representative proceeding. The arbitrator shall not consolidate the claims of multiple parties and shall not have authority to preside over any class, collective, representative, or private attorney general proceeding except to the extent such waiver is prohibited by applicable law.

If any portion of this class action waiver is determined to be unenforceable, then that portion shall be severed and the remaining provisions of this Section shall remain in full force and effect to the maximum extent permitted by law.

Judgment upon any arbitration award may be entered in any court of competent jurisdiction. Nothing in this Section prevents either party from seeking temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to protect intellectual property rights, confidential information, or other proprietary rights pending completion of arbitration.

You may opt out of this arbitration agreement by sending written notice to Terrible Herbst, Inc., Attn: Legal Department, 5195 South Las Vegas Boulevard, Las Vegas, Nevada 89119, within thirty (30) days after first accepting these Terms. The notice must include your full name, mailing address, and a clear statement that you wish to opt out of arbitration. If you timely opt out, this arbitration agreement will not apply to you, but all other provisions of these Terms will remain in effect.

To the fullest extent permitted by law, any claim arising out of or relating to the Services or these Terms must be commenced within two (2) years after the claim arises, or such claim shall be permanently barred.

16. DIGITAL MILLENNIUM COPYRIGHT ACT

Terrible’s respects the intellectual property rights of others and expects users of the Services to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), Terrible’s will respond to valid notices of alleged copyright infringement and may remove or disable access to allegedly infringing material and terminate the accounts of repeat infringers where appropriate.

If you believe that any content available through the Services infringes your copyright, you may submit a DMCA notice containing the information required by applicable law to:

Terrible Herbst, Inc.
Attn: Legal Department
5195 S. Las Vegas Blvd.
Las Vegas, NV 89119

If you believe that material removed or disabled as a result of a copyright claim was removed in error, you may submit a counter-notification as permitted under the DMCA.

17. OTHER TERMS

Terrible’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision. If any part of these Terms 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 these Terms will remain in full force and effect.

18. TERMS FOR ALL APPS

The Services may include mobile, web-based, and other software applications made available by Terrible’s (collectively, the “Apps”). Subject to your compliance with these Terms, Terrible’s grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to download, install, access, and use the Apps solely for your personal, lawful, and non-commercial use.

The Apps may automatically install updates, upgrades, patches, or modifications, and you consent to such updates as part of your use of the Apps. Use of the Apps may require internet access, mobile data services, geolocation services, or other device functionality, and your wireless carrier or service provider may charge fees associated with such use.

If you obtain an App through a third-party platform, including the Apple App Store or Google Play, you agree to comply with all applicable third-party terms and conditions. Terrible’s may modify, suspend, discontinue, or restrict access to any App or App feature at any time, subject to applicable law.