TERMS OF USE

ACCEPTANCE OF THE TERMS OF USE

Prairie Meadows Racetrack and Casino, Inc. (Prairie Meadows) operates a website comprised of various web pages under the same domain name at https://www.prairiemeadows.com/ and Prairie Meadows My Rewards page at https://pminfo.prairiemeadows.com/myrewards/my-rewards-login.php (collectively the “Websites” and each a “Website”). By accessing Prairie Meadow’s Websites, you accept and agree to be bound and abide to all terms, conditions, and notices contained or referenced herein (the "Terms of Use") and Prairie Meadow’s Website Privacy Policy, found here https://www.prairiemeadows.com/privacy-policy, and incorporated herein by reference.

If you do not agree with any of these Terms of Use or the Website Privacy Policy, you are prohibited from using or accessing Prairie Meadow's Websites. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

MODIFICATION OF THESE TERMS OF USE

Prairie Meadows may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of all Websites thereafter. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You should check these Terms of Use and the Websites’ Privacy Policy periodically for changes, as they are binding on you.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Prairie Meadows, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on the Websites on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from the Websites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Prairie Meadows is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Websites is strictly prohibited without the express written permission of Prairie Meadows. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact Prairie Meadows at webcontactus@prairiemeadows.com.

ACCESS TO WEBSITE

Prairie Meadows reserves the right to withdraw or amend the Websites, and any service or material provided on the Websites, in its sole discretion without notice. Prairie Meadows will not be liable if for any reason all or any part of the Website are unavailable at any time or for any period. From time to time, Prairie Meadows may restrict access to some parts of particular Websites, or an entire Websites, to users, including registered users.

NO UNLAWFUL OR PROHIBITED USE

You agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use or by the Website Privacy Policy. You agree not to use the Websites in any way that violates any applicable federal, state, local, or international law or regulation, or to engage in any conduct that restricts or inhibits other users’ use or enjoyment of the Websites, or which, as determined by Prairie Meadows, may harm Prairie Meadows or its users of the Websites or expose them to liability. You further agree not to :Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites; Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose; Use any device, software, or routine that interferes with the proper functionality of the Websites; Introduce any malware, viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites. Prairie Meadows may, at its sole discretion: (1) immediately suspend or terminate a user’s rights to use the Websites; or (2) disclose information about the user, including the user’s identity and other identifying information, to law enforcement authorities for certain violations of the Terms of Use or the Website Privacy Policy.

INVOLUNTARY EXCLUSION

To protect the safety or security of our customers and employees, and to comply with Prairie Meadows’ commitment to responsible gaming and a safe and secure gaming environment, you may be involuntarily excluded from the use of the Website, services provided or participation in promotional offers (by Notice of Trespass or otherwise) if we believe that you have difficulty gaming responsibly, if you have been involved in a safety or security incident at Prairie Meadows or if you have otherwise demonstrated behavior that we believe puts you, other customers or our employees at risk.  We will collect and retain information relating to the circumstances leading to our determination that you should be excluded from the premises.

SELF-EXCLUSION

Self-exclusion is a voluntary program offered by Prairie Meadows to individuals who choose to be included in the program because they wish to limit or stop their gambling.  If you are participating in the self-exclusion program, you are excluded from using the website.

TERMINATION

Prairie Meadows may terminate or suspend access to our website or services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Use. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAIMER OF WARRANTIES

THE INFORMATION, SOFTWARE, PRODUCTS, AND/OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. TO THE FULLEST EXTENT PROVIDED BY LAW, PRAIRIE MEADOWS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, PRAIRIE MEADOWS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT ON THE WEBSITES; THAT THE WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HAMFUL COMPONENTS. FINALLY, ANY ADVICE RECEIVED VIA THE WEBSITEA, INCLUDING, BUT NOT LIMITED TO, SUCH ADVICE RECEIVED VIA CHAT OR MESSAGING FUNCTIONALITY, 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. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRAIRIE MEADOWS, ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO: THE USE OF, OR INABILITY TO USE, THE WEBSITES; ANY WEBSITES LIKED TO IT; ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES; INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST DATA, REVENUE, OR PROFITS; PAIN AND SUFFERING, OR EMOTIONAL DISTRESS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION AND FORCE MAJEURE

Neither Prairie Meadows nor any independent transmitter of information shall be liable in any way, and you agree to indemnify and hold harmless Prairie Meadows

and its subsidiaries, other affiliated companies, the independent transmitters and all employees, contractors, officers, and directors thereof (the "Indemnitees") for (1) any inaccuracy, error, or delay in, or omission of (a) any information, or (b) the transmission or delivery of information; (2) any loss or damage arising from or occasioned by (a) your use or misuse of the Websites as well as any such inaccuracy, error, delay, or omission, or (b) any non-performance, or interruption of information due either to any negligent act or omission by the Indemnitees or to any "force majeure" (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of the Indemnitees.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:

Prairie Meadows respects the intellectual property rights of others, and require that the people who use the Websites, or the services or features made available on or through the Websites, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to your Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A description of where the alleged infringing material is located;

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;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

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 are authorized to act on the copyright owner's behalf.

COPYRIGHT AGENT: webcontactus@prairiemeadows.com

LINKS TO THIRD PARTY SITES

The Websites may contain links to other websites ("Linked Sites"). The Linked Sites have not been reviewed and are not under the control of Prairie Meadows. Prairie Meadows is not responsible for the contents of any Linked Site. These sites may contain information or material that some users may find inappropriate or offensive. You acknowledge that Prairie Meadows is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of any link does not imply endorsement by Prairie Meadows of the site. Use of any such Linked Site is at the user's own risk.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, these Terms of Use, including all documents incorporated by reference, constitutes the entire agreement between you and Prairie Meadows regarding the Websites and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Prairie Meadows regarding the Websites. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Iowa, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Websites shall be filed only in the state or federal courts located in the State of Iowa, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

LAST REVISED: April 20, 2020