Terms of Use

These are the terms of use (the “Agreement”) applicable to this site (the “Site”). The Agreement is a legally binding contract between 300 West Sahara, LLC d/b/a The Ahern Hotel and Convention Center (hereafter “Ahern Hotel“) and any affiliated entity that posts this Agreement on the Site (“we” “our” or “us”) and any person who accesses or uses the Site (“you” or “your”). Please review this Agreement carefully before using the Site.

1. Conditions for Use of the Site

The Site is offered subject to your acceptance without modification of this Agreement. By accessing or using the Site, you agree to be bound by all of the terms and conditions of the Agreement as such terms and conditions may be modified by us from time to time in our sole discretion. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT WITHOUT MODIFICATION, THEN YOU MAY NOT ACCESS OR USE THE SITE. Please check this Agreement periodically for changes. Your continued access or use of the Site following any changes to the Agreement constitutes your acceptance of those changes.

2. Age Restrictions

The Site is intended for persons who are 18 or older. If you are under 18, or not of legal age to form a binding agreement, you may not access or use the Site.

3. Copyright and other Intellectual Property

All content and other materials available at the Site, including without limitation trademarks, service marks, trade names, images, audio, text, software and the “look and feel” of the Site, (collectively, “Site Content”) are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, republish, distribute, display, perform, transmit, sell, or otherwise use any Site Content without our express written permission. In this regard, users are prohibited from downloading, republication, retransmission, reproduction or other use of any image (and other similar content) as a stand-alone file.

4. Copyright Infringement

Just as we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that any Site Content infringes upon your copyright, please notify us at . Your notice should include (a) a description of the copyrighted work that you claim has been infringed; (b) the URL where the allegedly infringing Site Content is located; (c) your full name, postal address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the allegedly infringing material on the Site is not authorized; (e) your physical or electronic signature; and (f) a statement that you are the copyright owner or an authorized agent of the copyright owner.

5. Submissions

We are pleased to hear from our customers and welcome feedback on the Site. However, if you send us any ideas, suggestions, drawings, graphics, innovations, concepts, recommendations, or similar materials (“Submissions”) you agree that the Submissions are not confidential. You hereby assign such Submissions to us without compensation (or the expectation of compensation) and agree that we may disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you. For any Submissions that cannot be legally assigned to us, you hereby grant us an unrestricted, perpetual, royalty-free, irrevocable and worldwide license to reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you.

6. Prohibited Conduct

You agree not to (a) upload, transmit, post, email, or otherwise make available to the Site any material in any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, or libelous; (ii) infringes any third party’s intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the Site or any computer software or hardware or equipment associated with the Site; (b) alter, remove, or falsify any attributions or other proprietary designations of origin or source of the Site or Site Content; (c) impersonate any person or entity, including, but not limited to, our employees or officers, or falsely state or otherwise misrepresent your affiliation with any person or entity; (d) attempt, through any means, to gain unauthorized access to the Site or another person’s account or information on or through the Site; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the Site or any Site Content without our prior express written permission; (f) take any action that imposes an unreasonable or disproportionately large load on the Site; (g) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; or (h) take any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Agreement.

7. Promotional Information

We may from time to time make information available at the Site regarding certain programs, offers, or promotions (“Promotions”). All Promotions are subject to the specific terms, conditions, and restrictions disclosed in connection with such Promotions and are subject to being withdrawn or changed without prior notice. We are not responsible for any typographical or other errors or omissions regarding prices, availability, or other information in connection with Promotions.

8. Right to Cancel/Errors/Omissions/Inaccuracies

The Site may contain technical inaccuracies, typographical (or other) errors, or omissions in connection with information displayed on the Site including, without limitation, rates, fees, or availability applicable to your transaction. We are not responsible for any such inaccuracies, errors, or omissions. We shall have the right not to honor reservations or information affected by such inaccuracies, errors, or omissions. We reserve the right to make changes, corrections, cancellations and/or improvements to reservations or information affected by such errors on the Site (and to the products and programs described in such information), at any time without notice, including after confirmation of a reservation.

9. Links to Other Websites

The Site may contain links to other websites that are not owned or operated by us. We do not have any control over third party websites and are not responsible for any information, functionality, or content accessed through such websites. By linking to third party websites, we do not represent or imply that we endorse such websites. You are responsible for taking the necessary precautions to protect yourself and your computer from viruses, worms, and other harmful or destructive content that may be accessible through such websites. We disclaim any responsibility for any harm resulting from your use of third party websites.

10. Disclaimer

YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE, OR ERROR FREE.

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER NETWORK, OR DATA (INCLUDING LOSS OF DATA) THAT RESULTS FROM YOUR ACCESS OR USE OF THE SITE. WE DO NOT WARRANT THAT THE SITE IS FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR COMPUTER, COMPUTER NETWORK, OR DATA.

WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT OR THROUGH THE SITE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU ACCESS OR USE THE SITE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.

11. Limitation of Liability

NEITHER WE NOR OUR SUBSIDIARIES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE SITE OR THE USE, ATTEMPTED USE OR INABILITY TO USE THE SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOSS OF DATA, OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU TO ACCESS THE SITE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. Therefore, the exclusions set forth above may not apply to you.

12. Indemnification

You agree to indemnify, hold harmless, and release us, our subsidiaries, and our respective officers, directors, shareholders, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs and expenses, including, but not limited to, reasonable attorney’s fees, arising from or related to your access, use, attempted use, inability to use or misuse of the Site or noncompliance with this Agreement.

13. Export Controls and Designated Persons

The Site is operated from the United States and it is possible that software available at or through the Site may be subject to United States export controls administered by the United States Commerce Department or sanctions programs administered by the United States Treasury Department. No software available at or through the Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country subject to a United States or United Nation embargo or sanction; (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals and Blocked Persons (“SDN List”); (c) to anyone on the United States Commerce Department’s Denied Persons List or Entity List; or (d) to anyone subject to the same or similar restrictions as the foregoing. By downloading or using any software available at or through the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above lists or subject to such restrictions.

Travel agents and anyone else using the Site for making reservations or travel arrangements are prohibited from making travel arrangements for “designated persons” that are government officials or residents of certain embargoed countries, or terrorists or drug traffickers or other persons or entities whose names are published on the SDN List. You agree to use all reasonable efforts not to arrange for any such designated persons to stay at, use, or tour any of our resorts, casinos, facilities, products, or services.

14. Governing Law and Jurisdiction

This Agreement is governed and construed in accordance with the laws of the State of Nevada, without giving effect to conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to this Agreement and/or use of this website, shall be submitted, and you irrevocably consent, to the personal jurisdiction of any state or federal court located in, or whose district includes Clark County, Nevada. Any dispute resolution proceeding arising out of or relating to this Agreement, will be conducted only on an individual basis and not in a class or representative action on behalf of others. There is no right for any dispute here under to be brought or heard as a class action, or private attorney general action. Notwithstanding any other provision in this Agreement, and without waiving any party’s right to appeal, if this waiver of class action is held invalid or unenforceable, then the governing law and jurisdiction clause in Section 15 shall still apply.

15. Miscellaneous

If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of the Agreement, which shall remain in full force and effect. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. You may be required to agree to additional terms and conditions to access particular sections or functions of the Site. We reserve the right, in our sole discretion and without consent or notice, to transfer, assign, sublicense or pledge the Site or this Agreement, in whole or in part, to any person or entity. You may not assign, sublicense or otherwise transfer in any manner any of your rights or obligations under the Agreement. The section headings used in the Agreement are for convenience only. We may at any time and for any reason in our sole discretion, modify or discontinue the Site or terminate or restrict your access to the Site.

Revised: January 1, 2020