Terms of Use

Definition: "Application": includes any VICI 1, LLC AND T3 PERFORMANCE, LLC Content or other VICI 1, LLC AND T3 PERFORMANCE, LLC Services incorporated therein, and any updates, upgrades, enhancements or modifications provided by VICI 1, LLC AND T3 PERFORMANCE, LLC, in its sole discretion, that replace and/or supplement the original Application.

1. Information Usage

1.1 In the ordinary courses of our business, we may share information that we collect from or about you with third parties in order to process your requests and fulfill your orders for content and reporting offered through the Application, including, to provide you with access to localized content and provide content recommendations.

2. Licensing & Restrictions

2.1 The Application (including, without limitation, any software, documentation, and local files installed or utilized by the installer application) is owned by VICI 1, LLC AND T3 PERFORMANCE, LLC and, with respect to their applicable contributions to the Application, VICI 1, LLC AND T3 PERFORMANCE, LLC's licensors, including content and data providers (collectively, "VICI 1, LLC AND T3 PERFORMANCE, LLC Licensors"), and are licensed to you on a non-exclusive, non-sublicenseable, revocable basis, in the United States, on the service where the Application is made available to you, on the terms and conditions set forth herein. This VICI 1, LLC AND T3 PERFORMANCE, LLC License defines legal use of the Application and all updates, revisions, substitutions and copies of the Application made by or for you. All rights not expressly granted to you herein are reserved by VICI 1, LLC AND T3 PERFORMANCE, LLC or applicable VICI 1, LLC AND T3 PERFORMANCE, LLC Licensors.

2.2 You may: • install and personally use the Application on a device that is supported by the Application and owned or controlled by you; • only use the Application, the Licensor Software and any data accessed through the Application for your own personal, non-commercial use; • use the Application until this VICI 1, LLC AND T3 PERFORMANCE, LLC License is terminated by you or VICI 1, LLC AND T3 PERFORMANCE, LLC; and • terminate this VICI 1, LLC AND T3 PERFORMANCE, LLC License by discontinuing all use of the Application.

2.3 You may not, and you may not authorize others to: • decompile, copy, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) based on the Application, any updates or any portion thereof; • distribute or make the Application available over a network where it could be used by multiple devices at the same time; • incorporate the Application into any device manufactured by or for you; • use the Application outside of the United States; • use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this VICI 1, LLC AND T3 PERFORMANCE, LLC License; • use or export the Application in violation of Applicable Law; or • sell, lease, loan, distribute, transfer, or sublicense the Application or access thereto or derive income from the use or provision of the Application, whether for direct commercial or monetary gain or otherwise, without VICI 1, LLC AND T3 PERFORMANCE, LLC’s prior, express, written permission; and • assign, copy, transfer, or transmit the Application, the Licensor Software or any data obtained through the Application to any third party.

2.4 In order to use the Application, you need to be 18 or older, or be 13 or older and have your parent or guardian’s consent to use the Application.

3. Ownership

3.1 The Application is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this VICI 1, LLC AND T3 PERFORMANCE, LLC License. VICI 1, LLC AND T3 PERFORMANCE, LLC and VICI 1, LLC AND T3 PERFORMANCE, LLC’s Licensors own all rights, title, and interest in and to their applicable contributions to the Application. This VICI 1, LLC AND T3 PERFORMANCE, LLC License grants you no right, title, or interest in any intellectual property owned or licensed by VICI 1, LLC AND T3 PERFORMANCE, LLC, including, without limitation, the Application and VICI 1, LLC AND T3 PERFORMANCE, LLC trademarks, and creates no other relationship between you and VICI 1, LLC AND T3 PERFORMANCE, LLC or between you and VICI 1, LLC AND T3 PERFORMANCE, LLC’s Licensors.

3.2 The Application and its components contain software licensed from VICI 1, LLC AND T3 PERFORMANCE, LLC Licensors ("Licensor Software") which enables the Application to perform certain functions. All rights in and to any third-party data, software, and servers are reserved and remain with the applicable third parties. You agree that such VICI 1, LLC AND T3 PERFORMANCE, LLC Licensors and any other third parties may enforce their rights under this VICI 1, LLC AND T3 PERFORMANCE, LLC License against you directly in their own name.

4. Support; Updates; Termination

4.1 VICI 1, LLC AND T3 PERFORMANCE, LLC, in its sole discretion, may elect to provide you with customer support and/or software updates, upgrades, enhancements or modifications for the Application (collectively, "Support").

4.2 VICI 1, LLC AND T3 PERFORMANCE, LLC, in its sole discretion, may elect to use third-party entities to manage the service through which the Application is available, channel partners, associated service providers, airtime service providers and merchants of record (collectively, "Application Partners").

4.3 Unless terminated by VICI 1, LLC AND T3 PERFORMANCE, LLC in its sole discretion, this VICI 1, LLC AND T3 PERFORMANCE, LLC License remains in full force and effect while you use the VICI 1, LLC AND T3 PERFORMANCE, LLC Application. VICI 1, LLC AND T3 PERFORMANCE, LLC may terminate your access to all (or any portion of) the Application at any time, for any or no reason, with or without prior notice or any explanation, and without liability. Furthermore, even after your access to the Application is terminated by you or VICI 1, LLC AND T3 PERFORMANCE, LLC, this Agreement will remain in full force and effect with respect to your past and future use of the Application. If we terminate your access to the Application (or any portion of the Application) you: (1) must immediately cease any and all use of the Application and remove the Application from your device; (2) may not try to access, use or download the Application without VICI 1, LLC AND T3 PERFORMANCE, LLC's prior written approval. You agree that your account is non-transferable. Any rights to the Application terminate upon your death. This VICI 1, LLC AND T3 PERFORMANCE, LLC License terminates automatically if you violate any of its terms and conditions.

4.4 VICI 1, LLC AND T3 PERFORMANCE, LLC may change, suspend, or discontinue any aspect of the Application including, without limitation, the availability of any Support or Application feature, database, or content at any time without prior notice or liability to you. VICI 1, LLC AND T3 PERFORMANCE, LLC may also impose limits on certain Application features or restrict your access to parts or all of the Application or Support without notice or liability.

4.5 VICI 1, LLC AND T3 PERFORMANCE, LLC reserves the right in its sole discretion to charge fees for use of or access to any aspect of the Application or any feature(s) thereof. You will not be entitled to a refund of any unused portion of such fees or other payments if VICI 1, LLC AND T3 PERFORMANCE, LLC suspends or terminates your account, and/or access to the Application (or any portion of the Application), due to your breach of this VICI 1, LLC AND T3 PERFORMANCE, LLC License or violation of Applicable Law, as determined by VICI 1, LLC AND T3 PERFORMANCE, LLC, in its sole discretion.

5. Disclaimers; Limitation of Liability

5.1 THE APPLICATION AND ANY APPLICATION FEATURE ACCESSED THROUGH THE APPLICATION ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND ANY USE THEREOF IS AT YOUR SOLE RISK AND VICI 1, LLC AND T3 PERFORMANCE, LLC DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE APPLICATION. VICI 1, LLC AND T3 PERFORMANCE, LLC DOES NOT REPRESENT THAT THE APPLICATION OR ANY APPLICATION FEATURE ACCESSED VIA THE APPLICATION IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VICI 1, LLC AND T3 PERFORMANCE, LLC EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VICI 1, LLC AND T3 PERFORMANCE, LLC MAKES NO WARRANTY THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE APPLICATION WILL BE CORRECTED, THAT THE APPLICATION OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE APPLICATION OR THIRD-PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH LICENSOR SOFTWARE, APPLICATION PARTNERS, USER CONTENT OR THIRD-PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL VICI 1, LLC AND T3 PERFORMANCE, LLC OR OUR PARENTS, SUBSIDIARIES OR AFFILIATES (“VICI 1, LLC AND T3 PERFORMANCE, LLC AFFILIATES”) BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE APPLICATION, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE APPLICATION, ATTENDANCE AT AN VICI 1, LLC AND T3 PERFORMANCE, LLC EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE APPLICATION, ANY USER CONTENT, ANY THIRD-PARTY ADVERTISEMENT OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE APPLICATION, OR THE CONDUCT OF ANY USERS OF THE APPLICATION, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD-PARTY ADVERTISEMENTS, THIRD-PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD-PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

5.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE APPLICATION. User Content, third-party advertisements, Licensor Software, Application Partners and their Third-Party Services do not necessarily reflect the opinions or policies of VICI 1, LLC AND T3 PERFORMANCE, LLC or our VICI 1, LLC AND T3 PERFORMANCE, LLC Affiliates.

5.3 IN NO EVENT WILL VICI 1, LLC AND T3 PERFORMANCE, LLC, OUR VICI 1, LLC AND T3 PERFORMANCE, LLC AFFILIATES, VICI 1, LLC AND T3 PERFORMANCE, LLC LICENSORS OR APPLICATION PARTNERS, ADVERTISERS, SPONSORS OR APPLICATION PARTNERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS (COLLECTIVELY, “COMPANY ENTITIES”), BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF VICI 1, LLC AND T3 PERFORMANCE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, VICI 1, LLC AND T3 PERFORMANCE, LLC OR COMPANY ENTITIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VICI 1, LLC AND T3 PERFORMANCE, LLC’S AND THE COMPANY ENTITIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VICI 1, LLC AND T3 PERFORMANCE, LLC, FOR THE APPLICATION DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

5.4 YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF VICI 1, LLC AND T3 PERFORMANCE, LLC’S OR COMPANY ENTITIES’ ACTS OR OMISSIONS OR YOUR USE OF THE APPLICATION ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE APPLICATION. THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VICI 1, LLC AND T3 PERFORMANCE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

6. Right to modification

6.1 VICI 1, LLC AND T3 PERFORMANCE, LLC reserve the right to update or modify these Terms of Use at any time without prior notice.

7. Governing Law / Forum

7.1 This Agreement shall be construed in accordance with and governed by the laws of the State of Ohio. Venue shall be in a court of competent jurisdiction in the State of Ohio, and both parties expressly consent to jurisdiction in such courts.