ATTENTION: PLEASE READ ALL THESE PROVISIONS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
The Site and its Use

The Mountaineer Casino Racetrack and Resort Web site is owned and provided by MTR Gaming from its offices in Chester, WV. The Web sites of MTR Gaming's subsidiaries and affiliated companies are each owned and provided by such subsidiaries and companies. For purposes herein, MTR Gaming and its subsidiaries and affiliated companies are collectively referred to as MTR Gaming The applicable Web site or sites are referred to herein as the "Site." Each Site is provided for your personal information and non-commercial use. Please feel free to browse the Site; however, your access to and use of the Site is subject to these Terms and all applicable laws.

You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without MTR Gaming's prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in MTR Gaming's opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.

The Site contains information and materials, including but not limited to, text, software, photos, video, graphics and audio, (collectively "Materials") which are derived in whole or in part from information and materials supplied by MTR Gaming and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws. MTR Gaming owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of MTR Gaming's or such other sources' copyright, trademark and other proprietary rights and may violate other laws. The use of any such Materials on any other Web site or networked computer or environment is prohibited without MTR Gaming's express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.

Disclaimer
THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILTY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. MTRGAMING ALSO DOES NOT WARRANT THE ACCURACY OR COMPETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.

MTRGAMING ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.

Third-Party Sites
MTR Gaming may provide as a convenience to you, links to Web sites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access through this one. Any link to a non-MTR Gaming Web site does not mean that MTR Gaming endorses or accepts any responsibility for the content, or the use of such Web site. If you use these sites, you do so at your own risk. MTR Gaming makes no warranty or representation regarding, and does not sponsor or endorse, any linked Web sites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that MTR Gaming is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of MTR Gaming.

Third Party Content
Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of MTR Gaming.

Limitation of Liability
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

UNDER NO CIRCUMSTANCES WILL MTRGAMING, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MTRGAMING WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MTRGAMING SHALL HAVE NO LIABLITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

Information Provided By You
It has been and remains MTR Gaming's policy not to accept or consider ideas, suggestions or materials other than those that MTR Gaming has specifically requested from you. Accordingly, MTR Gaming does not want you to, and you should not, send any confidential or proprietary information to MTR Gaming through the Site unless specifically requested by MTR Gaming. Please note that any unsolicited information or material sent to MTR Gaming will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you automatically grant to MTR Gaming (or warrant that the owner of such information and material has expressly granted to MTR Gaming) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that MTR Gaming is free to use any ideas, concepts, know-how, or techniques that you send MTR Gaming for any purpose.

As further provided above, MTR Gaming does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to MTR Gaming that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.

You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

Changes
MTR Gaming reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, MTR Gaming is under no obligation to update Materials. MTR Gaming may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change MTR Gaming makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.

Linking to Site:
Anyone linking to MTR Gaming's Site must comply with MTR Gaming's guidelines for linking to MTR Gaming's Site and all applicable laws.

International Users
The Site is administered by MTR Gaming from its offices in the United States. Materials published at the Site may refer to products, programs, or services that are not available in your country. Consult your local MTR Gaming business contact in this regard. Furthermore, MTR Gaming makes no representation that the Materials at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.

Governing Law
These Terms shall be governed by the laws of the State of West Virginia, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute the entire agreement between MTR Gaming and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.

Privacy:

Overview
MTR Gaming is aware of the need to address Internet privacy issues and we believe you should be aware of how we intend to treat any information about you that we might receive on the Internet as a result of your visit to the Site.

Information About MTR Gaming On-Line Visitors
You can visit MTR Gaming on the Site without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. In general, we gather information about users of the Site collectively in order to determine, for example, which areas users access more frequently and which Materials users access the most. This information helps us to determine what is most beneficial for our users, and how we can continually create a better overall experience for our users by improving the content of the Site.

Cookies
There is a technology called "cookies" which is an element of data that a Web site can send to your browser which may then store on your system. Some Site pages use cookies so that we can better serve you when you return to our Site. You can set your browser to notify you when you receive a cookie, giving the chance to decide whether to accept it.

Web Site Links
MTR Gaming's Site may contain links to other Web sites such as Equibase and NASDAQ. While MTR Gaming tries to link only to sites that share its high standards and respect for privacy, MTR Gaming cannot take responsibility for the content or the privacy practices employed by other sites.

Changes
If at anytime MTR Gaming changes its privacy commitment, MTR Gaming will post those changes here so that you will know what information MTR Gaming gathers and how MTR Gaming might use that information.

© 2010, Mountaineer Casino Racetrack and Resort, All Rights Reserved