Terms & Conditions

These Terms & Conditions (the “Terms & Conditions”) set forth the terms and conditions of your access to and use of the http://www.cosmopolitanlasvegas.com website together with all content displayed or contained therein (the “Website”) provided and made available to you by Nevada Property 1 LLC, doing business as The Cosmopolitan of Las Vegas (“The Cosmopolitan,” “we,” or “us”).

Please read these Terms & Conditions carefully to understand the Terms and Conditions governing your use of the website. Your continued use of the website constitues an agreemennt to these terms of use together with our Privacy Policy, which is incorporated into these Terms & Conditions by this reference. If you do not agree with these Terms & Conditions or our Privacy Policy, do not use the website.

Notice Regarding Dispute Resolution: These terms contain provisions that govern how claims and disputes between you and The Cosmopolitan will be resolved. The "Arbitration and Class Action Waiver" section below states that all disputes between you and The Cosmopolitan will be resolved by mandatory binding arbitration, except for certain types of disputes as identified or unless you expressly reject arbitration. In any event, you waive any right to participate in a class action lawsuit or class-wide arbitration such that you will only be permitted to pursue any claim on an individual basis.

Notice Regarding Public Health: We monitor public health guidance from various federal and state government and health authorities regarding public health notices to help ensure your safety. The Cosmopolitan of Las Vegas is open for use by other individuals. As a result, visiting our property and using our services or amenities results in a higher risk to you of contracting various infections and diseases. You and all individuals in your group acknowledge and voluntarily assume the risk that visiting our property and using any services and amenities involves a risk of exposure to those infections and diseases, including without limitation COVID-19, which may cause serious injury, loss of work, or death. You and all individuals in your group, waive, release, and forever discharge to the fullest extent permitted by law any and all liability, claims, or demands, of whatever nature, now known or hereafter known, against The Cosmopolitan of Las Vegas and its affiliates and each of their respective employees and representatives arising out of or attributable to any exposure to COVID-19 resulting from a visit to our property or use of any of our services or amenities, whether or not the exposure was the result of your negligence or ours. If you or anyone in your party makes such a claim, you will indemnify, defend, and hold use harmless, and you will be responsible for all costs and fees of that claim incurred by The Cosmopolitan of Las Vegas and any disputes arising from this provision will be governed by the Arbitration and Class Action Waiver Section below.

Please note that we reserve the right to modify these Terms & Conditions at any time. Material changes will be conspicuously posted on the Website. All changes will be effective immediately upon posting to the Website. By using the Website after such changes are posted you agree to all such changes.

We may include links on the Website that link to third-party websites, which we do not own or control. These links are provided as a convenience and, except as may be otherwise indicated, The Cosmopolitan is not responsible for examining or evaluating the content or accuracy of, and does not sponsor, endorse or approve the contents of, any third-party websites or any products or services made available through those websites. The Cosmopolitan accepts no responsibility for information provided on any third-party websites.

In addition, certain features and functions of this Website may be operated and controlled by third parties on our behalf. For example, when you make a reservation at one of our restaurants, you will be redirected to http://www.opentable.com, a website operated by OpenTable, Inc. You should read the terms & conditions and privacy statement for each website that you visit.

In addition, the Website may allow you to upload a resume and other materials in connection with posted career opportunities at The Cosmopolitan. You will not upload a resume or any other materials for any person other than yourself. You warrant that all information contained in any resume or other materials you provide is current, accurate, and complete. Your submission of a job application and your upload of a resume or other materials does not in any way require The Cosmopolitan to review materials or consider you for employment. Career opportunity descriptions on the Website are subject to change at our sole discretion without notice.

Certain features and functions accessible via the Website may also have additional terms and conditions applicable. When you make reservations for hotel accommodations, the terms, conditions, and notices set forth on The Cosmopolitan’s “Room Reservation Terms & Conditions” as made available to you through our booking engine at the time you make your reservation will apply to such reservation. If you register for our Identity Membership & Rewards program, the Identity Membership & Rewards program Terms and Conditions apply to your participation in the program.

To the extent you have any questions about, or complaints concerning, these Terms & Conditions or the Website, please contact us at webrequests@CosmopolitanLasVegas.com.

The Website, including without limitation its content, text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is and remains at all times exclusively the property of The Cosmopolitan or its affiliates, licensors or suppliers, as applicable, with all rights reserved other than those expressly provided in these Terms & Conditions. The Website is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, license, sell, or create derivative works of the Website or any images or content from the Website in any form or by any means, in whole or in part, without The Cosmopolitan’s prior written permission in each instance.

However, provided that you are eligible to access and use the Website, you are granted a limited license to access and use the Website and to download or print one copy of the Website’s visible content solely for your personal, non-commercial use, provided that you keep all copyright, trademark and other proprietary notices intact. Such license is subject to these Terms & Conditions and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.

Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to The Cosmopolitan or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Website may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

Any use of the Website other than as specifically authorized herein without the prior written permission of The Cosmopolitan is strictly prohibited and shall immediately terminate your right to access and use the Website and all rights and licenses granted to you by these Terms & Conditions. Such unauthorized use may also violate applicable laws, including copyright, trademark, and communications laws and regulations. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Website. You may not submit inaccurate information via the Website, commit fraud or falsify information in connection with your use of the Website, or act maliciously against the business interests or reputation of The Cosmopolitan.

All offers set forth on the Website are void where prohibited by law. Some products and services offered on the Website may not be available in certain areas. The information contained in the Website may contain technical inaccuracies or typographical errors or omissions. Advertised prices and available quantities, as well as any member benefits associated with the Identity Membership & Rewards program, are subject to change without notice. The Cosmopolitan reserves the right to make changes, corrections and improvements to the Website, and to the products, services and programs described in the Website, at any time without notice.

The Cosmopolitan welcomes comments regarding the Website. However, if you elect to submit comments or feedback to us regarding the Website, they will not be considered or maintained as confidential. We may use any comments or feedback that you send us in our discretion and without attribution or compensation to you.

To access the Identity & Rewards Program, we require that you set up an online account and we may ask you to provide certain information, including your date of birth, zip code and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Identity & Rewards Program. Our use of any information you provide to us as part of the registration process is governed by the terms of our Privacy Policy. You are responsible for maintaining the confidentiality of any information about you use in connection with the Identity & Rewards Program, including your username and any password.

The Website may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, email services and social networking features that allow feedback to us and allow users to interact with each other on the Website and post content and materials for display on the Website. The Website also may include other features, such as personalized home pages and email services that allow users to communicate with third parties. By accessing and using any such features, you represent and agree that you will not:

• Restrict or inhibit any other user from using and enjoying the Website;
• Use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website;
• Use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
• Gain unauthorized access to the Website, or any account, computer system, or network connected to the Website, by means such as hacking, password mining or other illicit means;
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website;
• Use the Website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
• Use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
• Use the Website to post or transmit any information, software or other material that contains a virus or other harmful component;
• Use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
• Use the Website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval;
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website;
• Contact anyone who has asked not to be contacted;
• Engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users;
• Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
• Take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Website (such as submitting an excessive number of messages – i.e. a flooding attack), or that otherwise negatively affects other users’ ability to use the Website and/or services; or
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website. Exception is made for internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Service. We reserve the right to deny access to the Website or any features of the Website to anyone who violates these Community Rules or who, in our sole judgment, interferes with the ability of others to enjoy our Website or infringes the rights of others.

The Cosmopolitan reserves the right, but does not have an obligation, to monitor and/or to review all materials posted to the Website or through the Website’s services or features by users, and is not responsible for any such materials posted by users. The Cosmopolitan is not responsible for any failure to monitor, review and/or delete any materials posted to the Website or through the Website’s services or features by users. However, The Cosmopolitan reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in The Cosmopolitan’s discretion, are objectionable or in violation of these Terms and Conditions, The Cosmopolitan’s policies or applicable law or for any reason whatsoever. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in our Terms and Conditions or in violation of applicable law, or for any other reason without notice or liability.

Any bookings and reservations are made to and through our third party booking engine vendors. You may submit credit card or payment card information in order to reserve or purchase our products and services. Information about our collection and use of such information is set forth in our Privacy Policy. You must submit the necessary card information before your payment will be processed. If the card information that you submit is incorrect or invalid your payment will not be processed. We assume no responsibility or liability if the financial institution refuses to accept or honor your card for any reason. Refunds, if available, are solely the responsibility of The Cosmopolitan and are at The Cosmopolitan’s sole discretion.

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Website in a manner that constitutes copyright infringement, please inform us by sending written notice by U.S. Mail to The Cosmopolitan of Las Vegas, 3708 Las Vegas Boulevard South, Las Vegas, NV 89109 Attn: Legal Department, or by email to legal@CosmopolitanLasVegas.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Website; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms & Conditions or on the Website.

THE INFORMATION ON THE WEBSITE IS PROVIDED TO YOU ON THE BASIS THAT IT IS INTENDED SOLELY FOR YOUR INTERNAL USE. THE WEBSITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COSMOPOLITAN AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, QUALITY, MERCHANTABILITY, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

THE COSMOPOLITAN AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AGENTS, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, THE SERVER ON WHICH IT IS MADE AVAILABLE, OR ANY CONNECTED SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE WILL BE TIMELY, DELIVERED, OR KEPT CONFIDENTIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COSMOPOLITAN OR IN ANY MANNER FROM THE WEBSITE CREATES ANY WARRANTY. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, USE OF, AND ACCESS TO THE WEBSITE AND CONTENT, FILES, INFORMATION, AND OTHER MATERIALS ON OR OBTAINED THROUGH THE WEBSITE.

NEITHER THE COSMOPOLITAN NOR ANY OF ITS AFFILIATES, LICENSORS, AND SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS, AS WELL AS DAMAGE RESULTING FROM WEBSITE CONTENT, ERRORS IN OR OMISSIONS FROM THE WEBSITE, AND INTERCEPTION OR USE OF PERSONALLY IDENTIFIABLE INFORMATION), UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE OR ANY LINKED WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY LINKED WEBSITE OR SERVICES PROVIDED VIA THE WEBSITE IS TO STOP ACCESSING AND USING THE WEBSITE, LINKED WEBSITES, OR SERVICES, AS APPLICABLE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to indemnify, defend, and hold harmless The Cosmopolitan and its affiliates, licensors, and suppliers, and each of their directors, officers, agents, contractors, partners, employees, licensors, and suppliers, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your access to or use of the Website, your conduct in connection with the Website, or any violation of these Terms & Conditions or of any law or the rights of any third party.

These Terms & Conditions shall be governed by and construed under and pursuant to the laws of the State of Nevada without regard to Nevada’s conflicts of laws principles. Any and all litigation concerning any dispute arising under or in connection with these Terms & Conditions shall be filed and maintained only in a state or federal court located in Clark County, Nevada, and you consent to the jurisdiction of the State of Nevada for purposes of litigation concerning these Terms & Conditions. Any cause of action or claim with respect to the Website must be commenced within one year after the cause of action or claim arises.

The Cosmopolitan may terminate your access to the Website for any reason and at any time with or without prior notice. Upon termination, any rights and licenses granted to you hereunder shall immediately terminate and you agree to no longer access, or attempt to access, the Website. Any access and use of the Website by you following termination will be deemed to be subject to these Terms & Conditions. Termination will be without prejudice to any rights accrued or obligations incurred by either party to the other.

Please carefully read this agreement to arbitrate any and all disputes.

1. In the event of a dispute between you and The Cosmopolitan unless otherwise agreed below, any and all claims arising from the dispute, including a claim challenging the validity or enforceability of this provision, must be resolved by binding arbitration instead of in court if either side requests binding arbitration. This means if either you or we choose arbitration, NEITHER PARTY HAS THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL AND DISCOVERY AND APPEAL RIGHTS WILL BE LIMITED. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit.

2. CLASS ACTION WAIVER. CLAIMS MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER GUESTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Notwithstanding the above limiting all disputes to arbitration, only a court, and not an arbitrator, may determine the validity and effect of the Class Action Waiver.

3. Small Claims Court. We will not choose to arbitrate any claim you bring in small claims court. However, in the event a claim initially filed by you in small claims court is transferred, removed, or appealed to a different court, we may then choose to arbitrate.

4. Written Notices. All written notices sent by you in connection with this Agreement to Arbitrate must be sent to Nevada Property 1 LLC d/b/a The Cosmopolitan of Las Vegas, Attn: Legal, 3708 Las Vegas Boulevard South Las Vegas, NV 89109.

5. Right to Reject. YOU HAVE THE RIGHT TO REJECT THIS AGREEMENT TO ARBITRATE. You may reject the Agreement to Arbitrate only if we receive from you by certified mail a written notice of rejection within the earlier of (a) thirty (30) days after you click the “Complete Reservation” button; (b) seventy two (72) hours before the arrival date listed in your Reservation; or (c) if your Reservation is made within seventy-two (72) hours before the arrival date listed in your Reservation, seven (7) days after your arrival date. Your rejection notice must include your name, address, phone number, reservation number, and state “REJECTION NOTICE” in the subject line of the notice. Your rejection notice also must not be sent with any other correspondence. Rejection of arbitration will not affect your other rights or responsibilities under these Terms and Conditions. If you reject arbitration, neither you nor we will be subject to the arbitration provisions for your Reservation, however, the Class Action Waiver remains in effect.

6. Notice of Dispute. If a party decides to seek arbitration, the party must first send, by certified mail, a written Notice of Dispute (“Notice”) addressed to the other party. The Notice must (i) describe the nature and basis of the claim; and (ii) set forth the specific relief sought. If we decide to seek arbitration, we may send the Notice addressed to you at your address that we have on file. If you decide to seek arbitration, you must send written notice to the address above. If we and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made may not be disclosed to the arbitrator.

7. Governing Law and Rules. This provision is governed by the Federal Arbitration Act (FAA) and the laws of Nevada to the extent the laws of Nevada do not conflict with the FAA. You agree that arbitration may proceed with the American Arbitration Association (AAA) or, if we decide not to proceed with the AAA, arbitration must proceed with organization mutually agreed upon by the parties. The rules for the arbitration will be those in this Agreement to Arbitrate and the procedures of the chosen arbitration organization, but the rules in this Agreement to Arbitrate will be followed if there is disagreement between the Agreement to Arbitrate and the organization’s procedures. If the organization’s procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. For a copy of the AAA’s procedures, to file a claim or for other information, please contact the AAA at 1101 Laurel Oak Rd., Suite 100, Voorhees, NJ 08043, www.adr.org, phone 1-800-778-7879. If AAA is completely unavailable, and if you and we cannot agree on a substitute, then either you or we may request that a court appoint a substitute.

8. Hearings and Decisions. Arbitration hearings will take place in Clark County, Nevada or at such other location as may be mutually agreed upon. A single arbitrator will be appointed.
The arbitrator must, at a minimum:

• Be a retired judge or justice of any Nevada state or federal court;
• Follow all applicable substantive law of the State of Nevada applicable to contracts made and to be performed entirely within such State without regard to Nevada’s conflicts of laws principles, except when contradicted by the FAA;
• Follow applicable statutes of limitations of the State of Nevada;
• Honor valid claims of privilege; and
• Issue a written decision including the reasons for the award.

The arbitrator’s decision will be final and binding except for (1) any review allowed by the FAA; (2) a decision that awards more than $10,000 may be appealed to a new appellate arbitrator by the party who is to pay the award; and (3) an award of injunctive relief may be appealed to a new appellate arbitrator by the party to be enjoined. The appellate arbitrator is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than 30 days after the original award issues. The appealing party pays all appellate costs unless the appellate arbitrator determines otherwise as part of its award. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.

9. Confidentiality. All aspects of an arbitration, including the hearing and record of the proceeding, will be confidential and will not be open to the public, except (i) to the extent both you and we agree otherwise in writing; (ii) as may be appropriate in any subsequent proceeding between you and us; or (iii) as may otherwise be appropriate in response to a governmental agency or legal process. All settlement negotiations, mediations, and the results thereof are confidential.

10. Fees and Costs. If you wish to begin arbitration against us but you cannot afford to pay the organization’s or arbitrator’s costs, we may advance those costs if you send us a written notice with a request to advance costs. If the arbitrator does not rule in your favor on all claims brought by you during the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for you for the arbitration. If the arbitrator rules in your favor on all claims brought by you during the arbitration, we will not ask for reimbursement of money we advanced.

11. Other Beneficiaries. In addition to you and us, the rights and duties described in this provision apply to: our parent companies, subsidiaries and affiliates, and our and their officers, directors, employees, and agents; any third party co-defendant of a claim subject to this provision; and all guests visiting The Cosmopolitan in connection with, a result of, or relating to any claim subject to this provision.

12. Severability. If any part of this provision is deemed or found to be unenforceable for any reason (except as set forth in the following sentence), the remainder shall remain enforceable. However, if the Class Action Waiver above is deemed or found to be unenforceable for any reason, this entire provision will be deemed unenforceable.

If any provision of these Terms & Conditions is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.

These Terms & Conditions, including our Privacy Policy, represent the entire agreement between you and The Cosmopolitan relating to your access to and use of the Website, and supersede any and all prior or written or oral agreements between us with respect to such subject matter.

No waiver by The Cosmopolitan of any breach or default by you under these Terms & Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default.

The headings in these Terms & Conditions are for convenience only and do not affect the interpretation of these Terms & Conditions.

These Terms & Conditions will inure to the benefit of The Cosmopolitan’s successors and assigns.

No provision of these Terms & Conditions provides any person or entity not a party to these Terms & Conditions with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third-party beneficiary rights.

We may assign our rights and delegate our duties under these Terms & Conditions at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms & Conditions without our prior written consent.

Certain provisions, by their nature or as explicitly stated, will survive any termination of these Terms & Conditions.

Copyright © 2018 The Cosmopolitan of Las Vegas. All rights reserved.

1. Membership. Nevada Property 1 LLC dba The Cosmopolitan of Las Vegas and its affiliates (collectively, the “Company”) offers and operates a frequent guest and gaming program called Identity Membership & Rewards (“Identity”). These Identity Terms and Conditions (the “Program Rules”) govern Identity and the Company’s relationships with members of Identity (“Members,” individually, a “Member” or “You”). Membership in Identity (“Membership”) is subject to the Program Rules set forth below and supersedes all previous Program Rules. By opening an Identity account (“Account”), or by using your Identity card (“Identity Card”) or the Account number that You have been assigned (“Identity Number”) to earn or redeem Identity rewards points (“Points”), You agree that: (a) You have read, understood and accepted these Program Rules; and (b) You consent to the Company's processing of data that is personal to you, and disclosure of such data to third parties, in accordance with the Company’s privacy statement.
2. Program Rules & Company Policies. Participation in Identity is subject to the Program Rules, and all Company rules, regulations, policies and procedures (collectively, the “Company Policies”) that the Company may, in its sole and absolute discretion, adopt from time to time.
3. Points. As described in more detail below, Members may earn Points, which is the currency of Identity for both gaming and non-gaming activity, including, but not limited to, each eligible hotel stay, retail purchases, restaurant purchases or gaming play on reel and video slots and video poker (collectively, “Slots Machine(s)”) at The Cosmopolitan of Las Vegas located at 3708 Las Vegas Boulevard South, Las Vegas, NV 89109 (the “Property”). The accumulation of Points is subject to the Program Rules. Each Member is responsible for reading these Program Rules, email or mail communication, and account statements in order to understand his or her rights, responsibilities, and status in Identity, as well as the structure for earning rewards (“Rewards”, individually, a “Reward”). Members have the sole responsibility to determine whether the activity is subject to Points and the accumulation thereof. The Company may, but does not have an obligation, to post notifications on Slot Machines regarding the earning of Points.
4. Void Where Prohibited. The awarding and redemption of Points are void where prohibited by law.

1. Individual Membership. Only individuals are eligible for Membership, and each individual may maintain only one Account. Corporations, groups and/or associated entities cannot enroll as Members. If more than one Membership number is assigned to an individual, he or she will only receive Points for one Account. Upon determining a Member has duplicate Accounts, such duplicate Accounts will be consolidated with the most senior Account surviving.
2. Eligibility.
   • Membership is available to anyone 21 years of age or older with valid, government-issued photo identification, and who is not otherwise excluded pursuant to these Program Rules. Valid photo identification includes, but is not limited to, State issued Drivers’ License, Government issued Passport, Passport Identification Card, Visa Identification Card, State Identification Card, Alien Identification Card, Government and Military Identification Card. The information the Member provides to the Company when completing a Membership application and redeeming Points is processed in the Company’s computer systems, and the Member acknowledges and agrees that they are the rightful owners of the Account and all information provided and all information is true and correct to the best of the Member’s knowledge.
   • The following individuals are ineligible to participate in Identity: (a) employees of the Company; (b) employees of any of the retail or restaurant outlets at the Property where Points may be earned or redeemed; and (c) persons excluded from gaming at the Property, whether by voluntary request, in the discretion of the Company’s management, or excluded from gaming in Nevada by any agent of the Nevada State Gaming Control Board or by any order of the Nevada Gaming Commission.

1. How to Earn Points.

   • (a) Members may earn Points for each eligible hotel stay, spa or salon treatment, retail purchases, restaurant purchases or gaming play on eligible Slots Machines. Although Points are not earned for any Table Games play, play is rated for Identity Tier advancement.

   • (b) Members may earn Points for purchases at the spa and salon, certain retail, bar, restaurant and nightlife outlets at the Property and Group Sales, Conventions Sales or similar events. The Member must be present and provide their Identity Card at the time of purchase or by visiting the Identity Membership desk with the paid receipt from the purchase. The maximum purchase amount eligible for earning Points is $10,000 per visit to the Property. Receipts by manual entry will be accepted within 90 days of the date appearing on the receipt: (i) at the Identity Membership desk: (ii) by email sent to identitymembership@cosmopolitanlasvegas.com: or (iii) via facsimile.

     1. Cash receipts that are provided by Members must have their last name or validation from the respective outlet;
     2. When credit card receipts are provided, the cardholder and Member names must match and the receipt must include the payment information;
     3. Members may earn Points generated from retail outlets, restaurants, Group Sales, Convention Sales or similar events, with a maximum of $10,000 in spend per visit to the property.

   • (c) Points will not be earned on: gratuities, comps, taxes, governmental fees, Company gift cards or gift certificates acquired through a third party discount site, wagers placed with the Company Race and Sportsbook, including pari-mutuel wagering, mobile gaming play, table game play, electronic craps and other identified games, stays in a unit privately owned (in the case of condominium owners at the Property), any room reserved through a third party, or any other activities excluded by the Company in its sole and absolute discretion. Additionally, Point earnings via telephone will not be permitted.

   • (d) Accrued Points do not constitute the property of the Member and have no cash value.

2. Individual Responsibility.

   • (a) It is the Member's responsibility to ensure that their Identity Card is properly inserted into a Slot Machine to earn Points or present it to a Company Table Games supervisor prior to engaging in Table Games play.

   • (b) It is the Member’s responsibility to present their Identity Card to the cashier, server, front desk representative, or other Company representative when settling charges to earn Points for hotel, retail, spa, salon or other applicable purchases.

   • (c) Members cannot accrue Points: (i) by distributing his or her card to other individuals; or (ii) by utilizing his or her card for transactions to which the individual is not a party. Failure to comply will result in forfeiture of all accumulated Points for the preceding 12-month period.

3. Marriott Bonvoy Program.

   • (a) Autograph Collection. As a benefit being part of the Marriott Autograph Collection (“Collection”), the Company participates in the Marriott Bonvoy Program, through reciprocal point recognition only. As being part of the Collection, Marriott Bonvoy Members may elect to earn Marriott Bonvoy Points (“Marriott Points”) by providing their Marriott Bonvoy number at the time of reservation. Marriott Points may only be earned on room charges incurred during stay(s) at the Property, including room service charges. All redemption of Marriott Points for stays at the Property must be done through Marriott Bonvoy directly at www.marriott.com/loyalty.mi. Marriott Points cannot be earned on retail, restaurant, spa, gaming, nightclub, pool or food and beverage charges (except for room service charges as noted above). Marriott Bonvoy and Identity Program are two separate programs, therefore Accounts may not be linked or merged. Members who hold dual membership in both Marriott Bonvoy and Identity can choose to apply their room charges and in-room consumable earnings to either program, but cannot apply earnings to both.

   • (b) Points That Travel. In order to participate in the conversion of Points from Identity to Marriott Bonvoy or Marriott Bonvoy to Identity, you must contact the program in where the Points currently reside. A maximum of 100,000 Points can be transferred during a calendar year. Marriott Points converted to Points will not contribute to your Member Identity Tier Status, as set forth below. The following conversion rates will apply:

4. Identity Tiers and Tier Benefits.

   • (a) Identity Membership tiers (“Identity Tier(s)”) are achieved through earning Points during a rolling 365 day period. The following are the Identity Tiers and Points required to earn each Identity Tier:

After reaching each Identity Tier, the Member will retain that Membership level for 365 days, subject to the Member remaining in good standing.

• (b) Points needed to achieve Identity Tiers may change without notice at the discretion of the Company. Points may be redeemed as outlined in these Program Rules without impacting a Member’s ability to achieve Identity Tiers. Points earned as “multiplier” points on certain Slot Machines do not count toward Identity Tiers. Point multipliers are not earned on video poker or electronic table games.

• (c) Unused tier benefits will be removed from a guest account when the guest’s tier is either adjusted due to tier advancement or lapse of their current tier year. Tier benefit room nights must be reserved at least 14 days prior to check in, subject to availability. Companion room night tier benefits must be used in conjunction with the account holder’s primary reservation, subject to availability. 2 for 1 tier benefit tickets are limited to one set per event.

1. How to Redeem Points.

   • (a) Points earned from gaming (minimum of 500 Points) may be converted into Identity Play or used as resort credit. Points earned from experiential spend may not be converted into Identity Play and must be used as resort credit. “Any Points earned from gaming activity will be applied before Points earned from experiential spend.” The number of Points required for redemption of any promotion or complimentary offer is subject to change without notice, at the discretion of the Company.
   • (b) Members are required to present valid, government-issued photo identification bearing the same name as reflected on their Identity Card when redeeming Member benefits, including complimentary services and Point redemption. Management may require, in their sole and absolute discretion, additional identification in order to redeem Points, Rewards and/or any other offer or promotion offered to the Member.
   • (c) It is the Member’s responsibility to present his or her Identity Card to the cashier or server when settling charges to redeem Points for all transactions.
   • (d) Members must be present to redeem Points for purchases at all outlets/venues on property. Redemptions toward gift cards or transactions via telephone will not be permitted.
   • (e) If a Member uses Points to purchase an item and subsequently returns the item, the Member shall be entitled to a refund of Points within 14 days of purchase with the proof of return from the outlet/venue.

2. Expiration and Forfeiture of Points.

   • (a) Points will expire and not be eligible for redemption after 12 months of Account inactivity.
   • (b) Any misuse of the Identity Card to redeem Points, comps, or other Member benefits will result in forfeiture of all Identity benefits.
   • (c) If a Member earns Points for the purchase of an item and subsequently returns the item, Points earned for such purchase will be forfeited.

3. Complimentary Services. Complimentary services are extended to Members at the sole and absolute discretion of the Company, and any extension of complimentary services shall not be used as precedent.

4. Promotions and Offers. Members may receive promotions and offers as part of Membership at the sole and absolute discretion of the Company. The promotions and offers may not be combined, redeemed or used simultaneously unless otherwise stated by the Company, and such offers and promotions are not transferable. Any terms and conditions set forth in any promotions or offers are subject to these Program Rules and may be subject to additional terms and conditions. The terms and conditions shall be read in conjunction with each other. If a conflict among terms and conditions is present, the specific terms and conditions of the offers and/or promotions shall control.

1. Account Set-Up.

   • (a) In order to become a Member of Identity, an individual shall complete an Identity Membership application (“Application”) and provide it to the Company. Upon completion of an Application, an Account will be opened and an Identity Number will be assigned to each applicant. Upon receiving this number, an individual becomes a Member eligible to earn Points.
   • (b) At the time of opening an Account, a Member will select a Personal Identification Number (“PIN”). Members are responsible for keeping the PIN secure. Members are responsible for all transactions on their Account authorized with their confidential PIN. Members will be required to enter their PIN when redeeming Identity Play on Slot Machines, when converting their Points earned on gaming play into Identity Play through the Point Play feature, or when accessing any virtual promotional drawings that may be available to them. Members shall present valid, government-issued photo identification bearing the same name as on their Identity Card when requesting that their PIN be reset or changed.

2. Linking of Accounts. Up to 2 eligible Members residing at the same address may link Accounts to share Points. Linked Accounts will not share Identity Tier status or Identity Tier benefits or promotional offers. Both Members must be present with valid, government-issued photo identification to link Accounts. Each Member’s address on their identifications must be the same. Either Member may request that a link be removed from their Account by email or in person at an Identity Membership desk with valid, government-issued photo identification. Neither of the linked Accounts are transferable, including Identity Cards, Accounts or Points. Identity Tier credits and/or benefits cannot otherwise be combined among Members, their estates, successors or assigns. Accrued Points and Identity Tier credits and benefits are not transferable by a Member: (i) upon death; (ii) as part of a domestic relations matter; or (iii) by operation of law.

3. Non-Transferable. Accounts, Membership benefits, or Points are for the benefit of the Member only and are non-transferable, either voluntary or involuntary, or by operation of law.

4. Access Codes. Members may be provided with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions ("Access Codes") of cosmopolitanlasvegas.com (the "Web Site"). The content contained in such restricted areas is confidential to the Company and is provided to the Member for his or her personal use only. The Company reserves the right to prohibit the use of such Access Codes by the Member or on his or her behalf by third parties where the Company determines that such use interferes with the Web Site’s operation or results in commercial benefits for other entities to the Company's detriment.

5. Replacement Identity Cards. Replacement Identity Cards will be issued with proper identification. The Company is not responsible for lost or stolen cards.

6. Tax Liability. Points and Rewards earned through participating in Identity may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of Points or Rewards is the sole responsibility of the Member.

7. Business Travel. When traveling on business, it is the Member's responsibility to comply with his or her company policy, if any, concerning travel programs, with respect to Membership and participation in Identity.

8. Change of Information. Membership name and address changes must be made by the Member in person or by contacting the Company by one of the following methods:

   The Cosmopolitan of Las Vegas
   3708 Las Vegas Boulevard South
   Las Vegas, NV 89109
   Attention: Identity Membership

   Email: IDENTITYMEMBERSHIP@COSMOPOLITANLASVEGAS.COM

   By phone to the Identity Membership & Rewards at 702.698.7280

   Name changes must include supporting legal documentation, signature, date and the Member’s Identity Number.

9. Statements & Newsletters. At the Company’s option, a Member will receive an activity statement and/or an Identity newsletter only if the Member has gaming activity during the previous statement period. The Member shall be responsible for advising Identity of any change of address, and neither the Company nor Identity shall have any responsibility for misdirected or lost mail or any consequences thereof. Point balances can be accessed through Slot Machines, the Web Site, and/or at an Identity Membership desk. Slot Machines will only display Points which were earned on Slot Machines.

10. Credit of Points. Points earned on hotel, food, beverage, nightclub, pool, retail, and spa will be credited to the Member’s Account at the time the transaction is paid and closed out and cannot be redeemed until they have been credited to the Member’s Account, which may take up to 24 hours after the transaction is completed. Only the Points available at the time of Member’s checkout or at the time of purchase may be used toward settlement of current room charges or purchase, which will not include Points earned from the current hotel stay. Points earned as a result of hotel stay, settlement or purchase may not be used toward the transaction in which they were earned. The Member shall be responsible for ensuring that his or her Points are properly credited. If proper credit does not appear on the Member's activity statement, the Member should mail a description of the transaction details to the Identity Membership address listed above. The Member’s correspondence should include the Member’s name, Identity Number, address, email, and phone number, nature of the dispute and documentation evidencing Point accrual. Members should allow approximately 6 to 8 weeks for Points to be credited to the Account. Requests to add or modify Points must be received within 90 days of the time the Points were earned. If any dispute is not received within said 90 day period, any dispute or discrepancy is deemed waived by the Member.

11. Use of Member Information. The information Members provide to the Company when completing Application and redeeming Points is processed in the Company’s computer systems. Communication of relevant information is important to administering Identity and to providing the Member with the opportunity to maximize the benefits of Membership. The Company will only disclose Member information to: fulfillment houses, email service providers and mail houses that process mail for the Company; and marketing companies that provide services to the Company, in each case for the following purposes: 1) in order to better service Accounts and preferences by keeping the Member informed of Account status and activities through printed or electronic statements; 2) to assess entitlement to benefits; 3) to collect and process Member charges incurred in Company’s facilities; 4) to offer the Member additional products and services; 5) to send periodic satisfaction or market research surveys; and/or 6) to offer the Member products or services from select reputable companies with whom the Company has a strategic relationship because the Company believes their offerings will be of interest to the Member. In choosing to become a Member, the Member consents to receive all of the information described above. However, Members will be given the opportunity to define and modify mailing preferences.

1. Reward Redemption. The Rewards structure is subject to modification, cancellation, or limitation at the Company's discretion, with or without notice. The number of Points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or reward redemption (“Reward Redemption”) may be imposed at any time.

2. Reservation of Rights. The Company has the right to change, limit, modify or cancel Program Rules, Rewards, reward levels, and Identity Tiers at any time, with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Rewards. The Company may, among other things: (i) increase or decrease the number of Points received for a stay or required for a Reward; (ii) withdraw, limit, modify or cancel any Reward; (iii) add blackout dates, limit rooms available for any Reward or otherwise restrict the continued availability of Rewards; or (iv) change program benefits, conditions of participation, rules for earning, redeeming, retaining or forfeiting Points, or rules governing the use of Rewards. In accumulating Points, Members may not rely upon the continued availability of any Reward or Reward level, Identity Tier category or tier. The redemption of certain Rewards and complimentary item(s) and/or service(s), whether or not resulting in a deduction of Points from a Member’s Account, is subject to availability, blackout dates, expiration dates, interruptions, advance reservation(s) noting the use of the Reward(s), limitations and other restrictions, as determined in the Company’s sole and absolute discretion, from time to time, and without notice. By participating in Identity, each Member releases, discharges and holds harmless the Company from any claims, losses and damages arising out of participation in Identity and/or the redemption, attempted redemption, fulfillment and/or attempted fulfillment of any Reward, complimentary item(s) and/or service(s).

3. Suspension, Revocation, Cancellation & Closure of Accounts.

   • (a) Membership in Identity may be revoked or canceled at any time at the Company’s sole and absolute discretion and without notice.
   • (b) An Account may be closed at the Company's discretion if no Points are accrued or redeemed during a 12-month period. All Points in the Account will be forfeited at that time.
   • (c) Company may suspend Membership benefits of Members who have been issued credit and are in default in repayment of that credit, who have had check(s) cashed and returned for non-payment, or are in any other way delinquent with respect to payments or indebtedness owed to The Company. When the suspended Member becomes current on all payments owed, Company management may reinstate the Member’s Membership benefits and Points. The decision whether or not to reinstate Membership benefits and/or Points is at the sole and absolute discretion of the Company.
   • (d) In the case of fraud or abuse involving the Identity program, Point credit, or Reward use, the Company has the right to take appropriate administrative and/or legal action, including but not limited to revocation/cancellation of any Reward and/or termination of Membership, and all Points earned through Identity may be forfeited and any relevant Account(s) closed.

4. Disputes.

   • (a) All decisions concerning the interpretation and application or administration of the Program Rules are within the sole and absolute discretion of the Company and any dispute regarding the accumulation of Points, Rewards, comps or Identity Tier credits maintained in an Account, and/or the forfeiture of Points, Identity Tier level benefits and credits will be reviewed by the Company. Management’s decision in any dispute will be final and binding, subject to the exclusive jurisdiction of the Nevada Gaming Control Board. These Program Rules shall be read and interpreted in accordance with the laws and regulations of the State of Nevada.
   • (b) If it is determined that Identity has acted improperly with respect to issuing credits, benefits or an award to a Member, the Member’s sole and exclusive remedy shall be the issuance of the improperly denied credit, benefit or award if available, or such other alternative comparable benefit as determined by Company management, which shall have no additional liability of any kind whatsoever. In no event shall Identity be liable to any Member, or anyone claiming through a Member, for any direct, indirect, punitive or consequential damages, or lost revenue or profits, claimed to arise out of the acts or omissions of Identity or Company management or any participating company in connection with Identity.