Terms & Conditions

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 ECL Development, LLC 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. If you are under 21, you may not
access or use portions of the Site that are intended for persons who are 21 or older.

3. Passwords and Security

Some areas of the Site may be restricted to registered users. When you register for access to
restricted areas of the Site, you agree to submit accurate and complete information and to
update such information as required from time to time. If we suspect that your information is
untrue, inaccurate, out-of-date, or incomplete, we may suspend or terminate your access to the
Site or request additional information from you. When registering for access to restricted areas
of the Site, you may be asked to select a personal, non-transferable password. You may also be
asked to provide information that we will use to confirm your identity in the event you submit a
request for a lost or forgotten username or password. You are solely responsible for all activities
that occur under your password-protected account and for ensuring the protection of your
account information. You agree to notify us immediately of any unauthorized use of your
password or account or any other breach of security that is known or suspected by you.
Password-protected accounts may not be shared or used by more than one individual. You
agree that we may send to you in electronic form any notices or other communications
regarding this Site.

4. 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.

5. 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 lorriebamford@ecl-ent.com. 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.

6. 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, 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. Arbitration

YOU AND ECL DEVELOPMENT, LLC AGREE TO RESOLVE ANY AND ALL DISPUTES,
CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT
OR SITE, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS
AGREEMENT TO ARBITRATE, ONLY THROUGH BINDING ARBITRATION OR IN SMALL
CLAIMS COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE
OR JURY. IT ALSO ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT. AN
ARBITRATION DECISION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY
CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED
WITHOUT ONE. YOU UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THE
RIGHT TO BRING A CLAIM IN COURT, OTHER THAN SMALL CLAIMS COURT. YOU ALSO
UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THE RIGHT TO HAVE A JURY
DECIDE THEIR CLAIM OR TO COMMENCE, PARTICIPATE IN, OR RECOVER THROUGH A
CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION FOR ANY DISPUTE WITHIN THE
SCOPE OF THIS AGREEMENT. ECL DEVELOPMENT, LLC AND YOU ALSO
ACKNOWLEDGE AND AGREE AS FOLLOWS:

A. Scope of Agreement to Arbitrate; Venue; JAMS Arbitration. Except for claims submitted
to small claims court, any dispute, claim or controversy arising out of or relating to this
Agreement or the Site, including the determination of the scope or applicability of this
Agreement to Arbitrate, shall be determined by binding arbitration before one neutral arbitrator
in Clark County, Nevada unless JAMS Rules require another location. Also, the parties may
agree or the arbitrator may decide to conduct the arbitration over the telephone, using video
conferencing, or other remote technology.

The Federal Arbitration Act (“FAA”) applies to this agreement to arbitrate. In particular, the FAA
applies even if a choice of law principle would result in application of a different law. No
provision of this Agreement to Arbitrate will be interpreted to preclude application of the FAA. If
a court nevertheless concludes for any reason that the FAA does not apply, then the laws of the
State of Nevada shall govern this Agreement to Arbitrate and no effect shall be given to any
Nevada choice of law or conflict of law rules or provisions that would cause the application of
the laws of any other state.

Judgment on any arbitration award may be entered in any court having competent jurisdiction.
This clause shall not preclude an arbitration party from seeking provisional remedies in aid of
arbitration from a court of competent jurisdiction. Any arbitration hereunder shall be conducted
in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration
Rules and Procedures as those rules exist on the effective date of this Agreement to Arbitrate,
including rules 16.1 and 16.2 of those rules (“JAMS Rules”). These rules are available for your
review at https://www.jamsadr.com/rules-comprehensive-arbitration/. The parties agree,
notwithstanding anything to the contrary in JAMS Rules, that dispositive motions are permitted.
Nothing contained herein prevents you from bringing any issues you may have to the attention
of federal, state, or local government agencies or authorities.

B. No Class, Collective, Representative, or Mass Actions or Arbitrations: You and ECL
Development, LLC agree that either may bring claims against the other only in an individual
capacity and not as a representative plaintiff or class member in any purported class, collective,
representative, or mass arbitration proceeding. Furthermore, unless agreed by you and ECL
Development, LLC otherwise or except as set forth below in subparagraph J, the arbitrator may
not consolidate more than one person’s claim with another person’s claims or another person’s
claims, and may not otherwise preside over any form of a class, collective, representative, or
mass arbitration proceeding. To avoid any doubt, except pursuant to an agreement between you
and ECL Development, LLC or except as set forth below in subparagraph J, nothing herein
allows class, collective, representative, or mass arbitrations even if the relevant arbitration rules
and procedures would so provide. Notwithstanding any other provision of this Agreement to
Arbitrate, the arbitrator may award monetary or injunctive relief only in favor of the individual
party seeking relief and only to the extent necessary to provide relief warranted by that party’s
individual claim. Any question regarding the enforceability or interpretation of this paragraph
shall be decided by a court and not the arbitrator. If any provision of this subparagraph B is
found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void,
except that the parties’ agreement to bring claims only in an individual capacity and not as not
as a representative plaintiff or class member in any purported class, collective, or mass
proceeding will remain in effect, including in any court proceeding.

C. Seeking Arbitration; Filing in Small Claims Court: If you or ECL Development, LLC seeks
to pursue arbitration, or file a small claims court action (as set forth below), you or ECL
Development, LLC must first send a written notice of the claim (“Notice”) before filing the
arbitration demand or the small claims court action. If you seek to file the arbitration demand or
small claims court action, you must send the Notice by certified mail to: General Counsel
(Litigation), 6360 S. Buffalo Drive, Las Vegas, Nevada 89113, and must include your name,
address, and telephone number. If ECL Development, LLC seeks to file the arbitration demand
or small claims court action, ECL Development, LLC will send a written notice to the email or
physical mailing address it has for you. If such contact information has not been provided, ECL
Development, LLC may also use any other reasonable means to contact you to provide the
Notice. A Notice, whether sent by you or ECL Development, LLC, must (a) describe the nature
and basis of the claim or dispute, including the specific facts that support that particular
claimant’s claim; (b) set forth the specific relief sought by that particular claimant, including the
amount of damages that claimant seeks (“Demand”). The Notice and Demand shall be signed
by the claimant and the claimant shall declare under penalty of perjury that the facts stated in
the Notice and Demand are true and correct. The Notice and Demand is designed to allow the
party receiving the Notice to make, if appropriate, a fair, fact-based offer of settlement if it
chooses to do so within a 30-day period following actual receipt of the Notice and Demand. The
party receiving the notice may, but is not obligated to, make a written settlement offer during that
time. If you and ECL Development, LLC do not reach an agreement to resolve the claim within
30 days after the Notice and Demand are received, the party sending the Notice and Demand
may file a claim in any small claims court within the United States having jurisdiction (including
personal jurisdiction) to hear the claim or, only if the claim cannot be heard in small claims court,
commence an arbitration proceeding. Arbitration forms can be downloaded
from www.jamsadr.com. If required by controlling, applicable law, the limitations period for filing
a claim will be tolled during the 30-day notice period described in this paragraph. The filing of an arbitration demand is the equivalent of filing a court complaint for purposes of compliance
with any applicable statute of limitations.

D. Fees and Costs: The payment of all administrative fees and costs associated with the
arbitration, including the payment of all arbitrator fees, will be governed by the JAMS Rules;
provided, however, that ECL Development, LLC shall pay any administrative fees or costs
incidental to the arbitration that you would not incur in a court proceeding. However, if this
division of fees and costs conflicts with the laws of the applicable jurisdiction under this
Paragraph 15 and those laws are not preempted by this agreement or the FAA, the fees and
costs terms of that jurisdiction’s laws shall apply.

The prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs unless
the laws of the applicable jurisdiction under this Paragraph 15 affirmatively prohibit such an
award to either party and those laws are not preempted by this agreement or the FAA. Unless
forbidden by the laws of the applicable jurisdiction under this Paragraph 15, and unless those
laws are not preempted by this agreement or the FAA, neither party shall be entitled to an award
of reasonable attorneys’ fees and costs if the laws of the applicable jurisdiction under this
Paragraph 15 do not allow for all parties to the proceeding to recover such fees. In an
arbitration, if the arbitrator determines that a claim was filed for purposes of harassment or is
frivolous, the non-prevailing party shall reimburse the prevailing party for any administrative fees
or costs associated with the arbitration, as well as for the prevailing party’s reasonable
attorneys’ fees and costs. At any point during the arbitration or small claims court proceeding
and before a final award is rendered by the arbitrator or a final judgment is issued by the small
claims court, any party may make an offer of judgment. If the plaintiff or claimant makes an
offer of judgment that is not accepted by the defendant or respondent and if that offer is less
than what the plaintiff or claimant receives in a final award or a final judgment, then the plaintiff
or claimant shall recover the plaintiff or claimant’s attorneys’ reasonable attorneys’ fees and
costs. If the defendant or respondent makes an offer of judgment that is not accepted by the
plaintiff or claimant and if that offer is greater than what the plaintiff or claimant receives in a
final award or a final judgment, then the defendant or respondent shall recover the defendant or
respondent’s reasonable attorneys’ fees and costs. The preceding three sentences shall not
apply if the laws of the applicable jurisdiction under this Paragraph 15 preclude their provisions
and those laws are not preempted by this agreement or the FAA. When a recovery of attorneys’
fees and costs is authorized, the arbitrator will rule upon a motion for fees and costs under the
same standards a court would apply to such a motion.

E. Hearing: The parties may choose to conduct the arbitration solely on the basis of documents
submitted to the arbitrator or through a telephonic or video hearing, or by an in-person hearing
as established by the JAMS Rules.

F. Injunctive Relief: Notwithstanding anything contained herein, you and ECL Development,
LLC agree that the parties may sue in court to enjoin infringement of intellectual property rights.
However, any claim for damages, even if brought in connection with a claim for injunctive relief,
must be filed in small claims court or in arbitration pursuant to the terms of this Agreement to
Arbitrate.

G. Awards: At the outset of the arbitration, the parties shall consider agreeing to the JAMS
Arbitration Appeal Procedures (“Appeal Procedures”) with respect to any final award in an
arbitration hereunder. The parties are not required to agree to the Appeal Procedures. The

Appeal Procedures will be implemented only by mutual agreement according to the JAMS
Rules. An arbitration award, any judgment confirming it, and any decisions by an arbitrator apply
only to that specific arbitration; they cannot be used and cannot be given any preclusive,
collateral estoppel, or res judicata effect in any other proceeding except to enforce the award
itself.

H. Confidentiality: You and ECL Development, LLC shall maintain the confidential nature of the
arbitration and any award arising therefrom, except as may be necessary in connection with a
court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or
unless otherwise required by law.

I. Small Claims Court: For claims within the jurisdictional limit of any small claims court within
the United States having jurisdiction (including personal jurisdiction) to hear the claim at issue,
you or ECL Development, LLC must bring an individual action in small claims court instead of
proceeding to arbitration. Also, if the claims in any Notice and Demand for arbitration should
have been brought in small claims court, then the party receiving the Notice and Demand may
choose to have the claims heard in small claims court, rather than in arbitration, at any time
before the arbitrator is appointed, by notifying the other party of that choice in writing. Upon
receiving such a notice, the party who submitted the Notice and Demand shall only file an action
in small claims court and may not file a demand for arbitration. If this provision is found to be
invalid, then this provision shall be severable and the matter will proceed in arbitration. Claims
brought in small claims court may only be brought in an individual capacity and not as a
representative plaintiff or class member in any purported class, collective, representative, or
mass proceeding.

J. Mass Filings of Individual Arbitrations: If you or ECL Development, LLC submits a Notice
or Demand that includes a claim that is similar to the claims of 25 or more Notices and
Demands submitted by other persons within 180 days of the Notice or Demand submitted by
you or ECL Development, LLC, or if your counsel or ECL Development, LLC’s counsel submits
claims to the responding party on behalf of 25 or more persons within 180 days of yours or ECL
Development, LLC’s Notice or Demand, the claims shall proceed in arbitration in a coordinated
proceeding pursuant to the terms of this subparagraph J.

Process Arbitrator: JAMS shall appoint a single Process Arbitrator using the JAMS Rules’
arbitrator selection process. ECL Development, LLC will pay all fees related to the Process
Arbitrator. The Process Arbitrator will be responsible for addressing procedural issues that
involve more than one batch of individualized cases, such as coordinating discovery across
batches, deciding whether claims are similar to one another, and determining whether
adjustments made be needed to the batching, bellwether, and mediation procedures set forth
below in light of the totality of circumstances presented by a particular set of similar claims. The
Process Arbitrator shall not decide the merits of any claims.

Bellwether Proceeding and Mediation: Your counsel and ECL Development, LLC’s counsel shall
select 5 cases each (10 cases in total) to proceed first in arbitration in a Bellwether Proceeding.
The remaining cases shall not be filed in arbitration until the first 10 have been decided by the
first merits arbitrator. The period of any applicable statute of limitations will be tolled for a
claimant as of the date that the claimant submitted a Notice and Demand. A party who has
served a Notice and Demand and who is waiting to file an arbitration demand may instead
choose to file a claim in a small claims court within the United States having jurisdiction over the claim. Following the first merits arbitrator’s final award, that merits arbitrator shall provide a
JAMS-appointed mediator and counsel for all parties having similar claims with a copy of the
reasoned decision explaining the bases for the final award with personal information redacted to
protect the privacy of the first 10 claimants. ECL Development, LLC will pay all fees related to
the mediation. For 90 days following the mediator’s receipt of the redacted reasoned decision,
the parties shall negotiate in good faith to achieve resolution of the outstanding claims. If the
parties are unable to resolve the remaining cases after the conclusion of this 90-day mediation
period, each side may select another 5 cases to proceed to arbitration for a second Bellwether
Proceeding followed by another mediation process as described above. This process may
continue until the parties are able to resolve all of the similar claims.

Batching of Cases: Each batch of 10 cases shall be filed as a single arbitration proceeding. The
arbitration provider shall treat each batch as one case, with each batch and case having one
demand for arbitration, one appointed arbitrator, and one set of administrative documents and
administrative and filing fees per batch. You and ECL Development, LLC agree to cooperate in
good faith with each other and the arbitration provider to implement this batching approach. If
the arbitration provider declines to batch cases or assess fees as provided for above, either
party may attempt to negotiate with the arbitration provider regarding administrative and filing
fees and then, after engaging in such negotiations, a party required to pay such fees in 25 or
more cases involving similar claims may elect to serve notice on all other parties that it will not
proceed with arbitration, in which case the other parties must file their claims in court.
Adjustments to the Batching, Bellwether Proceeding, and/or Meditation Process: If a party
cannot file a claim in small claims court, and if that party will not be able to file a claim in
arbitration within two years of having submitted a Notice and Demand in light of the procedures
set forth above, then that party or the responding party may request that the Process Arbitrator
adjust those procedures in a manner that will fairly balance the parties’ respective interests.
The Process Arbitrator will solicit, consider, and balance the parties’ legitimate interests in
formulating a plan for efficiently and fairly arbitrating the claims of such parties. The Process
Arbitrator shall consider the parties’ interests in the timely resolution of the claims, the
requirement for individualized adjudication of claims, the importance of avoiding excessive fees
and costs that may be associated with having a large number of arbitrators hearing similar
claims, and other factors that the parties may raise with the Process Arbitrator.
Court Enforcement: A court will have authority to interpret and enforce this subparagraph J and,
if necessary, to enjoin conduct that would violate this subparagraph.

Determination of Unenforceability: If any provision of this subparagraph J is found to be
unenforceable, then the entirety of this agreement to arbitrate shall be null and void, except that
the parties’ agreement to bring claims only in an individual capacity and not as not as a
representative plaintiff or class member in any purported class, collective, or mass proceeding
will remain in effect, including in any court proceeding.

K. Savings and survival: Except as provided for in subparagraphs B and J, if a court or
arbitrator having jurisdiction finds any portion of this Agreement to Arbitrate unenforceable, that
portion shall not be effective and the remainder of the agreement shall remain effective. No
waiver, express or implied, by you or ECL Development, LLC of any breach of or default
hereunder will constitute a continuing waiver of such breach or default or be deemed to be a
waiver of any preceding or subsequent breach or default. This Agreement to Arbitrate shall survive termination of any relationship you may have with ECL Development, LLC and even
after you have stopped receiving services or products from ECL Development, LLC.
L. Waiver of Jury Trial: You and ECL Development, LLC agree to waive your right to a
trial by jury for all claims in arbitration. In addition, if for any reason a claim proceeds in
court rather than through arbitration, you and ECL Development, LLC agree that there
will not be a jury trial except as to any specific claims for which applicable law provides
for a non-waivable right to a jury trial. You and ECL Development, LLC unconditionally
waive, to the maximum extent permitted by applicable law, any right to trial by jury for
any dispute, claim or controversy arising out of or relating to this Agreement or the Site,
including the determination of the scope or applicability of this Agreement to Arbitrate. In
the event of litigation, this paragraph may be filed to show a written consent to a trial by
the court.

M. Classwide Settlement: Nothing in this Agreement to Arbitrate shall preclude you or ECL
Development, LLC from negotiating or agreeing to a classwide settlement or from participating
in any court proceedings in connection with such a settlement.

N. Opting Out: If you are not already bound to an arbitration provision with ECL Development,
LLC relating to this Agreement or the Site where you had the opportunity to opt out of the
requirement to arbitrate, you can choose to reject this Agreement to Arbitrate by mailing us a
written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. If you are
already bound to such an arbitration provision relating to your use of the Site, you may opt out
of any revisions to your prior arbitration agreement made by this Agreement to Arbitrate in the
manner specified below, but opting out of such revisions shall otherwise have no effect on any
previous, other, or future arbitration agreements that you may have with ECL Development,
LLC.

The Opt-Out Notice must be postmarked no later than 30 days after the date you receive notice
of this Agreement to Arbitrate. You must mail the Opt-Out Notice to General Counsel (Litigation),
ECL Development, LLC, 6360 S. Buffalo Drive, Las Vegas, NV 89113. The Opt-Out Notice must
state that you do not agree to this Agreement to Arbitrate and must include your name, address,
phone number, and email address you provided to ECL Development, LLC. You must sign the
Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the
Agreement to Arbitrate. Opting out of the Agreement to Arbitrate will not affect the applicability
of any other terms or agreements you may have with ECL Development, LLC.

16. 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.

Updated on May 7, 2024