TERMS OF USE

BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS OF USE:

The website YAKIMAMILE.COM, and related websites, race-specific websites, sub-domains, and sub-sites thereof (each, the “site”) are made available by The Downtown Yakima Mile (“DYM”) subject to these Terms of Use (“Terms”). The Terms govern your access to and use of this site and its services and/or products. By accessing or using this site, or creating an account on it, you agree to these Terms. If you do not agree to these Terms, you may not use or access the site. DYM reserves the right, at any time, to modify or update these Terms without notice, and you agree to be bound by such modifications or update. Although DYM may notify you of certain changes by email or otherwise, changes may also be made without notice. You agree to periodically review these Terms for changes.

Eligibility

By accessing or using the site, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age without your parent’s or legal guardian’s permission; and (d) your access or use of the site does not violate any applicable law or regulation. DYM reserves the right, in its sole discretion, to terminate or suspend your access to, and/or use of, the site or any portion thereof, at any time, with or without notice and for any reason.

Acceptance, Applicability, and Other Agreements

These Terms apply to, and govern your access or use of, the site and you accept them by accessing or using the site, or creating an account. Each time you access or use the site or create an account, you are confirming your acceptance of these Terms, as they exist on that date. If you have entered into any other agreement with DYM, such as a race entry agreement, a liability waiver, or a sponsorship agreement, the terms and conditions of those agreements will supersede and prevail over these Terms in the event of any inconsistency. By accepting these Terms, you are also agreeing to our Privacy Policy.

Copyrights

All DYM trademarks, service marks, and logos are a part of DYM’s intellectual property assets and are protected by applicable trademark, copyright or other intellectual property laws. They may be used only as permitted by DYM. By accessing or using this site, you are agreeing to abide by those terms.

Privacy

DYM respects the privacy of your personal information, please read our Privacy Policy. By accessing or using this site, you are also agreeing to allow us to use your information as set forth in that policy.

Registration and Your Account

Certain areas of the site may require registration. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. The site may sell products or services that can be purchased by using a credit card. If you are under the age of 18 and using a credit card to purchase a product or service, you may do so only with the consent of your parent or guardian. DYM may, at any time, terminate your account, refuse your registration, and remove or edit your content in its sole discretion.

Postings

The site may, now or in the future, provide you with the opportunity to post photos, videos, audio, text, data, content, or information that will then be shared with others through the site, or otherwise by DYM. By submitting content or information of any type, you automatically grant DYM a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such photos, content, or information. DYM may sublicense all or part of its rights under this license or assign them to third parties. You also acknowledge that such submissions are non-confidential for all purposes.

Posts you make to the site may be public. You will not post or transmit any of the following materials: (1) anything that interferes with or disrupts the site or the operation of the site or any product or service made available by DYM; (2) statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others; (3) unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of another; (4) statements or material that violates other contractual or fiduciary rights, duties, or agreements; (5) statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction; (6) statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person; (7) statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of DYM, or its subsidiaries; (8) anything that violates the privacy or publicity rights of any other person; (9) statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials; or (10) files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or this site.

By posting material, you represent and warrant that: (1) you own the content posted by you on or through the site or otherwise have the right to grant the license set forth in this section, and (2) the posting of your content on or through the site does not defame anyone or violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

DYM may delete any content for any reason, including content that, in DYM’s sole judgment, is offensive, illegal, or violates the rights or threatens the safety of any person. DYM does not monitor the site for inappropriate content. If DYM becomes aware of any such content, however, DYM may (but is not required to) remove it. You are solely responsible for the content that you post on or through the site.

The site may, now or in the future, provide you with the opportunity to post photos, videos, audio, text, data, content, or information that will then be shared with others through the site, or otherwise by DYM. By submitting content or information of any type, you automatically grant DYM a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such photos, content, or information. DYM may sublicense all or part of its rights under this license or assign them to third parties. You also acknowledge that such submissions are non-confidential for all purposes.

Links

This site may provide links or references to other websites. DYM has no control over or responsibility for content on third party sites or transactions that occur there. Links or references are provided for convenience only and DYM will not be liable for any damages or injury arising from those sites. By using a third-party site, you may be agreeing to their terms and conditions, which may differ significantly from these Terms. Make certain you understand the risks and any applicable policies of third-party websites before retrieving, using, relying upon, or purchasing anything, or before otherwise transacting, via the Internet.

Linking, Crawling and Framing

The site and any content or resource viewed through it is available for your personal, private, and non-commercial use only. This includes, but is not limited to, information about DYM events, race timings, finisher lists, etc. You may link only to the site’s home page, but not to any other page or portion of the site. You agree not to, and warrant and represent that you will not assist any third party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by the site through any method (including, without limitation, through crawling, copying, caching, or framing), unless such access is expressly permitted in a written agreement executed by DYM. You may not, for instance, incorporate the information, content, or other material in any database, compilation, archive, API or cache, and may not deep-link to the site for any purpose, and may not access the site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the site. You agree not to use the site or any services made available through the site for commercial purposes and agree not to share or transfer your account login information (if any) with any third party. For avoidance of doubt, “commercial purposes” includes non-profit purposes.

Disclaimer

THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR PROVIDED OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DYM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM ERROR, INTERRUPTION, COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, DYM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. DYM HAS THE RIGHT TO MAKE CHANGES AND UPDATES TO ANY INFORMATION AVAILABLE THROUGH THE SITE WITHOUT PRIOR NOTICE.

Limitation of Liability

IN NO EVENT WILL DYM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF DYM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY) ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, CONTENT, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE OR THE INTERNET GENERALLY.

Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you. In such jurisdictions, DYM’s liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify and hold DYM and its officers and employees harmless from each claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access or use of the site, your violation of these Terms, your access or use of the site or your infringement of any intellectual property or other right of any person or entity.

Notice for Claims of Copyright Infringement

If you are a copyright owner or agent thereof and believe that content posted on the site by a DYM user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to DYM with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our site containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. DYM can be reached by mail at: Attn: Downtown Yakima Mile, 2612 W. Nob Hill Blvd., Suite H, Yakima, WA 98902 or by email at run@yakimamile.com.

Dispute Resolution

If you believe that DYM has violated these Terms, its privacy policy or your rights, you agree to notify DYM in writing and provide us with no less than thirty (30) days to resolve any dispute before bringing formal legal action. If you feel your intellectual property, privacy, or safety is at risk, the foregoing will not serve to prevent you from seeking immediate injunctive or other relief from a court of competent jurisdiction. For all other disputes, and all claims for damages, you agree to provide a reasonable cure period of no less than thirty (30) days before bringing formal legal action. The foregoing is intended to be applicable only in jurisdictions where it is not forbidden by law. You agree that any cause of action that you may desire to bring arising out of or related to these Terms and/or the site must commence within one (1) year after the cause of action arises; otherwise, such cause of action will be permanently barred. In any formal legal action interpreting these Terms, or alleging a breach of them, the prevailing party will be entitled to recover its reasonable attorneys’ fees in addition to any other damages or relief awarded by a court of competent jurisdiction.

Governing Law

You agree that these Terms (and agreement to them) and your access or use of this site are governed exclusively by the laws of the State of Washington, USA, without regard to its conflict of laws provision. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Yakima County, Washington, USA in all disputes (a) arising out of, relating to, or concerning this site and/or this agreement and/or these Terms, (b) in which this site and/or this agreement and/or these Terms is an issue or a material fact, or (c) in which this site and/or this agreement and/or these Terms is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. You agree to waive any and all objections to jurisdiction or venue in Yakima County, Washington, USA. Access or use of this site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. DYM has endeavored to comply with all legal requirements known to it in creating and maintaining this site, but makes no representation that materials on this site are appropriate or available for use in any particular jurisdiction. Access or use of this site is unauthorized in any jurisdiction where all or any portion of this site may violate any legal requirements and you agree not to access this site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement will govern such use.

General

You agree that no joint venture, partnership, employment or agency relationship exists between you and DYM (or its subsidiaries) as a result of this agreement or your use of this site. DYM’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of DYM’s right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by DYM with respect to such use.

Miscellaneous

These Terms (including, without limitation, and any other terms and conditions that may appear on the site from time-to-time) contain the full understanding with respect to your use and access of the site. If any portion of these Terms is held to be invalid or unenforceable, the invalid or unenforceable portion will be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Terms will remain in full force and effect. The failure of DYM to insist upon or enforce strict performance by you of any provision of these Terms will not be construed as a waiver of any provision or right.

We may provide notice to you relating to the site and/or these Terms by sending an e-mail to your last known email address, which you agree to provide to us automatically when it changes from the one you used to first register on the site, and any such notice will be deemed given and received on the day it is sent. Providing an email address constitutes your having opted-in to receive email communications from us in terms of compliance with, as may be applicable, the United States CAN-SPAM Act and other similar, U.S. or non-U.S. laws.

Terms are Binding

Questions

If you have questions about these Terms that you need to contact us about, please email us at run@yakimamile.com.

Last Updated: February 22, 2023