Terms & Conditions

Agreement to Terms of Use

These Terms of Use (the “Terms of Use”) apply to the website of the Blaine County Recreation District (“BCRD”, “we”, “our” or “us”) located at www.bcrd.org and all associated sites linked to www.bcrd.org by the BCRD, including BCRD social media sites (collectively, the “Site”). The Site is the property of the BCRD and its licensors. BY USING THE SITE OR OUR ONLINE SERVICES, YOU AGREE TO THESE TERMS OF USE.

We reserve the right, in our sole discretion, to change, add or remove all or any portion of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes means that you accept and agree to the changes. As long as you comply with these Terms of Use, the BCRD grants you a personal, non-exclusive, non-transferable, non-commercial, revocable, limited privilege to enter and use the Site; provided, however, the BCRD reserves the right to terminate your license to enter and use the Site at any time. These Terms of Use supplement and are in addition to the terms of use that may apply to various social media sites we use.

Site Content and the BCRD’s Intellectual Property Rights

All text, graphics, interfaces, photographs, images, trademarks, logos, sounds, music, artwork, video and audio files, software and computer codes, and other material (collectively, “Content”), including but not limited to the design, structure, coordination, “look and feel” and arrangement of such Content, contained on the Site or as part of certain products, services or programs offered through the Site, is owned, controlled or licensed by or to the BCRD, and is protected by copyright, trademark, trade secret and various other intellectual property rights and unfair competition laws.

No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, device, website, social media platform or other medium for publication or distribution or for any commercial enterprise nor may you make or create any derivative works from the Site or Content or assist others in doing so, unless otherwise specially permitted by these Terms of Use or unless the BCRD has given its express prior written consent. The BCRD retains all right, title and interest, including all intellectual property rights, in and to the Content.

Your Use of the Site

You may not use any automatic or manual device, program, algorithm, process or methodology to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the BCRD’s systems or networks, or any systems or networks connected to the Site or to the BCRD.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any unlawful purpose, or to solicit the performance of any illegal activity or other activity which infringes the rights of the BCRD or others.

Other Terms and Conditions

Additional terms and conditions may apply to the purchases of passes or services or participation in programs and activities and to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

The BCRD may make changes to any programs or services offered on the Site, or to the applicable prices for any such programs or services, at any time, without notice. The materials on the Site with respect to programs and services may be out of date, and the BCRD makes no commitment to update the materials on the Site with respect to such programs and services.

Registration, Passwords and Security

Certain features or services offered on or through the Site may require you to register (including setting up an ID and/or password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account or registration, including your password, and for any and all activity that occurs under your account or registration as a result of your failing to keep this information secure and confidential.

You may not use anyone else’s ID, password or account at any time. The BCRD will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Our Privacy Policy found on the Site applies to use of the Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Submissions & User Generated Content License

There may be portions of the Site that allow for the posting of reviews, comments, photographs, videos or other content (“User-Generated Content”). Where the Site allows, you are permitted to submit or post such User-Generated Content as long as such content is not threatening, objectionable, illegal, obscene, defamatory (to us or anyone else), invasive of privacy or intellectual property rights, or otherwise injurious to us or third parties. Further, anything submitted may not contain malware, software viruses, spam or similar harmful programming, commercial solicitations, chain letters, or mass mailings. We reserve the right (but not the obligation) in our sole discretion to remove or edit any such content.

If you post any such content, intentionally or unintentionally, you are granting us a worldwide, non-revocable, royalty free license in said content, and we and any others we designate from time to time shall have unrestricted rights to use such content for any and all purposes whatsoever, commercial or otherwise, without any further permission from or any payment to you or anyone else. You agree to this “User-Generated Content License” whether or not your User-Generated Content is used by us. We assume no responsibility and have no liability for any User-Generated Content created or posted by you or anyone else.

Content Linked to the Site

From time to time, the Site may contain links to other independent third party websites (“Linked Sites”). Such links may be provided by us in our Content or by other users in User-Generated Content. These Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such sites, including any information, products, services or other materials contained or offered on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites and you assume all of the risk, responsibilities and consequences resulting from your use of or access to such Linked Sites. It is your responsibility to review the terms of use and privacy policies of any Linked Sites you access or interact with.

Changes to the Site

We reserve the right to do any of the following, at any time, without notice: (i) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (iii) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You agree that we shall not be liable to you or any third party for any such actions.

Indemnification

You agree to indemnify, defend and hold the BCRD, its officer, directors, employees, agents, licensors, licensees, representatives, and other authorized users (collectively, the “Indemnified Parties”), harmless from and against any and all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and expenses, suffered or made against the Indemnified Parties due to, arising out of or in connection with your use of the Site, or inability to use the Site, or that of any other person accessing the Site using your personal computer or other device, or internet access account, or your or their violation of any of these Terms of Use.

Disclaimers and Limitation of Liability

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND ANY CONTENT IS AT YOUR OWN RISK.

THE CONTENT ON THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT, SERVICE OR PROGRAM OFFERED THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT HOST SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE FULLY FUNCTIONAL, ACCURATE OR RELIABLE. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE SITE AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE.

WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OF OUR PROGRAMS OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE INTERNET AND THIS SITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE SITE BY YOU.

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM THE USE OF OR ANY INABILITY TO USE, THE SITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE SITE OR $100.00.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, ACTS OF TERRORISM, ILLNESS OR GLOBAL PANDEMNICS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE SITE AND ANY SITE, SERVICE, SERVER, SOFTWARE OR HARDWARE, OR ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE SITE.

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE IN ADDITION TO THOSE ELSEWHERE IN THESE TERMS OF USE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

WHERE CERTAIN STATE LAWS DO NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THESE TERMS OF USE, INCLUDING THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY, AND FULLY UNDERSTAND THAT THEY ARE A RELEASE OF LIABILITY.

Compliance with Applicable Law

These Terms of Use and the interpretation and enforcement thereof, and all matters relating to your access to or use of the Site, including all disputes, shall be governed by the laws of the United States and the state of Idaho, without regard to its conflicts of laws provision.

Violation of These Terms of Use

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other organizations for fraud protection purposes.

You acknowledge and agree that we may preserve any transmittal or communication by you with us through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of the BCRD, its employees, users of or visitors to the Site, and the public.

You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will cause irreparable harm to the BCRD, for which monetary damages would be inadequate, and you consent to the BCRD obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Electronic Communication

When you visit the Site or correspond with us via e-mail or by posting comments to the Site, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

Miscellaneous Provisions

No waiver of any of the provisions herein by the BCRD shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. The subject headings in these Terms of Use are provided for convenience only and shall not alter the construction or interpretation of any of its terms or provisions. If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms of Use constitute the entire agreement between you and us with regard to your access to and use of the Site. Other than as provided in a separate written agreement you enter into directly with us, we will not accept and do not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected without any need of a formal response to any counter-offer proposed. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. These Terms of Use shall be construed fairly and not interpreted for or against either party. Any remedies available to the BCRD, including any set forth in these Terms of Use, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.

These Terms of Use were last updated on January 27, 2023.

Wood River Trail Challenge is happening 1/26-2/23!

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