TERMS OF USE

Last Updated: March 21, 2023

These Terms of Use (“Terms”) are a binding contract between you and River Run Resort LLC/River Run Management, LLC/River Run Inn & Cabins and its corporate parents and subsidiaries (collectively, “River Run”, “we” or “us”). These Terms, together with our Privacy Policy, govern your use of riverrun-inn.com and other websites or online channels we own or operate (the “Site”) and your interactions with River Run in any manner (altogether, our “Services”). Any terms we use herein without defining them have the definitions given in the Privacy Policy. Additional, separate terms may apply to our products or services, and such additional terms will be considered a part of these Terms.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND RIVER RUN.

If you have any questions about these Terms or the Services, please contact River Run at office@riverrun-inn.com.

Acceptance

You accept these Terms by clicking to accept or agree to the Terms where this option is made available on the Services, in any agreement or electronic form, or by simply using our Services. You must agree to be unconditionally bound by these Terms to use our Services, and you must be of legal age and capacity to form a binding contract to accept these Terms. If you do not agree with any of these Terms, do not access or use the Platform. These Terms will remain in effect as long as you use the Services.

Privacy Policy

You acknowledge that you have read and understand our Privacy Policy. You may review our Privacy Policy at any time by visiting our Site.

Acceptable Use

By using the Services in any manner, you represent and warrant that (a) any information you submit to us is truthful and accurate, (b) you will maintain the accuracy of that information, and (c) your use of the Services and its features does not violate any applicable law, rule, or regulation. Any information that you provide to us will also be subject to our Privacy Policy. You may not use the Services for any commercial purpose (except when transacting business with River Run) or for any unlawful or wrongful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Services or any portion of it (including the Contents, defined in Section 4) or use it in any manner not expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Services. Tampering with the Services, conducting fraudulent activities via the Services, and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Services.

Contents and Ownership

Unless otherwise expressly indicated, the information contained on the Services, including but not limited to all images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, written information, and screens appearing on the Services, and other materials, as well as names, logos, taglines, trade dress, and other trademarks displayed on the Services, are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by River Run (collectively, the “Contents”). The Contents are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions.

As a user of the Services, you have a revocable, nontransferable, nonexclusive license to access, view the information contained on, and interact with the Services solely for your own personal or internal business use. Except for the express licenses granted herein, River Run does not grant you any right, title, or interest in the Contents. You agree to take such actions as River Run may reasonably request to perfect River Run’s rights to the Contents. Without limiting the generality of the foregoing, you do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Contents without the prior written permission of River Run. Only a duly authorized officer of River Run may grant permission or a license to use any of the Contents; any attempted grant or similar promise by anyone other than a duly authorized agent of River Run is invalid.

Trademarks

River Run’s registered and unregistered trademarks and trade dress, including names, logos, taglines, trade dress, and other trademarks, may not be copied, imitated, or used, whether in whole, partial, or modified form, without the prior written permission of River Run. You may not use any meta tags or any other hidden text utilizing a River Run name, trademark, or product name without River Run’s prior written permission. Third-party trademarks and service marks used on the Services are the property of their respective owners, and we use them with their consent. River Run and the other licensors of the marks on the Services reserve all rights with respect to all Contents and all intellectual property.

Use Restrictions

Accessing the Services does not authorize you to use the Services or any Contents in any manner other than specifically authorized by these Terms. You may not use our Contents for any purpose not expressly stated in these Terms, including in any way that might disparage River Run. The permissions described herein will terminate automatically if you breach any of these Terms. Any other use of the Contents (such as reproduction for purposes other than expressly permitted herein) without the prior written permission of River Run is strictly prohibited.

You are strictly prohibited from violating or trying to violate the security features of the Services, such as by: (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures unless we expressly authorize that you do so in writing; (c) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (d) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

You hereby agree not to use any device, software, or routine to interfere or try to interfere with the proper working of, or any activity being conducted on, the Services. You further agree not to use or try to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents that we make available on the Services and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Feedback

You may provide River Run with certain communications, suggestions, comments, improvements, ideas, or other feedback related to the Services (“Feedback”). You hereby grant to River Run all rights, titles, and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Services any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.

Notification of Infringement

It is River Run’s policy to respond to clear notices of alleged copyright infringement. This section explains the information that must be included in these notices and is designed to conform with the provisions of the Digital Millennium Copyright Act (“DMCA”). Upon receipt of a DMCA-compliant notice, River Run will expeditiously remove or disable access to the content that is the subject of the notice. If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may submit a notice to our Designated Copyright Agent at office@riverrun-inn.com with the following information in writing (you should speak with your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the River Run Site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit River Run to locate the material.
4. Information reasonably sufficient to permit River Run to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.

The administrator of an affected site or the provider of affected content may make a counter-notification under sections 512(g)(2) and (3) of the DMCA. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):

1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which River Run may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Third-Party Services

Links between the Services and third-party websites, platforms, and other services (“Third-Party Services”) are provided solely for your convenience. River Run is not responsible for the content of any Third-Party Services, nor do we make any representations about the content or accuracy of material on any Third-Party Services. The inclusion of any Third-Party Services on our Services does not imply River Run’s approval or endorsement of such Third-Party Services. If you click through to a Third-Party Service, you do so at your own risk and you will be subject to the Third-Party Service’s privacy policies and practices and not ours. Any concerns regarding any such Third-Party Service, or any hyperlink thereto, should be directed to the Third-Party Service’s owner or operator.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. RIVER RUN MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY, OR COMPLETENESS OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. RIVER RUN DOES NOT WARRANT THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WITHIN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION, OR ADVICE GIVEN BY RIVER RUN SHALL CREATE A WARRANTY WITHOUT A WRITTEN SIGNATURE BY RIVER RUN EXPRESSLY CREATING SUCH WARRANTY.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD RIVER RUN, OUR SUBSIDIARIES, OUR AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, SHAREHOLDERS, OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, DAMAGES, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, DUE OR RELATING TO OR ARISING OUT OF (A) YOUR USE OF THE SERVICES IN VIOLATION OF THESE TERMS, (B) YOUR BREACH OF THESE TERMS, OR (C) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE TERMS.

Limited Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RIVER RUN BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF RIVER RUN KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL RIVER RUN BE LIABLE TO YOU FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED  WITH  ALL  OTHER  CLAIMS,  EXCEED  THE AGGREGATE OF THE FEES  PAID  BY  YOU TO RIVER RUN DURING THE THREE MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY OR, IF NO FEES WERE PAID DURING SUCH THREE MONTH PERIOD, ONE HUNDRED US DOLLARS ($100), IN EACH CASE, WHETHER OR NOT RIVER RUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Class Action Waiver

YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST RIVER RUN RELATED TO ANY CLAIM, DISPUTE, OR CONTROVERSY, AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST RIVER RUN OTHERWISE COMMENCED ON OR AFTER THE EFFECTIVE DATE OF THESE TERMS.

Arbitration Agreement

Please read this section carefully. This section affects rights that you may otherwise have. It provides for the resolution of most disputes through arbitration instead of court trials and class actions. YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. Any controversy or claim between you and River Run arising out of or relating to (a) these Terms or the breach thereof, or (b) your access to or use of the Services, or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively by binding arbitration administered by the Judicial Arbitration and Mediation Service (“JAMS”), or its successor. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration and will be held exclusively in Okanogan County, State of Washington, USA. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS’ panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith and that they will share equally in its costs. The provisions of this section may be enforced by any Court of competent jurisdiction, and the prevailing party shall be entitled to an award of all costs, fees, and expenses, including reasonable attorneys’ fees, to be paid by the party against whom enforcement is ordered. Any and all issues shall be governed by the internal laws of the State of Washington. Each party hereby consents to the service of process by certified mail.

Governing Law

NOTWITHSTANDING THE ARBITRATION AGREEMENT, IF ANY CLAIM IS NOT SUBJECT TO ARBITRATION, YOU HEREBY CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN OKANOGAN COUNTY, WASHINGTON, WHICH IS THE PLACE OF PERFORMANCE OF THESE TERMS.

Consent to Do Business Electronically

By accessing our Site, registering with us, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you affirmatively consent to (a) River Run communicating with you electronically; (b) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from River Run electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You must have a computer or other web-enabled device, a connection to the internet, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. You may print or download Records from the Services and keep them for your own reference. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at office@riverrun-inn.com. Agreements and transactions executed prior to this request will remain valid and enforceable.

Miscellaneous

River Run controls and operates the Services from its offices within the United States. If you choose to access the Services from another location, you do so on your own initiative and are responsible for compliance with applicable local laws. You acknowledge that you may not be able to access all or some of the Services outside of the United States, and that access thereto may not be legal by certain persons or in certain countries. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without prior written consent from River Run. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect. River Run’s failure to enforce any provision of these Terms will not be deemed a waiver of that provision or any other provision of these Terms. If any provision of these Terms is held invalid or unenforceable under applicable law, that portion shall be construed in a manner consistent with applicable law to accomplish, as nearly as possible, the objective thereof, or shall be severed from the document if, and solely, to the limited extent such construction is not possible, and the remaining portion of these Terms shall remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and River Run as a result of these Terms or your use of the Services.

Changes to These Terms

River Run reserves the right to amend these Terms from time to time by updating this posting without other notice to you. All changes are effective immediately when posted. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.