TERMS AND CONDITIONS

WEBSITE TERMS OF SERVICE

This website (www.wildhorse200.com) is operated by Wild Horse 200. Throughout the site, the terms “we”, “us” and “our” refer to Wild Horse 200. Wild Horse 200 offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our events booking is hosted on SIEntries. They provide us with the online platform that allows us to register you for events.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our events, products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales or provision of our events, products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Wild Horse 200, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Wild Horse 200 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of  United Kingdom.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Website Terms of Service should be sent to us at info@wildhorse200.com

EVENTS TERMS AND CONDITIONS

Please read all the following terms and conditions set out by Wild Horse 200 (“the Organiser”) before entering any of our events (“the Event”) to confirm you understand and agree to the terms and conditions below associated with all of our events. By submitting an entry form, you (“the Participant”) agree to be bound by these Conditions (“the Conditions”).

DISCLAIMER

1. You understand that by entering the Event, you are voluntarily taking part in an extreme sporting event and entry is entirely at your own risk. You understand that taking part in the event is potentially hazardous, and that you should not enter and take part unless you are medically able and properly trained.
2. The Organiser shall not be responsible or financially liable for any accidents and/or illness suffered by you, for loss of property, any damages to equipment or cars parked on the premises or on the course, for any other damages allegedly suffered by you or caused by the general public, except where such exclusions are prohibited by law.
3. By taking part in the Event, you consent to be photographed and, should there be any, to be included in the filming of footage documenting the Event.  You hereby waive any and all rights of publicity or privacy and grant the Organiser permission to utilise your image in marketing materials without remuneration.
4. The race must be completed on foot, keeping wherever possible, to the route designated by the Organiser.
5. You will take responsibility and will assume financial liability should your action on the course cause an incident resulting in damage to other course and / or road users’ property. 
6. You understand that this disclaimer includes any claims, whether caused by negligence, the action or inaction of any of the Organisers, other participants, supporters, the general public or yourself.
7. You, for yourself and your heirs and executors, hereby waive, release and forever discharge the Organiser, the land owners of the course, their sponsors, their promoters, representatives, successors and assigns, and all other persons associated with the event, for all your liabilities, claims, actions, or damages that you may have against them arising out of or in any way connected with your participation in the Event.

ENTRY

8. The entry fee for the Event is as detailed on SiEntries and will be the fee applicable at the date of submission of the entry application. You will pay your entry fee to cover your individual entry.
9. You must not under any circumstances give or sell your entry to anyone else. Amongst other potential problems, doing so may cause problems of identification for the Event medical services in the case of any accident or injury. Any attempt to do so will result in immediate disqualification of the individual(s) concerned and ejection from the Event.
10. Where the entry form specifies Participants other than you, you will ensure that such Participants are aware of, and agree to, these Conditions.
11. On entry to the Event, you assume full and complete responsibility for any injury or accident to you which may occur whilst traveling to or from the Event, during the Event and while on the course except if arising out of the negligence of the Organiser.

EVENT SAFETY

12. You understand and assume all risks associated with participating in the Event, including but not limited to falls, contact with other Participants, effect of weather, traffic, and conditions of the road.
13. You must follow instructions as given from all event officials, including instructions at race briefing, from any Event staff, volunteers, medical personnel, security officers and other officials throughout the duration of the Event.
14. You are responsible for your awareness, recognition and understanding of event signage, symbols and colours relating to participant maps, facilities and direction.
15. If you retire from the Event, you must inform the Organiser as soon as is practicable.
16. It is your responsibility to ensure that you have the correct equipment, footwear and clothing for the Event, taking weather conditions into account.
17. Your race number must be visible full-size on your front at all times as it will be recorded at each checkpoint along the route and the ‘Important Runner Information’ on the reverse of your race number, inclusive of emergency contact details must be completed.
18. You may enter vehicles for warmth, rest and nourishment but will be disqualified if the vehicle moves, even if the intention is to return to the same place to resume, unless the vehicle is moving to another Participant in difficulty.
19. You understand that the Organiser does not recommend the use of personal music devices (such as MP3 players) on the course as you need to be aware of and be able to hear other participants, other public course / road users (such as cars and bicycles) and to hear marshals’ instructions. If you do wear headphones then it’s at your own risk.

WITHDRAWALS, CANCELLATIONS, DEFERRALS / TRANSFERS & REFUNDS

20. If you are unable to participate in the Event, you understand that a 75% refund of the cost of your entry (all ‘add-ons’ are non-refundable) will only be given if the Organiser is notified in writing (by email to info@wildhorse200.com) 12 weeks before the Event (7.00am GMT 84 days prior to the Event). No refunds of the entry fee will be made from that date onwards.
21. You may defer your race entry to another Event once in the current year or following year, with transfers only being possible to events for the same distance (or less) of your current registration. Should you be unable to compete at the deferred Event of your choice, you will not be eligible to defer again and you will not be eligible for a refund. No refunds of the entry fee will be made once your race entry has been deferred.
22. You understand that deferral and transfer will only be possible if the organiser is notified in writing 4 weeks before the Event (7.00am GMT 28 days prior to the Event) and the Event you wish to defer / transfer to has spaces available. Any requests for deferrals or transfers made from that date onwards are at the discretion of the Organiser only.
23. The Organiser reserves the right to cancel the Event.
24. Any Party affected by a force majeure event is excused from performing its obligations under the contract while the inability to perform continues and you acknowledge and accept that the Event may be cancelled for reasons out of the Organiser’s reasonable control including but not limited to flooding, severe weather, denial of access to the original course, public health, pandemic, local authority travel, movement restrictions, government decisions, disease / infection etc.  Any cancellation of the Event will be communicated to you as soon as reasonably practicable in the circumstances. If the Event is cancelled, the Organiser may (at its sole discretion) reschedule the Event at a later date. You will have the right to take part in the re-staged Event but will otherwise not receive any refund of the Entry Fee. If you are unable to take part in the re-staged Event, there will be no entitlement to any refund, in whole or in part, of the Entry Fee.
25. If the Event is cancelled, the Organiser will have no liability nor responsibility for any costs (including any travel or accommodation costs) whatsoever incurred as a result of cancellation.
26. The Organiser reserves the right to alter, at any time, the course, the timings, the distance and checkpoint locations. In the event of severe or extreme weather conditions, the Organiser reserves the right to abandon the Event at any time.  No refunds will be offered in that situation but alternatives will be sought.
27. This contract is governed by the law of England and Wales.
28. If any part of the contract is prohibited by law or judged by a court to be unlawful, void or unenforceable, it must be read as if it was removed from that contract as much as required and rendered ineffective as far as possible without affecting the rest of the contract, whether it is valid or enforceable.
29. The provisions incorporated into the contract are the entire agreement between the parties. The contract replaces all previous statements and agreements whether written or oral. No other provisions apply.
30. No third parties may use the Contracts (Rights of Third Parties) Act (“CRTPA”) to enforce any term of the contract unless stated in the contract. This does not affect third party rights and remedies that exist independently from the CRTPA.

RESOLVING DISPUTES

31. If there is a dispute between the parties, details of the dispute must be sent in writing to info@wildhorse200.com and a written response will be provided within 28 days. If the dispute is not resolved the parties must attempt settlement by mediation using the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure current at the time of the dispute. If the parties cannot agree a mediator, the mediator will be nominated by CEDR.