Terms of use

Terms of Use

Welcome to baytobreakers.com (the “Website”), the Internet home of the Alaska Airlines Bay to Breakers®, an annual footrace operated by Wasserman Events, LLC (“we”, “us” or the “Company”).  These terms are a legal agreement between you and the Company that governs your usage of the Website.

1. Agreement to Terms of Use.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE WEBSITE, YOU ARE EXPLICITLY ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND ARE AGREEING TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE YOUR USAGE OF THE WEBSITE.

THIS AGREEMENT MAY BE CHANGED FROM TIME TO TIME. ANY CHANGES WILL BE POSTED ON THE WEBSITE AND NOTIFICATION WILL BE PROVIDED ON THE WEBSITE. YOU EXPLICITLY ACKNOWLEDGE THE POTENTIAL OF MODIFICATION OF THESE TERMS AND YOUR CONTINUED USAGE OF THE WEBSITE AFTER NOTIFICATION OF SUCH MODIFICATION SHALL ESTABLISH YOUR ACCEPTANCE OF ANY CHANGES.

2. Privacy Policy.

In addition to these terms of use, your usage of the Website is also subject to the Privacy Policy at our Privacy Policy Page, which is expressly made a part of this agreement. When you agree to the terms in this agreement, you also agree to the Privacy Policy. It is important that you read the Privacy Policy in its entirety and discontinue your usage of the Website if you do not agree to be bound by its terms.

3. Children Under 13.

The Website is not intended for usage by children under 13. We do not knowingly request or solicit personally identifiable information from anyone under the age of 13. If we receive actual knowledge that we have collected personal information from a child under 13, we will delete that information as quickly as is reasonably possible.

4. Website Features.

(a) General Information. The Website is primarily meant to provide you with information about the Alaska Airlines Bay to Breakers. While we try to keep the information on the Website up-to-date and accurate, we take no responsibility for any incorrect information on the Website.

(b) Event Registration. Registering to participate in the Alaska Airlines Bay to Breakers requires creation of an account with racepartner.com, a third party website owned and operated by RacePartner. The information you provide to RacePartner to register for the Alaska Airlines Bay to Breakers will be shared with us, but RacePartner has its own terms of use and Privacy Policy. We are not responsible for your RacePartner account or any information you provide to RacePartner to create an account. You must contact RacePartner for any issues with your RacePartner account.

(c) Other Third Party Sites. In addition to racepartner.com, the Website may contain links to third-party sites that are not owned or controlled by the Company. We assume no responsibility for the content, products, services, policies, or practices of any third-party sites.

5. Ownership.

(a) Company Materials. Unless specifically noted otherwise, intellectual property rights in and to the material on the Website is owned by the Company. No material from the Website may be copied, republished, uploaded, posted, transmitted, or distributed, except for your personal non-commercial usage when viewing the Website. Use of the materials for any other purpose is a violation of our copyrights, trademarks and other proprietary rights.

(b) Your Materials. You retain ownership rights in anything you submit to us through the Website or via email. However, when you submit something to us (e.g. information, photos or other materials), whether through the Website or affiliated social media accounts, such as Facebook or Twitter, you grant us a perpetual, worldwide right to modify, reproduce, distribute, publicly display and perform what you have submitted, including your name and likeness, and allow others to do the same for any lawful purpose, including commercial purposes. You agree that you will not receive any compensation for or make any claim in connection with our exercise of the permissions you have granted us, including a claim based on intellectual property or privacy rights that you may have.

6. Copyrights.

If you believe that your work has been displayed on the Website or its affiliated social media channels in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is the exclusive means for notifying us and our affiliates of copyright infringement.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • 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;
  • 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.


The Copyright Agent for notice of claims of copyright infringement on the Website is the Company’s legal department:

Wasserman Events LLC
Attn: Legal Department
10960 Wilshire Blvd., Suite 2200
Los Angeles, CA 90024
fax: 310-407-0300
email: [email protected]

7. US Only.

The Website is intended for use in the United States. If you use the Website from outside of the US, you consent to having your personal data transferred to and processed in the United States.

8. Restrictions on Use.

Your permission to use the Website is expressly conditioned on your agreement not to:

  • use the materials on the Website for any commercial purpose;
  • use the Website for any illegal purpose;
  • attempt to gain unauthorized access to any other user’s computer systems or networks associated with the Website;
  • modify or attempt to modify or in any way tamper with Website;
  • use the Website or any of the materials on it in a way that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, right of privacy or right of publicity; or
  • interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.

 

9. Termination.

The Company reserves the right to suspend or terminate your access to the Website at any time if we suspect your use may be unlawful, violate the rights of third parties or any of the terms of this agreement.

10. Indemnification.

In the event of a claim against the Company related to or arising out of your actions or use of the Website or any materials you have submitted to us through the Website or otherwise, you hereby agree to indemnify, defend, and hold the Company, its affiliated companies, sponsors and partners, and all of its and their officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter that may be subject to indemnification hereunder.

11. Disclaimers.

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE USE OR OPERATION.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE; (B) ANY ACTS OR OMISSIONS OF USERS, OUR PARTNERS, ADVERTISERS OR OTHER PARTIES ON OR THROUGH THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY INJURIES PHYSICAL OR EMOTIONAL TO YOU OR THIRD PARTIES RELATED TO THE WEBSITE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE; OR (G) ANY PRODUCT LISTED OR SOLD BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE.

12. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR OUR SPONSORS, PARTNERS OR AFFILIATES, BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) THIS AGREEMENT OR THE PRIVACY POLICY; (B) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR INFORMATION, INCLUDING ANY PERSONAL INFORMATION; (C) THE WEBSITE; OR (D) ANY OF THE WEBSITE CONTENT.

THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS TERMS OF USE AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE SHALL BE FOR YOU TO DISCONTINUE USE OF THE WEBSITE.

13. Miscellaneous.

This document makes up the entire agreement between you and the Company regarding the Website and supersedes any prior agreements or understandings. If any part of this agreement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this agreement, it will not be considered a waiver. This agreement does not confer any third party beneficiary right and is fully transferable and assignable solely by us, our transferees and assigns. Any terms of this agreement that were, by their nature, intended to survive termination of the agreement will survive. This agreement shall be interpreted in accordance with the laws of California without reference to its choice of law rules. The exclusive jurisdiction and venue for any action under this agreement shall be in the state and federal courts in Los Angeles, California. You agree to accept the personal jurisdiction of such courts. The parties hereby waive any right to a trial by jury.

BAY TO BREAKERS is a trademark of Wasserman Events LLC. Without the express written permission of Wasserman Events LLC, the Alaska Airlines Bay to Breakers name or logo may not be used in connection with any product or service.  Moreover, our trademarks may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Alaska Airlines Bay to Breakers or Wasserman Events LLC.