Terms, Conditions and Disclaimer

Terms and Conditions (“Terms”)

Last updated: July 31, 2021

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.sunland-park.com website and the Sunland Park mobile application (collectively the “Service”) operated by My Way Holdings, LLC dba Sunland Park Racetrack & Casino (“Sunland Park”, “us”, “we”, or “our”). The terms “you” or “your” apply to viewers and users of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

Privacy policy

Before you continue using our Service, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

Age restriction

You must be at least 21 (twenty-one) years of age before you can use the Service. By using the Service, you warrant that you are at least 21 years of age, have the capacity to enter this Agreement and you are legally bound by it. Sunland Park assumes no responsibility for liabilities related to age misrepresentation.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, address, and payment information.

Subscriptions

Some parts of the Service may be billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring basis as described in the Subscription information.

Content

The content of the Service is for your information and use and is subject to change without notice. We do our best to keep the information current and accurate, but make no representations or warranties of any kind, express or implied, about the information. You agree that we will not be liable for any errors or inaccuracies in the information. Your use of the Service is at your own risk, which we will not be liable for.

Copyright Notice

The Service contains information that is owned by or licensed to us. Reproduction or other use of the information or anything else contained in the Service without our express permission is prohibited. We grant you a non-exclusive, royalty free revocable license to privately view and use the Services and the information contained therein.

Data Mining

Automated gathering of data from the Service is prohibited.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Sunland Park. Sunland Park has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. Links to third-party web sites or services do not indicate our endorsement. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide advance notice prior to any new terms taking effect. What constitutes a material change will be determined in our sole discretion.

User accounts

As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password. If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them. We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.

Text Alerts

Sunland Park is offering a text alert program in connection with its mobile app. Once you join, you will receive a text to confirm your participation in the program. From time to time, Sunland Park may use this program to send you special offers and information about upcoming events. Sunland Park may also use your mobile phone’s location to send you promotions, offers and upcoming events. You can opt out at any time by texting _________ to _____________. This service is offered on an “AS-IS” basis and may not work in certain areas or under certain conditions.

Standard message and data rates may apply. Consult your mobile service provider for more information.

Prohibited Conduct

While using the Service, you are prohibited from:
• Using the Service unlawfully;
• Harassing, threatening, abusing or intimidating other users;
• Impersonating someone else or using someone else’s account;
• Spamming other users;
• Reverse engineering the Service or any part thereof;
• Developing third party apps that interact with the Service;
• Interfering or attempting to interfere with the Service;
• Using the Service in any way that interferes with others’ enjoyment of the Service or that might damage, disable or impair the Service.

Sunland Park reserves the right to terminate access to the Service at any time, for any reason.

Applicable law

By visiting this website, you agree that the laws of the State of New Mexico, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Sunland Park, or its business partners and associates, and you.

Disputes

Any dispute related in any way to your visit or use of the Service or to purchases you make from us shall be decided by state or federal court located in Dona Ana County, New Mexico, and you consent to exclusive jurisdiction and venue of such courts.

Indemnification

You agree to indemnify and hold harmless Sunland Park, its owners, managers, directors, employees and agents against legal claims and demands, and damages of any kind, including without limitation reasonable attorney’s fees, that may arise from your use or misuse of our Service. We reserve the right to select our own legal counsel.

Disclaimer

The information contained on the Service is for general information purposes only. Sunland Park assumes no responsibility for errors or omissions in the contents or the operation of the Service. This disclaimer includes, but is not limited to, any losses or injuries caused by technical failures or delays of any type, any damages to your computer or wireless device, or any other loss caused (directly or indirectly) by your participation in the Service. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or its contents. Sunland Park reserves the right to make additions, deletions or modification to the contents on the Service at any time without prior notice. Sunland Park does not warrant that the website is free of viruses or other harmful components.

Right to Terminate

Sunland Park reserves the right to terminate your access to the Service at any time and for any reason.

Contact Us

If you have any questions about these Terms, please contact us at:

Sunland Park Racetrack & Casino
1200 Futurity Drive
Sunland Park, NM 88063

E-mail: [email protected]

Phone: 575/874-5200