BY REVIEWING THIS AGREEMENT AND BY PRESSING THE "I ACCEPT" BUTTON AT THE BOTTOM OF THIS AGREEMENT, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE PRESS THE "I DECLINE" BUTTON.
You shall use the site for lawful purposes only. You shall not post or transmit through the site any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, that constitutes hate speech intended to insult any race, ethnicity, religion, sexual orientation, or national origin, or is otherwise objectionable, or that assists or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or that contains any computer viruses or computer programs that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate the site, or any other system data or information associated with the site.
Any conduct by You that, in Clean Run’s sole discretion and determination, restricts or inhibits any other subscriber/user from enjoying the site will not be permitted. You shall not use the site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Subscribers/Users of Clean Run to become subscribers/users of other services. Clean Run retains the right to remove any and all postings on the site at its sole discretion and determination.
The services offered on the site are only available to persons who can form legally binding contracts under applicable law. By way of example, persons under 18 years of age are not eligible to use the site or the services offered thereon.
Your access to the site is protected by the use of a password. It is your responsibility to guard this information and to keep it confidential. By registering, you are authorizing Clean Run to treat any person using your password as you, and any resulting transactions, obligations and liabilities shall be attributed to you as if you used the site yourself. With regard to any transactions, obligations and liabilities attributed to Subscribers/Users under a valid password, liability for such transactions, obligations and liabilities shall also be attributed to any Company or other entity supplying the subscriber/user access to the site and affiliated with or employing the subscriber/user as if the Company or other entity had used the site itself.
Unless otherwise noted, all materials, including images, illustrations, text, designs, icons, photographs, software, video clips, and written and other materials that are part of the site (collectively, the "Content"), along with any copyright, trademark, service mark, patent, trade dress and/or other proprietary or intellectual property rights in the site and the Content, are owned by or licensed to Clean Run.
Clean Run hereby authorizes you to make a single copy of the Content herein for your use in learning about, evaluating, or acquiring Clean Run's goods or services described and offered through the site (the "Services"). No right, title or interest in any downloaded materials or software or Content is transferred to you as a result of such copying. You agree that you shall not alter or remove any copyright notice or proprietary legend contained on the site or its Content and you also agree that any copy of the Content provided by you shall include Clean Run's copyright notice or any other proprietary notice included therein. You agree not to derive or attempt to derive the source code, source files or structure of all or any portion of the site or the Content by reverse engineering, disassembling, decompiling or otherwise manipulating the Content or code. You expressly agree that you shall not attempt to, and have no right by virtue of this Agreement to, transfer or sublicense any of the Content or any other material or software included on the site.
The site contains Clean Run and third-party trademarks and service marks. All marks are the property of their respective owners. Except as explicitly provided herein, all rights in the intellectual property contained in the site including copyright, trademark, trade secret and patent rights are expressly reserved for the ownership and benefit of Clean Run. Except as specifically provided herein, access to the site does not constitute a right to copy or use any of the intellectual property included on the site. You covenant that you will take no action to register or otherwise interfere with or challenge any intellectual property rights of Clean Run or its affiliates. You agree that you shall grant Clean Run a fully transferable, non-exclusive, perpetual, royalty-free license to use, reproduce, display, distribute and resell all logos, skins and designs uploaded to the site by you ("Uploaded Design Content"), and you hereby covenant not to sue Clean Run, any of its affiliates or agents or any other subscriber/user with respect to such Uploaded Design Content.
Indemnification and Limited Liability
You agree to defend, indemnify and hold Clean Run, its subsidiaries, affiliates, successors and assigns, and their respective, shareholders, directors, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site.
Clean Run SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT Clean Run HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Clean Run SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER. Clean Run SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF YOUR NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.
Subscriber/User Comments, Feedback, and Submissions
Except as otherwise provided herein with respect to Uploaded Design Content, all comments, feedback, postcards, suggestions, ideas, and other information and textual material disclosed, submitted, conveyed or offered to Clean Run by you on or through the site or otherwise disclosed, submitted or offered in connection with your use of the site (collectively, "Comments") shall be and remain Clean Run's property and shall be deemed to be non-confidential. Such disclosure, submission or offer of any Comments shall constitute an assignment to Clean Run of all-worldwide rights, title and interests in any copyrights, patent rights and other proprietary or intellectual property rights in the Comments. Thus, you assign to Clean Run, and Clean Run will possess exclusive ownership of, all rights, title and interests in any copyrights, patent rights and other proprietary and intellectual property rights in the Comments and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Again, except as otherwise indicated, Clean Run is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to you any compensation for any Comments; or (3) to respond to your Comments.
You agree that no Comments or Uploaded Design Content or any other submission provided to the site by you will violate any right of any third party, including copyright, trademark, patent, privacy or other personal or proprietary or intellectual property right(s). You further agree that no Comments or Uploaded Design Content or other submission provided by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for any Comments or Uploaded Design Content you make, and you hereby covenant not to sue Clean Run, any of its affiliates or agents or any other subscriber/user with respect to any Comments made by you, Clean Run or any other subscriber/user. YOU FURTHER SPECIFICALLY AGREE THAT Clean Run IS NOT IN ANY WAY OBLIGATED TO ACTIVELY MONITOR THE SITE FOR OBJECTIONABLE OR OFFENSIVE OR UNLAWFUL COMMENTS OR UPLOADED DESIGN CONTENT, AND YOU HEREBY HOLD HARMLESS AND COVENANT NOT TO SUE Clean Run, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO ANY COMMENTS MADE BY YOU OR OTHERS AND Clean Run SHALL HAVE NO LIABILITY THEREFORE WHATSOEVER. If such offensive, objectionable or unlawful comments are made known to Clean Run by you, Clean Run will endeavor to evaluate such comments and, in the exercise of its sole discretion, remove such comments if necessary.
We may change, move or delete portions of, or may add to, the site from time to time, including, but not limited to, content, hours of availability, and equipment and/or software needed for access or use.
We may from time to time change the rules that govern your use of the site. Clean Run shall have the right at any time, without providing individual notice, to change, modify, add or delete any terms or conditions that apply to your use of the site (“Changed Terms”). The Changed Terms shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting the Changed Terms on the site, or by electronic or conventional mail, or by any other means which adequately provide notice thereof. Any use of the site by you after such notice shall be deemed to constitute acceptance by you of the Changed Terms.
Local Laws and Taxes
You are solely responsible for abiding by all applicable local, national and governmental rules and regulations, including international and import/export laws, that may apply to you. Your use of the site shall be in accordance with these laws. You are responsible for all sales, use, goods and services, value added, and/or excise taxes that may be attributed to any transaction conducted using the site and escrow services, except for taxes based on Clean Run’s income. You are responsible for all import/export fees, duties and/or licenses as may be required by the relevant governmental authorities. You are responsible for supplying any restrictive legends or notices (e.g. copyright notices) and for properly attributing trademarks, service marks, logos and other propriety rights to their respective owners.
This Agreement is effective unless and until terminated by either you or Clean Run. Your continued use of the site constitutes your adherence to the terms of this Agreement. Either party may terminate this Agreement at any time. Upon any termination of this Agreement (1) you shall not be authorized to access the site or use any of the Content, (2) Clean Run may without notice deny your access to the site, and (3) you must promptly destroy all materials downloaded or otherwise obtained from the site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. The sections entitled Intellectual Property, subscriber/user Comments, Feedback and Submissions, Disclaimer of Warranty, Indemnification and Limited Liability, and Miscellaneous shall survive termination.
Clean Run is committed to safeguarding your privacy and security online. Please read the following policy and procedures to understand how information will be treated as you enjoy full use of our many offerings. This policy may change from time to time so please check back periodically.
Clean Run may monitor your use of the site to gather statistical information to improve the site. Clean Run does not sell, rent, or trade consumer mailing lists or customer information. All marketing efforts we undertake are targeted toward a business audience only. For each visitor to the site, our Web server recognizes information regarding the originating domain name or e-mail address. Any information volunteered by you, such as survey information and/or web site registrations and other data uploaded from your system to the site may be used for internal marketing purposes or to improve the operation or content of the site.
Subscribers/Users that create a user profile on the site and indicate that they would like to be on our mailing list may receive periodic mailings or e-mail messages from us with information on new Clean Run products and services. Clean Run does not engage in telephone solicitation.
Clean Run may also share information with its partners or with other companies that perform functions on Clean Run's behalf. These agents will only have access to information, as needed, but will be restricted from using the information for other purposes.
Clean Run may sell aggregated (non-personally identifiable) information about its users, and their product preferences generally and may also release personal information in accordance with any applicable laws, judicial orders or in order to protect the rights, property or safety of Clean Run, its users or others. Any information received by Clean Run may be subsequently assigned in connection with any transfer of substantially all of its assets to a third party.
If you have a user account set up in the store and you do not want to receive e-mail notice about new products, select "My Account" from the home page and log into your user account. Under "Log in Information" there is a setting called "Subscribe." Click on "change" to the right of it to switch the setting to "No."
Unless otherwise specified, this site and the Contents thereof are displayed solely for the purpose of promoting Clean Run's products and services. This site is controlled and operated by Clean Run from its offices in Massachusetts.
This Agreement and any operating rules established by Clean Run constitute the entire agreement of the parties with respect to the subject matter hereof. This Agreement shall be construed in accordance with the laws of the State of Massachusetts, without regard to any conflict of law provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Massachusetts and you hereby submit the jurisdiction of said courts. The section headings used herein are for convenience only and shall not be given any legal import.