Terms of Use
Last updated: February 28, 2022
Welcome to cleanrun.com, a website (the "Site") owned by Clean Run Production, LLC ("Clean Run"). Please review the following terms and conditions that govern your use of the Site (the "Terms of Use"). Any use in this agreement of the terms "we" or "us" or "our" means or refers to Clean Run and "you" or "your" means or refers to the user, company, its agents, affiliates or representatives.
Your access and/or use of the Site constitutes your agreement to follow and be bound by these Terms and Conditions.
You represent and warrant that you have the right, authority, and capacity to enter into the terms and to abide by all of the requirements set forth herein. You may not access or use this Site or accept these terms of use unless you are at least 18 years old.
Privacy Policy
Your access and/or use of the Site is also conditioned on your acceptance of and compliance with Clean Run's Privacy Policy. The Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Site and tells you about your privacy rights and how the law protects you.
Placing Orders for Goods
By placing an order for goods through the Site, you warrant that you are legally capable of entering into binding contracts.
Your Information
If you wish to place an order for goods available on the Site, you may be asked to supply certain information relevant to your order, including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.
Order Acceptance
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or confirmation of an agreement to sell. Verification of information may be required prior to the acceptance of an order. Errors will be corrected when discovered and Clean Run reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).
Clean Run reserves the right to refuse or cancel your order at any time for certain reasons, including but not limited to:
- Goods availability
- Errors in the description or prices for goods
- Errors in the order
- Suspicion of an unauthorized or illegal transaction
Certain orders constitute improper use of the Site. Clean Run reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Clean Run account may also be restricted or terminated for any reason, at Clean Run's sole discretion.
Your Order Cancellation Rights
The prices quoted may be revised by Clean Run subsequent to accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of Clean Run. In that event, you will have the right to cancel your order.
Any goods you purchase can only be returned in accordance with Clean Run's Returns & Exchanges Policy and the information contained herein. Please read Clean Run's Returns & Exchanges Policy to learn more about your right to cancel your order.
You will not have any right to cancel an order for the supply of any of the following goods:
- The supply of goods made to your specifications or clearly personalized.
- The supply of goods which according to their nature are not suitable to be returned (deteriorate rapidly or where the date of expiry is past).
- The supply of goods that are not suitable for return due to health protection or hygiene reasons, and were unsealed after delivery.
- The supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and you have acknowledged your loss of cancellation right.
Availability, Errors, and Inaccuracies
Clean Run is constantly updating our offerings of goods on the Site. While Clean Run attempts to be as accurate as possible, the goods available on the Site may be mispriced, described inaccurately, or unavailable.
Clean Run cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, ingredients, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
If a product offered by Clean Run is not as described, your sole remedy is to return the product.
Payments
All goods purchased are subject to a one-time payment. Payment can be made through various payment methods the Site has available, such as Visa, MasterCard, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If Clean Run does not receive the required authorization, we will not be liable for any delay or non-delivery of your order.
Risk of Loss and Shipping and Delivery
All items purchased from Clean Run are made pursuant to a shipment contract with a shipping carrier. This means that the risk of loss and title for such items pass to you upon delivery of the goods to the carrier. Goods will be shipped to the address designated by you, if applicable, so long as such address is complete and complies with any shipping restrictions contained on the Site. The time and location of delivery of the goods to you are at the discretion of the carrier.
CANADIAN ORDERS: We do not offer replacements or refunds for items that are reported missing IF the shipper is able to show confirmation that the package was delivered into your country's mail service and your country's mail system also shows that the package was delivered to the address specified on the order.
Links to Other Websites
Our Site may contain links to third-party web sites or services that are not owned or controlled by Clean Run.
Clean Run has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Clean Run 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
Clean Run strongly advises you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
User Accounts
When you create an account with Clean Run, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Site.
You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Clean Run may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach these Terms and Conditions. Upon termination, Your right to use the Site will cease immediately. If you wish to terminate your account, you may simply discontinue using the Site.
Lawful Purpose
Subject to these Terms of Use, Clean Run grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the Site.
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 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 users of Clean Run to become users of other services. Clean Run retains the right to remove any and all postings on the Site at its sole discretion and determination.
Intellectual Property
The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries.
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 user with respect to such Uploaded Design Content.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.
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.
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 user with respect to any Comments made by you, Clean Run or any other 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.
General
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.
Changed Terms
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.
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Termination
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, User Comments, Feedback and Submissions, Disclaimer of Warranty, Indemnification and Limited Liability, and Miscellaneous shall survive termination.
Miscellaneous
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.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: info@cleanrun.com
- By phone: 800-311-6503 or 413-532-1389
- By mail: 17 Industrial Dr., South Hadley, MA 01075, USA