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Terms & Conditions

RUNMITTS, LLC d/b/a WHITEPAWS RUNMITTS TERMS OF USE

Legal terms:

Plain English:

Welcome to http://www.runmitts.com/, and/or to the interactive use of the website features through Our applications that run on mobile devices (collectively, the website and the mobile application services are referred to as the "Website"), owned and operated by Runmitts, LLC d/b/a Whitepaw Runmitts ("We" or "Us" or equivalent pronouns). Upon use of the Website for any purpose, including but not limited to viewing the content on the Website, these terms of use (the "Terms of Use") constitute a contract by and between the person or entity using this Website ("You" or equivalent pronouns) and Us.  If You are using the Website as a representative of an organization You represent to us that You are authorized to bind such organization, and herein “You” or equivalent pronouns refers to both You, individually, and the organization. Your use of the Website constitutes an agreement to these Terms of Use, Our Privacy Policy and Our Acceptable Use Policy. We do not consent to Your use of the Website unless You have agreed to these Terms of Use, Acceptable Use Policy and Privacy Policy, therefore if You do not so agree, immediately cease any and all use of the Website and make no use of any kind of the Website or any Information (defined below) on the Website in the future.

Introduction. Please read the following carefully before using this Website. By accessing this Website, You acknowledge, represent, warrant and covenant that: (i) You have read and understand these Terms of Use; (ii) You have and will access the Website and use Information made available on the Website solely for Your own personal use, or use for Your business if You have been authorized to do so in the Website Order, as more fully described below. You further covenant to comply with all applicable national and international, federal and state laws, rules and regulations with respect to Your use of the Website.

This is an agreement with you and your employer if applicable, if you do not agree, you will not use the site/Website.  You will only use the site for your personal use, or for your employer’s business use, and you will comply with laws when using the site/Website.

Changes and Notice. We may change these Terms of Use, the Acceptable Use Policy and/or Our Privacy Policy at any time by posting revisions to Our Website. Your continued usage after such changes are posted constitutes acceptance of each of the revised Terms of Use and/or Privacy Policy. We encourage You to familiarize Yourself with such policies. Our Website Privacy Policy may be found at a link for "Privacy Policy" or equivalent on the Website.

 

We can change these terms, and we will try and tell you when we do.

Eligibility. Membership with or use of the Website is void where prohibited. The Website is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Website, You represent and warrant that You are 13 or older and that You agree to and to abide by all of the terms and conditions of these Terms of Use.

If you are under the age of 13 please do not use this site/Website.

Access credentials.   You may not and covenant not to disclose, share or distribute access credentials (login information) to allow anyone other than You (or in the case of a business use permitted in a Website Order, a business) to login and use the Website as You.  You covenant to maintain such login credentials confidential and secure from unauthorized access or use.

Please do not share your access rights with others

Copyrights and Limited License. All words, pictures, content, graphs, charts, data and other matters presented or made available on the Website sourced from Us are Our proprietary property and copyrighted "Copyright © 2016 Runmitts, LLC.  All rights reserved." (the "Information"). We grant You a limited, royalty free, non-exclusive, revocable license to make use of the Information for Your own personal purposes only.  For the avoidance of doubt You are specifically not authorized to access, and not authorized to use, any Information on the Website, for any business purpose other than to present information about Your own business to Your other employees/members. All other rights are expressly reserved. For the avoidance of doubt, and including by way of example and not limitation, except to the extent necessary to make use of the Website, You are not authorized to use, and You specifically covenant that that You will not use, the Information on the Website to: (i) provide access to the Information to any third person, or to otherwise distribute, make available, transmit or otherwise disseminate the Information to anyone else or to allow someone else to use the Information on the Website; (ii) download any Information on this Website (except for Your personal, or as applicable business, use); (iii) sell the Information downloaded (or copied in another form) for money, exchange or other consideration; (iv) redistribute the Information for free to anyone; (v) make any more than one print copy of the Information for Your personal (or if applicable business) use; (vi) republish the Information; (vii) make any alterations, additions or other modifications to the Information; or (viii) use the Information to compete, directly or indirectly, with Us.

No License to Trademarks. All of Our trademarks, Website marks, tradenames or other identifying marks displayed on the Website (the "Marks") are owned by Us and/or Our licensors.  The Website may also contain trademarks of third parties; such marks are owned by third parties and unless expressly stated, We are not affiliated with or associated with the owners of such third party marks, nor do we endorse or sponsor such owners or marks.  Such marks are used on the site solely to identify the goods and services of such owners and not to represent any affiliation, endorsement, or sponsorship with such trademark owners.  Except as applicable law may otherwise provide, or except as agreed to in writing by Us, We do not consent to any use of Our Marks by any person and do not grant You any right to use the Marks displayed on this Website.

As you might suspect, our site/Website is owned by us, and your right to use the content on it is subject to a license we grant you.  You cannot just take our content and republish it or use it without our express authorization or in competition with us.

Communications Decency Act Notice.  We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is not suitable to minors. You can discover some of the providers of such parental control technology by searching for "parental control software" using a major search engine, or by visiting http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm

Some of our images may not be appropriate for younger children; you should use appropriate software and common sense when allowing children 13 and over to use the site.

Misuse of the Website. You violate these Terms of Use and engage in unauthorized use of (and exceed authorized access to) Our computer systems when You make any use of the Website that is not in conformity to the limitations and permitted uses above, or that violate Our Acceptable Use Policy set out below, which is incorporated by reference.

Please do not misuse our site.  Our acceptable use policies are below.

Available Remedies. We do not validate, error check or otherwise confirm the truth or accuracy of Information posted on the Website; nor do We review or warrant the quality or accuracy of Information that You may acquire from the Website. You agree not to sue or make any claim of any kind against Us regarding Information posted or available on the Website. When We become aware of any incorrect Information, harmful activities or if We receive any claim from a third party, in Our sole and unfettered discretion We may take steps to stop the activity, such as removing the offending materials, denying the offender access to the Website, removing or deleting the Your account (and preserving the related data in case of any claim by a third party) or any other action We deem appropriate. We may be required to remove or block access to content or postings upon receipt of a proper notice of copyright infringement, and We may do so by disabling an entire page or record, instead of disabling solely the allegedly infringing content.   The sole and exclusive remedy for any claim against Us shall be for Us to repair, replace or remove erroneous or illegal Information.

If you believe we have breached our agreement or your rights, your remedy is for us to fix it, not to claim damages against us.

Advertisements. To the extent Information on the Website includes advertising, promotions or other sales related data, We are not responsible for errors in such Information, and such Information does not and is not an offer to enter into a contract, but rather, is merely a solicitation to receive offers from You. We do not vouch for, review, validate, accept responsibility for or otherwise undertake any liability arising from, third party advertiser statements, products, services or other actions of third parties.

We are not responsible for third party content on the site.

Disclaimers as to Information; Limitations of Liability.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION FOR ANY PURPOSE. THE WEBSITE AND ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND/OR THE INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, ARE SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL WE AND/OR OUR CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY SIMILAR NON-COMPENSATORY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION OR THE WEBSITE. THERE IS NO WARRANTY THAT ANY INFORMATION, WEBSITE, CONTENT, COMPUTER PROGRAM OR ANY EFFORTS PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT OF THE WEBSITE OR THE INFORMATION IS FOR US TO REPAIR, REPLACE OR OTHERWISE CORRECT (OR REMOVE) THE INFORMATION.  IN NO EVENT SHALL THE TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED ONE-HUNDRED DOLLARS ($100.00).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  THIS DISCLAIMER AND LIMITATION OF LIABILITY DOES NOT PERTAIN TO THE PRODUCT ITSELF.  FOR PRODUCT WARRANTY INFORMATION PLEASE REFER TO THE SEPARATE PAPER INSERT INCLUDED WITH THE PRODUCT AND PRODUCT PACKAGING.

Applicable laws often imply certain warranties in your favor.  You agree to waive all such implied warranties.

Linking; No Framing. We permit reasonable, good faith and non-defamatory links to the Website so long as: (i) it is clear in the link reference that We have not endorsed, or sponsored, or have not been affiliated with the contents of the referring page, and that any statements made have not been reviewed or approved by Us; and (ii) no use is made of Our Marks (though the wordmarks may be used if proper credit is provided on the page). Unless We have specifically agreed to do so in writing pursuant to a written agreement signed by Us, We do not consent to "framing" or displaying any of Our Information in connection with, inside of, in relation to, or otherwise as part of, any other Website or other information provider. We reserve the right at any time to terminate this consent, and You agree that immediately upon receipt of such notice, You will terminate all links identified by Us to be terminated.

You cannot re-display our site inside of some other site or Website, without our express permission.

Electronic Communications. You agree to transact business with Us using electronic communications, either via web forms on the Website, or via email. Electronic communications will be deemed received by You when Your email or other electronic communication system reports that any email/communication We send You, has been received by Your system, regardless of whether You ever actually open or read such communication. We may, but are not required, to use return receipt requests. Unless specifically required by applicable law, You consent to receive all notices, information, and other communications from Us concerning any subject matter, via electronic email or other electronic communication. It is Your responsibility to maintain a valid email address and electronic communication Website addresses, and We may terminate Your access to the Website at any time that We determine You are in violation of these Terms of Use, or fail to maintain a valid electronic communication address.

You agree that our interactions and contracting can be done electronically and are binding.

Direct Database Access prohibited. You may not directly access Our database except (1) via the standard /browser/graphic user interface.  You may not use (and We do not consent to) any robot, script, or other automated tool to access or use the Website, any Information, or any data or the database. You may not manually access or copy the database, Information or Website or any part of thereof, except solely and exclusively in accordance with Your license granted above. The above shall not prohibit any act permitted by law, as by, for example, a bona fide search engine that is automatically indexing the Website for its search engine database (as long as the result of a query to such search engine returns a link back to the Website), and the search engine is not re-presenting the Information in a manner that is or would be competitive to the Website, or using the Information to present in a search query response to a user, links to competing websites.

If we make our database available through the site or Website, you can only use the interfaces we provide to access that data.

Copyright Complaints. We respect the intellectual property rights of others. When We receive proper notification of alleged copyright infringement, We promptly remove or disable access to the allegedly infringing material as described herein in accordance with the Digital Millennium Copyright Act, and We may terminate the accounts of persons engaging in such acts, or take other means, including IP blocking, to disable such access. If You believe that any material on the Website infringes upon any copyright which You own or control, You may send a written notification of such infringement to Our Designated Agent at Pamela@olivergrimsley.com at Oliver & Grimsley, LLC at 502 Washington Ave., Suite 605, Towson, Maryland 21204.

If you feel as though your copyrights are infringed on our site, please tell us.  We will comply with law.

Termination. Unless a Website Order provides otherwise We may terminate Your access to the Website for any reason, or no reason, at any time in Our sole discretion, with or without notice.

We can terminate your access at any time, and without notice, unless you have a binding order for specific services that says otherwise.

Indemnity. You agree to defend, indemnify, and hold Us, Our affiliates, and Our respective officers, directors, employees and agents, harmless from and against any third party claims, actions or demands, including without limitation actual legal and accounting fees, alleging or resulting from (i) Your use of any of Our Information or Our Marks, (ii) Your use (and/or misuse) of the Website, (iii) Your breach of the terms of these Terms of Use, the Acceptable Use Policy, or the Privacy Policy, or (iv) Your violation of any applicable US, international, federal and state laws, rules and regulations.

If you breach these terms or applicable law, and we are sued by a third party as a result of your actions, you must indemnify and hold us harmless.

Reservation of rights.   We reserve all rights not expressly granted herein. Except as set forth in these Terms of Use, no express or implied license or right of any kind is granted to You regarding the Website. Except as expressly permitted herein, You covenant not to know, use, produce, receive, reproduce, copy, market, sell, distribute, transfer, translate, modify, adapt, disassemble, decompile or reverse engineer the Website or any software or intellectual property comprised in the Website, or to create derivative works based on, or obtain possession of any source code of, or technological material relating to, the Website or any portion thereof and You shall not (except as expressly permitted in this Agreement) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Website in any way.

Except as described in the licenses here, we do not grant you any other rights.

Governing Law; Choice of Forum. These Terms of Use and Your use of the Website shall be governed and construed in accordance with the laws of the State of Maryland, exclusive of its conflicts of laws principles. You consent and submit to the sole and exclusive jurisdiction and venue over any action, suit, or other legal proceeding that may arise out of or in connection with these Terms of Use, by the state or federal courts of the State of Maryland.

If there is a dispute you must come to Maryland to resolve it, under Maryland law.

Arbitration.  Except for solely equitable claims which may be pursued immediately and directly in court, all claims by a party for breach of this Agreement that are not resolved by mutual written agreement shall be settled by binding arbitration before a single arbitrator under the rules of the American Arbitration Association. The location of such arbitration shall be in the State that Our principal offices are located at the time the dispute arises, or at a location determined by the arbitrator(s).   The parties shall mutually agree on an arbitrator or if they cannot, the arbitrator shall be appointed under the rules of the American Arbitration Association. Arbitration may be commenced by either party by giving written notice to the other party that the dispute has been referred to arbitration under this Section. Any award rendered by the arbitrator shall be conclusive and binding upon the parties, provided that any such award shall be accompanied by a written opinion giving the reasons for the award. This Section shall be specifically enforceable by the parties and the decision of the arbitrator may be filed under the Federal Arbitration Act or any equivalent state arbitration act as an award of arbitration and shall be a judgment of record in such court; provided however, that either party may appeal the decision of the arbitrator as if such decision had been rendered by such court sitting without a jury, subject to all court rules and procedures for collection and stay of judgment. Each party shall pay its own expenses of arbitration and the expenses of the arbitrator shall be equally shared. In all cases each of the parties IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A DEMAND A TRIAL BY JURY of any claim arising out of or related to this Agreement or the performance or non performance of either party.

We agree and you agree that neither of us will go to a court for a remedy, unless there is an emergency (like we need to protect our rights or data from loss), instead, we will resolve our disputes in a private proceeding known as an arbitration.  This is a waiver of your right to a jury. 

Miscellaneous. We, You, and permitted successors or assigns, are the sole intended beneficiaries of this Agreement, there are no other intended beneficiaries of this Agreement, and no such unintended beneficiary or third party shall have the right to sue on or enforce this Agreement.   Each party to this Agreement shall be acting as an independent contractor, and nothing herein shall be construed to create a partnership, joint venture or any type of agency relationship between Us and You. These Terms of Use (and any Website Order) contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written).  If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect.  The parties further agree to negotiate in good faith a substitute, valid and enforceable provision that most nearly effects the parties' intent and to be bound by mutually agreed substitute provision. This Agreement may not be assigned or resold by You. No party has relied on any representation or warranty of any other party not expressly set forth in this Agreement.  No failure or delay on the part of any party in exercising any right or remedy provided in this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of or failure to exercise any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy under this Agreement. Each party’s performance under this Agreement is subject to force majeure. This Agreement is non-exclusive to the parties hereto. 

Basically, these terms constitute our only agreement, no one else has rights to enforce this agreement, we are not partners, our relationship is non exclusive, you cannot assign your rights, and you agree you have not relied on any representations except in these Terms of Use in using the site.

Questions or comments regarding these Terms of Use should be directed to Us care of Runmitt16@gmail.com.

How to contact us . . .

ACCEPTABLE USE POLICY

ACCEPTABLE USE OF Website. You agree as follows in respect of the acceptable and unacceptable uses of the Website (as defined in the Terms of Use). You will not and covenant not to:

- use or attempt to use the Website for any illegal, abusive or unethical activities as determined by Us in Our sole discretion, which include by example and not limitation, transmission of illegal pornographic material, invasion of privacy, defamation, infringement of another person's copyright, trade secret, patent, trademark or other intellectual property rights, hacking or cracking (gaining unauthorized use of a computer), distributing computer viruses or other malware, gambling, harassment of another or distribution of other harmful materials, code, programs or scripts.

- send unsolicited bulk mail messages ("junk mail" or "spam").

- breach any applicable data protection statute by, for example, sending or storing personal information (as defined in applicable data protection statutes) in an unencrypted form.

- impersonate another person, falsify the source of TCP/IP packets, spoof any portion of an email or TCP/IP header, or misrepresent authorization to act on behalf of others or Us. All messages and packets transmitted via the Internet Website should correctly identify the sender and source; You may not alter the attribution of origin in electronic mail messages or posting.

- undermine or seek to undermine the security or integrity of computing systems or networks or gain unauthorized access or control over Our computers or any other person's computers.

- permit another person to use Your resources or the Website to conduct any of the matters You are prohibited from doing.

- distribute any files in any peer-to-peer or file sharing arrangement, where it is possible that in such file sharing process any of the Website may be used to distribute copyrighted materials to or from persons who are not authorized to receive, copy, distribute or use them.

- knowingly take any action that would cause Us to violate any terms of an upstream Website provider's acceptable use policy.

The above list of acceptable and unacceptable uses of the Website is not intended to be exhaustive, but rather illustrative of the range of unacceptable uses. We have the right in Our sole discretion to determine whether any particular conduct is an acceptable use of the Website. In cases where We determine You engaged in conduct that You reasonably believed did not violate this policy in good faith, We will attempt to provide You electronic notice of Our determination that such conduct is not an acceptable use, but in an emergency as determined by Us, We may immediately terminate such access and make attempts at post termination notice.

Basically, don’t be a knucklehead when using our site.

U.S Patent No. 9,220,307