Terms of Service
TERMS OF SERVICE
wear blue: run to remember is pleased to give you access to our website (the “Site”) and related applications and resources (collectively, the “Service”). Your use of the Service is subject to the binding legal agreement set forth below (“Terms”).
TERMS SUBJECT TO CHANGE
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue all or any part of the Service, including, but not limited to (i) restricting the time all or any part of the Service is available, (ii) restricting the amount of use all or any part of the Service is permitted, and (iii) restricting or terminating any user’s right to use all or any part of the Service, with or without notice; (b) charge fees in connection with the use all or any part of the Service; (c) modify or waive any fees charged in connection with all or any part of the Service; or (d) offer opportunities to some or all users of all or any part of the Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Service, in whole or in part, or of any service, content or feature offered through the Service.
You understand we may update these Terms from time to time without giving you any notice. Your continued use of all or any part of the Service following the posting of changes to these terms will mean you accept those changes. Unless we let you know posting of changes to these Terms or otherwise giving you notice, any new features or updated content or applications that we make available in connection with the Service will be subject to these Terms. In some cases, you may be asked to agree to revised terms when you log into your account and if you do not agree to revised terms you will not be allowed to use the Service.
BY USING THE SERVICE, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE SERVICE FOR ANY PURPOSE.
Your email or text message order confirmation does not constitute wear blue’s acceptance of your order, nor does it constitute confirmation of wear blue’s offer to sell the ordered products. wear blue reserves the right to decline your order for any reason whatsoever, with or without notice, following receipt of your order. wear blue reserves the right, in its sole and absolute discretion, to limit quantities ordered or to prohibit orders by dealers or for resale or fundraising purposes. The risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier for shipment.
If you are not fully satisfied with a purchase you may return it in the item’s original packaging within 14 days of the date shipped. Additional restrictions may apply. Please see our Return Policy for more details. The Return Policy is available at http://www.wearblueshop.org/pages/returns-exchanges and is hereby incorporated into these Terms in its entirety.
All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. Prices and inventory levels are subject to change without notice. wear blue will correct errors when discovered, and reserves the right to revoke any stated offer on the Site.
Although wear blue attempts to display product images as accurately as possible, it makes no representation or warranty that the color shown on your monitor is the same color as the actual product.
wear blue cannot and does not guarantee, represent or endorse the accuracy or completeness of any information, including prices, product images, specifications, availability and services, displayed or distributed through the Site. wear blue reserves the right, in its sole discretion, to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.
HOW YOU CAN USE THE SERVICE
You may use the Service for your personal, non-commercial use. You may make a single, temporary copy of resources found on the Service but only for your personal, non-commercial use, and not for further distribution or transfer to others. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, applications, products or other materials obtained from the Service, except as set forth in these Terms. Additionally, you may not: frame or mirror any part of the Service without our express prior written consent; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service, create a database by systematically downloading and storing content from the Service; intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather information, content or other materials from the Service or reproduce or circumvent the navigational structure or presentation of the Service.
NO LICENSE GRANTED
The entire content (images and text) of www.wearblueruntoremember.org is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded or otherwise used without the express written permission of Wear blue. Except for allowing you to use the Service for your personal use as set forth in the paragraph above, when you use the Service you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of wear blue. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICE OR ANY OTHER WEAR BLUE PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
CONTENT / SUBMISSIONS TO THE SERVICE
On some parts of our Service or otherwise in connection with your use of the Service, you may be allowed to post or link to content or applications or provide comments for others to see (collectively, referred to herein as “Content”). If you post, link to or contribute Content, you guarantee, represent and warrant to us that:
1. You have legal rights to post, contribute or link to such Content and it will not violate any law or the rights of any person;
2. While you or the rightful owner of the Content retain all of ownership rights in the Content, you give us (and have the necessary rights to give us) the royalty-free, irrevocable, perpetual, worldwide right to allow other people to view the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, consistent with the purposes and function of the Service;
3. You are entirely responsible for all Content you upload, post, e-mail, transmit or otherwise make available in any way by or through the Service;
4. You have the written consent, release or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Service and these Terms; and
5. For all Content, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user by or through the Service, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using the Service; and we do not screen, monitor, edit or review Content before it appears on the Service. We do have the right, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe doing so will improve the Service. We can also suspend or terminate use of the Service by anyone who does not follow these Terms. Nevertheless, because we do not prescreen Content, you understand that by using the Service, you may be exposed to Content that is offensive or objectionable.
The Service is owned by wear blue or its licensees and protected by applicable law, with all rights reserved. wear blue takes the protection of intellectual property rights, including copyrights, very seriously. wear blue will terminate your access to, or use of, all or any part of the Service, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to wear blue if they have a good-faith belief that their protected works are being infringed. wear blue will respond to all such notifications that are sent to:
Attn: DMCA Notification
PO BOX 76
DuPont, WA 98327
To be effective, the notification must be a written communication that includes:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at such site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the provider to locate the material;
4. Information reasonably sufficient to permit the provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Upon receipt of such notification, wear blue shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After wear blue removes or disables access to such material, if such material was posted by a user of the Service, wear blue will notify the party that posted the material of its action. Such party may then provide wear blue’s designated agent proper “counter-notification” stating his, her or its authority to post the allegedly infringing material, which wear blue will forward to the alleged copyright owner. wear blue will inform the alleged copyright owner that wear blue will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to wear blue’s designated agent stating that it has filed suit against the alleged infringer.
An effective counter-notification must be sent to wear blue’s designated agent, whose name and address are listed above. The notice must include the following information:
a. The counter-notifying party’s physical or electronic signature;
b. Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
c. A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
d. The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where wear blue is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided wear blue with notification or an agent of such a person.
wear blue: run to remember ® and the “shoeprint” logo are registered trademarks and considered intellectual property of wear blue. Other trademarks are the property of their respective owners. Any questions should be forwarded to firstname.lastname@example.org.
CONTESTS AND SWEEPSTAKES
From time to time, the Service might host or facilitate contests. In such cases, the contest rules shall be prominently displayed, and you agree to read such rules, comply with them and only participate in any such contests under and pursuant to the terms thereof.
The Service is intended for a general audience and it is not intended for children under the age of 13. Use of the Service is prohibited for anyone under the age of 13. If you are between 13 and 18 years of age, you must secure authorization from your parents or legal guardian before using the Service. wear blue abides by federal law and the guidelines set up by the Federal Trade Commission regarding youth privacy and the Children’s Online Privacy Protection Act (COPPA). Although the Service may contain information that may be of interest to children, the Service is not directed at children and we do not knowingly collect or solicit personal information from children under the age 13.
THIRD PARTY SERVICES
In order to access some features of the Service, you will have to create an account. You agree not to use another’s account without permission. When creating your account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree that you have no right or title in or to any Content that appears in the Service or any attributes associated with your account or stored in the Service. Although wear blue will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of wear blue or others due to such unauthorized use.
CONDUCT OF REGISTERED USERS AND VISITORS.
We believe that all users and visitors benefit from basic rules regarding conduct while using the Service. Widespread use and enjoyment of the Service is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Service:
1. You will follow these Terms and all applicable laws;
2. You will never give your password to anyone;
3. You will not harass, threaten or abuse other people when using the Service in any manner;
4. You will not interfere with others’ use of the Service or act in a way that negatively affects other users’ enjoyment of the Service;
5. You will not participate in any action that, in the sole and absolute opinion of Wear blue, results or may result in any authorized user of the Service being scammed or defrauded in any way in connection with such user’s use of the Service;
6. You will not upload, post, e-mail or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
7. You will not use or exploit any errors in design, features which have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by wear blue, and you will promptly report to wear blue your discovery of any such errors, features or bugs.
8. You will not attempt to harvest any user names or e-mail addresses from the Service for any purpose;
9. You will not collect or store personal information about any other individual on the Service, or otherwise stalk, repeatedly contact or harass another user;
10. You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with wear blue; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
11. You will not use the Service to harm minors in any way, or encourage interactions with minors of a sexual nature;
12. You will not manipulate the Service so as to hide your identity or participation in the Service (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier);
13. You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Service, users’ ability to enjoy the Service, or the proper functioning of any software, hardware or equipment or materials used in connection with the Service; and
14. You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Service.
If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Service without giving you any notice. In the event that your rights to use the Service are terminated, you will immediately lose access to any information that may be on the system.
We can terminate your access to the Service at any time. We may also remove any Content that you post without cause and without notice to you.
YOU UNDERSTAND THAT WEAR BLUE IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SERVICE FOR ANY REASON, WHETHER BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SERVICE AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD WEAR BLUE AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE SERVICE, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR ACCESS TO THE SERVICE, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICE (INCLUDING ANY DOWNLOAD FROM THE SERVICE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WEAR BLUE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT WEAR BLUE DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, WEAR BLUE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEAR BLUE OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE SERVICE, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR WEAR BLUE, EVEN IF WEAR BLUE HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. ENTIRE AGREEMENT.
BETA SERVICES; USER FEEDBACK
You understand that certain versions or features of the Service may be offered, from time to time as a “Beta Service” which means that they are still under development and that they are being provided for the purpose of gathering input about the way you use those versions or features, the stability of those versions or features or other information helpful as we develop non-Beta versions. When using a Beta Service, you are considered a “Beta User.” We grant Beta Users a non-exclusive, non-sublicensable, non-transferable license to use the Beta Service, solely for testing and evaluation purposes. We reserve the right to discontinue the Beta Test at any time and to refrain from offering a commercial version of the Beta Service. We also reserve the right to alter features, licensing terms, or other characteristics of any commercial version of the Beta Service we may choose to release. As a Beta User, you acknowledge that the Beta Service is experimental and may have defects or deficiencies that cannot or will not be corrected by Wear blue and/or its licensors or other suppliers. wear blue is under no obligation to release the Beta Service commercially, to continue offering the Beta Service, to provide Beta Users with any hard-copy documentation, support, assistance, error corrections, updates, upgrades, bug fixes and/or enhancements, or to offer any final version the Beta Service to Beta User. Beta Users have sole responsibility for the adequate protection and backup of their data used with the Beta Service. Certain Beta Services may be provided to you contingent on your agreement not to disclose any information about the nature of the Beta Services, your experience using the Beta Services or other aspects of the Beta Services features, functionality, technical specifications or quality. In such cases, you hereby agree not to disclose such proprietary information to any third party without the express written consent of wear blue.
You acknowledge that feedback concerning your experiences with the Service is essential to its improvement. You agree that wear blue or its licensors may gather information from you relating to your use of the Service, including frequency of nature of use. You also agree that we may solicit your feedback concerning your experience with the Service via a survey or other means. Such information will be used in connection with evaluating and improving the Service. You agree that wear blue may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Service. You hereby grant wear blue a royalty-free, fully-paid, worldwide, exclusive, transferable, sublicenseable, irrevocable and perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Service.
These Terms and any dispute arising under or related to these Terms will be governed by the laws of the State of Washington without regard to any conflicts of laws or choice of law provisions that would result in the application of the laws of any other jurisdiction. These Terms are the entire agreement between you and wear blue. They supersede any and all prior or contemporaneous agreements between you and wear blue relating to your use of the Service. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. We can change these Terms at any time, and your continued use of the Service after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Service. IN THE EVENT THAT YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE FOR ANY PURPOSE.
Last updated 28 August 2012.