Effective Date: July 7, 2017
These terms of service (these “Terms”) constitute a legally binding agreement (the “Agreement”) between you and Tommy Run Inc. (“TommyRun,” “we,” “us” or “our”) governing your use of the TommyRun application, website, and technology platform (collectively, the “TommyRun Platform”), and governing your product order placements on the TommyRun Platform.
PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU, WITH LIMITED EXCEPTION, TO RESOLVE DISPUTES WITH TommyRun ON AN INDIVIDUAL BASIS (NOT AS A PLAINTIFF IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING) THROUGH FINAL AND BINDING ARBITRATION. BY SUBMITTING AN ORDER AND ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS HEREOF AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS ARBITRATION REQUIREMENT.
If you do not agree to be bound by these terms and conditions, you may not use or access the TommyRun Platform.
The TommyRun Platform and Services
The TommyRun Platform provides a marketplace where persons who desire to order construction-related equipment, tools and materials (“Customers”) may peruse and order products on the TommyRun application (the “Application”) from third-party retailers (“Retailers”), and may direct and accept delivery of such products. Customers are collectively referred to herein as “Users,” and each User shall create a User account that enables it to access to the TommyRun Platform. Pursuant to each Customer order, TommyRun intends to purchase product(s) directly from a third-party wholesaler or retailer (each a “Retailer”) for delivery to the Customer. For purposes of these Terms, the order, processing, purchasing and delivery services provided by TommyRun to Customers shall be referred to collectively as the “Services”. Any decision by a Customer to accept Services is a decision made in such User’s sole discretion.
Unless otherwise agreed by TommyRun in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
These Terms are not intended to be and shall in no event be construed as a contract-for-carriage. Transportation services rendered by TommyRun in conjunction with orders and product delivery services are done strictly in TommyRun’s capacity as Customer’s agent and property broker, as defined under 49 USC § 13102; TommyRun shall not be deemed to be a motor carrier of any type nor a freight forwarder as defined under 49 USC §13102 for purposes of transportation services under these Terms. As such, the liability of TommyRun for transportation services shall be limited to circumstances of independent negligence in its capacity as property broker, and TommyRun shall in any event not be liable to Customer for the carriage of goods arranged by TommyRun except to the extent expressly set forth herein.
Amendments to these Terms
TommyRun may amend these Terms from time to time. Amendments will be binding on you only upon your acceptance of the modified Terms; provided that your continued use of TommyRun Platform or your placement of any additional orders after any such changes shall constitute acceptance of any modified Terms, as applicable. . TommyRun reserves the right to modify any information referenced in the hyperlinks referenced in these Terms from time to time, and such modifications shall become effective upon posting. Unless material changes are made to the arbitration provisions herein, you agree that modification of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable).
Your Customer Account and Orders
You may create a member account with our Application and website by registering your name, providing certain information about yourself, such as your billing and delivery addresses, telephone number and valid credit card account number and creating a password. The TommyRun Platform may only be used by individuals who can form legally binding contracts under applicable law. In order to create a member account with our Application and website, you must be at least 18 years of age. You represent to us that you are at least 18 years old. Otherwise, you are not authorized to set up, use or maintain an account with our website and Application. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Application and website. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify us of any unauthorized use of your account on our Application or website.
Orders for products and their delivery may be placed by you on the Application. We rely upon Retailer inventory to fulfill orders that we receive, and cannot guarantee the availability or price of products that you place in your cart or order until we confirm their availability and price with you on the phone or via the Application. Prices for confirmed orders will be guaranteed as long as your order is delivered by or picked up from us within [48 hours] of order placement. We rely upon a network of personnel to source product(s) from Retailer locations. To the extent appropriate, we package and secure such product(s) for delivery to your designated location. Our delivery time estimates constitute an estimate of delivery. We intend to permit tracking of our delivery service from the Application, but our ability to deliver product to you in a timely manner is subject to product location and availability at the Retailer, check out times, and traffic conditions.
Charges and Payments
You agree to pay the amounts charged for your use of the TommyRun Platform and Services (“Charges”). Charges include product costs as indicated on the Application and separate service and delivery charges. Prices listed on the TommyRun Platform for products constitute estimates only. The actual price to be paid to a Customer shall be determined based upon direct costs, to include taxes, warranties costs and other charges, paid by TommyRun to any Retailer for products ordered by you through the TommyRun Platform, along with delivery charges and other charges set forth on TommyRun’s invoice or statement of charges at the time of Customer’s order. The delivery charge will be advised to you during the order process and will be fixed at the time the order is confirmed by you for delivery. The delivery charge may vary based upon the estimated distance of your designated location to the Retailer and traffic conditions. Delivery charges may increase during peak traffic times, and may increase or decrease en route in the event that traffic conditions change.
All Charges will be facilitated through a third-party payment processing service (e.g., PayPal). TommyRun may replace its third-party payment processing services without notice to you. Charges shall only be made through the TommyRun Platform. With the exception of tips for delivery services, cash payments are strictly prohibited.
TommyRun will advise you online during the order process in the event you are required, in order to complete an order for product(s) and/or delivery, to submit payment directly to a Retailer or any third party providing services to TommyRun, and may direct you to the Retailer’s or other third-party site for this purpose.
Credit Card Authorization and Timing of Charges
When you place an order, TommyRun reserves the right to request credit card authorization for up to 110% of the order total (to include the product purchase price and applicable delivery and service charges) to accommodate updates to your order and the potential cost variances associated with procuring product from Retailers and from delivery charges. You will only be charged the actual cost that is determined after finalizing the Retailer purchase price and cost of delivery at the time the product leaves the Retailers facility. During the authorization process, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be accepted for shopping and delivery.
Payment for items ordered and the associated delivery and service fees will be processed following our check-out process at the retailer’s location. You agree to pay promptly all charges to your account (which includes items purchased and applicable taxes) for any order placed by you or anyone who you allow to use your customer identification number or password, including members of your family, friends or any other person.
TommyRun may charge any additional fees or charges when due under the TommyRun fee schedule (including fees or charges for unloading product to a location within your premises, electronic payment rejection, redelivery fees, restocking fees, or damages arising from fraudulent use), directly to the credit card identified in your Customer account data.
In case you cancel an order in a timely manner as provided under the Delivery and Acceptance section hereof, you will not be charged for the order, but note that, in certain cases, cancellation and restocking fees may apply.
TommyRun reserves the right to establish a spending limit for your account. Your right to use the Service is also subject to limits established by your payment card issuer. You are responsible and liable for any fees, including attorneys’ fees and collection costs, that TommyRun may incur in its efforts to collect any unpaid balances from you.
Revisions to Posted Pricing
TommyRun has the authority and reserves the right to determine and modify pricing by posting revised or amended prices to the Application, and by advising Customer of any variation to the price posted on the Application during the order process. TommyRun may advise you of a price change during the order process by contacting you or your designated representative by e-mail or phone, or by advising you online during the order process. In any event, you will have the opportunity to cancel the order as a result of a price increase exceeding 10% of the product price listed on the Application.
Delivery and Acceptance
Provided that we deliver products to the area in which your designated address is located, we will deliver products that you order and for which you provide payment from the TommyRun Platform to the address designated for delivery in your Customer account data. Your designated address for delivery may be updated by you from time to time, subject to security authentication requirements. At the time that you input or update your designated address for delivery, our system attempts to determine whether we will be able to provide delivery services to your address. We reserve the right to add or expand areas for which we will deliver products, and to restrict or cancel existing service areas at any time.
At the time of order or order confirmation, you will have the opportunity to indicate whether you will require our assistance unloading product at your premises other than to the driveway, loading dock or main entrance. An additional fee will be assessed for unloading product within your premises. We will provide a cost estimate for unloading charges at the time of our checkout from the Retailer.
No signature is required for products from an order to be delivered to you; however, you must ensure that someone is present to accept delivery of your order during the range of specified times for delivery, plus an additional hour. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the order. If we cannot deliver your order or must make an additional delivery because no one is at the delivery address to receive the order during the specified range of time, you will be assessed an additional fee.
Under certain circumstances as directed by you in writing, we may agree to leave product from your order unattended at your designated delivery address. TommyRun is not responsible for damage or theft to an unattended delivery. We reserve the right to refuse to leave an order unattended if our driver considers the circumstances to be unsuitable or unsafe.
Your ordered product(s) will generally be delivered as packed at the Retailer location. We undertake no obligation to repackage or further secure product(s) except as reasonably necessary for transport purposes.
Untimely or Delayed Deliveries
We do not guarantee timely delivery of product(s) to your designated address. In the event that you place an order after 3:00 pm local time, we may elect to defer delivery until the next morning (Sundays excluded). If we agree to deliver a product to you and indicate that your location is not within our service area, we will not grant a Service Credit.
In the event that our delivery contains a “clear error”, we pledge to either deliver the missing product without a delivery charge for such product or to grant a Service credit equal to 50% of the delivery charge applicable to the missing product. A “clear error” means that we made a delivery of a product but failed to deliver the product that you ordered.
We are responsible for damage to products that occurs prior to our unloading of the product at your premises. In case a product you order gets damaged in transit to your location, you may elect to cancel the order and to obtain a refund of the applicable charges, or we will undertake to re-deliver the order We only accept responsibility for unloading product to your driveway or garage entrance, and will not enter your premises.
After ordering a product, you may only cancel an order so long as we receive your cancellation request by phone or text at (404) 507-2062 before products for your order have been loaded at the Retailer’s location for delivery to your address. We will provide notice to you once a cancellation function becomes available through the Application. We cannot cancel or reverse confirmed orders once a product has been loaded for delivery.
Following a delivery, you may elect to tip our delivery team in cash or through the TommyRun Application. Any tips will be provided entirely to the applicable driver and delivery team.
Acceptance of Ordered Products; Product Liability
We are willing to provide photographic images, at your request, of in-store products prior to their delivery to you so that you can assess their look, feel and condition. This obligation does not include images of packaged products that appear to be in standard condition.
Upon their arrival at your designated location, you shall bear sole responsibility for inspecting, examining and testing any and all products that we deliver to you, and shall be solely responsible for possessing and/or evaluating information regarding the specifications, design and intended uses of such products.
We bear no responsibility for damage to product packaging, or for invisible or undetected damage to packaged products. If you order any product in bulk, we bear no responsibility for sampled product from such bulk order. EXCEPT AS EXPRESSLY PERMITTED UNDER THESE TERMS, ANY CLAIMS THAT YOU POSSESS RELATING TO DEFECTIVE OR DAMAGED PRODUCTS MAY BE BROUGHT BY YOU EXCLUSIVELY AGAINST THE RETAILER. Notwithstanding the foregoing, we shall be liable for damage to product(s) only to the extent incurred in transit.
From time to time, you may receive credits (“TommyRun Credits”) or Discounts (“Discounts”) that you can apply toward payment of certain Charges relating to an order. TommyRun Credits and Discounts are only valid for use on the TommyRun Platform against delivery and service charges (not product costs), and are not transferable or redeemable for cash except as required by law. TommyRun Credits and Discounts cannot be combined, and if the cost of your delivery exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the delivery. Additional restrictions on TommyRun Credits and Discounts may apply as communicated to you in a relevant promotion or by clicking on the relevant TommyRun Credit or Discount within the [Payments] section of the TommyRun App.
Third Party Products
By using the Service, you will order and receive products from Retailers and other businesses which are not owned or operated by TommyRun. TommyRun may acts as agent or broker, purchasing product from a Retailer and reselling the same to you. In any event, warranty, guarantee, maintenance and all other matters concerning the product(s) ordered or received from such businesses, following delivery to you and your acceptance, are solely between you and such Retailers. TommyRun does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to the quality and availability of such products or any warranty of merchantability or purpose. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the Service.
YOU SHOULD NOT RELY SOLELY ON THE INFORMATION DISPLAYED WITHIN OUR SERVICES AND YOU SHOULD ALWAYS READ LABELS, WARNINGS AND DIRECTIONS PRIOR TO USING A PRODUCT. IF YOU HAVE QUESTIONS OR REQUIRE MORE INFORMATION ABOUT A PRODUCT, YOU SHOULD CONTACT THE MANUFACTURER OR RETAILER DIRECTLY. CONTENT MADE AVAILABLE THROUGH OUR SERVICES IS FOR GENERAL REFERENCE PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR MANUFACTURER OR RETAILER INFORMATION.
Product Returns and Refunds
Any product returns or refunds pertaining to products delivered by you shall be handled exclusively by you and the applicable Retailer. To the extent that TommyRun has purchased and resold any product to you, TommyRun agrees to cooperate and assist any effort by you to return a product at the identical Retailer location. We will only handle product returns and refunds on your behalf in the event that we have determined that damage occurred to a product your order and we purchased in transit by us from the Retailer location to your address for delivery.
You agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from TommyRun may include but are not limited to: operational communications concerning your User account or use of the TommyRun Platform or Services, updates concerning new and existing features on the TommyRun Platform, communications concerning promotions run by us or our third- party partners, and news concerning TommyRun and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.
You may be able to create or log-in to your TommyRun User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”). By connecting to TommyRun through an SNS Account, you understand that TommyRun may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the TommyRun Platform to other Users. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be your Information.
Acceptable Use Policies
With respect to your use of the TommyRun Platform and your participation in the Services, you agree that you will not:
- impersonate any person or entity;
- present any false, inaccurate or misleading information in an effort to circumvent any restrictions on access to or availability of the Services;
- violate any law, statute, rule, permit, ordinance or regulation;
- fail to take reasonable steps to protect passwords from and against misuse by unauthorized persons;
- interfere with or disrupt the Services or the TommyRun Platform or the servers or networks connected to the TommyRun Platform;
- use the Services in a manner not consistent with their intended use and that interferes with the use of Services by any third party;
- resell products ordered via the Application in a manner in violation of the policies of the applicable Retailer;
- use the TommyRun Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the TommyRun Platform or any software used on or for the TommyRun Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the TommyRun Platform or its contents; or
- cause any third party to engage in the restricted activities above.
While we do not undertake any obligation to monitor your use of the Service, if you engage in conduct that is in violation of these Policies or is otherwise illegal or improper, we reserve the right, in our discretion, to disable your account, refuse to accept orders and/or deliver products. In most cases, we will attempt to notify you of any activity in violation of these Acceptable Use Policies and request that you cease such activity; however, in cases where the viability of any of our Services are potentially threatened or cases involving illegal activities, we reserve the right to temporarily suspend your Service or access to the Service, at our sole discretion, without notification. In addition, we may take any other appropriate action, legal or otherwise, against you for violations of these Policies, which may include termination of the Service or any delivery. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring via the Service and will have no liability to any party, including you, for any violation of these Policies.
All intellectual property rights in the TommyRun Platform shall be owned by TommyRun absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the TommyRun Platform are the property of their respective owners. All software used to provide the Services is the property of TommyRun or its software suppliers and protected by United States and international copyright laws. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of TommyRun. TommyRun shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The following disclaimers are made on behalf of TommyRun, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
The TommyRun Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the TommyRun Platform and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the TommyRun Platform or Services or that the information provided thereon or therein will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the TommyRun Platform will be corrected, or that the TommyRun Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the TommyRun Platform or Services.
TommyRun advises you to use the TommyRun Platform with a data plan with unlimited or very high data usage limits, and TommyRun shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the TommyRun Platform.
This paragraph applies to any version of the TommyRun Platform that you acquire from the Apple App Store or Google Play Store. These Terms are entered into between you and TommyRun. Apple, Inc. (“Apple”) or Google (“Google”) is not a party to these Terms and shall have no obligations with respect to the TommyRun Platform. TommyRun, not Apple, or Google, as the case may be, is solely responsible for the TommyRun Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries and Google and its subsidiaries, are third party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple or Google shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. These Terms incorporates by reference Apple’s Licensed Application End User License Agreement or the Google Play Terms of Service, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement (or the Google Play Terms of Service) and these Terms, these Terms shall control.
You agree to indemnify, defend and hold harmless TommyRun, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third party information providers to the Services from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Services and/or the content made available through the Services, or any violation by you of the Terms.
Limitation of Liability
IN NO EVENT WILL TommyRun, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “TommyRun” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE TommyRun PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE TommyRun PLATFORM, THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The TommyRun Platform may be used by you to request and schedule transportation, goods, or other services with third party providers, but you agree that TommyRun has no responsibility or liability to you related to any transportation, goods or other services provided to you by third party providers other than as expressly set forth in there terms. Certain jurisdictions may not allow 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.
In no event shall we be liable for claims arising in connection with our Services, to include product liability or liability arising in connection with a delivery, except as expressly set forth in these Terms.
Term and Termination
TommyRun may suspend or terminate your access to the Services at any time for any reason with or without notice to you. You may terminate your Service at any time for any reason by delivering notice in a manner provided in these Terms, which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your TommyRun Service for any reason, you will not be entitled to a refund of any fees. TommyRun reserves the right to collect fees and charges incurred before you cancel your TommyRun Service. In addition, you are responsible for any charges incurred by TommyRun from third-party vendors, such as Retailers or delivery service providers prior to your cancellation.
Dispute Resolution and Arbitration Agreement
You and TommyRun mutually agree to waive our respective rights to resolution of disputes in a court of law by a judge or jury and agree to resolve any dispute by arbitration, as set forth below. These Terms to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with TommyRun ends. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and TommyRun, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
Except as expressly provided below, all disputes and claims between us (each a “Claim” and collectively, “Claims”) shall be exclusively resolved by binding arbitration solely between you and TommyRun. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at 331 Elizabeth St. NE, Suite A, Fulton, Atlanta, Georgia 30307. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By agreeing to arbitration, you understand that you and TommyRun are waiving the right to sue in court or have a jury trial for all Claims, except as expressly otherwise provided in this Arbitration Agreement. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to TommyRun’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by TommyRun for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of TommyRun in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to TommyRun with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by TommyRun or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of TommyRun; becomes known to you, without restriction, from a source other than TommyRun without breach of these Terms by you and otherwise not in violation of TommyRun’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to TommyRun to enable TommyRun to seek a protective order or otherwise prevent or restrict such disclosure.
Privacy and Security
In addition to providing Customers with products from Retailers, the TommyRun Platform may enable Customers to receive goods or services from other third parties. For example, Users may be able to use the TommyRun Platform to order a delivery of goods, purchase a digital item, or even request a carpool ride from a commuter going in your direction (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the TommyRun Platform, you authorize TommyRun to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that TommyRun is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the TommyRun Platform.
These Terms shall be governed by the laws of the State of Georgia without regard to choice of law principles. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these Terms. You agree that these Terms and all incorporated agreements or policies may be automatically assigned by TommyRun, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to TommyRun shall be given by certified mail, postage prepaid and return receipt requested to Tommy Run Inc. 331 Elizabeth St. NE, Suite A, Atlanta, GA 30307. Any notices to you shall be provided to you through the TommyRun Platform or given to you via the email address or physical you provide to TommyRun during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. These Terms sets forth the entire understanding and agreement between you and TommyRun with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the TommyRun Platform or Services, please contact our Customer Support Team .