Website Terms of Use
Effective: June 1, 2025
Welcome to the website of Open and Run Inc. ("Open and Run", "we", "us", or "our"). The following Terms of Use govern your access to and use of www.openandrun.com and its subdomains (collectively, the "Website").
Please read these Terms carefully. By accessing or using the Website, you agree to comply with and be bound by these Terms of Use. If you do not agree, you must not access or use the Website.
1. Cookies and Tracking Technologies
We use cookies, beacons, and other tracking technologies to enhance your experience. By continuing to use our Website, you consent to our use of such technologies as outlined in our Privacy Policy. You may manage cookie preferences through your browser settings, though this may affect certain Website functionalities.
2. Ownership and Intellectual Property Rights
This Website and all its contents—including software, design, text, graphics, audio, video, logos, and layouts—are the property of Open and Run Inc. or our licensors and are protected under intellectual property laws.
You may not use any name, logo, or design belonging to Open and Run without prior written consent. All rights not expressly granted are reserved.
3. License Grant
We grant you a limited, non-exclusive, non-transferable license to use the Website solely to access content and services provided by Open and Run. We may revoke this license at any time for any reason.
4. Prohibited Use
You agree not to:
- Violate any law or regulation
- Upload harmful, offensive, or unauthorized content
- Attempt to reverse engineer or disrupt the Website
- Impersonate others or misrepresent your identity
- Spam, scrape, or harvest information from the Website
- Post or transmit malware or harmful code
- Access restricted areas without authorization
5. Links to and from Third-Party Sites
Our Website may link to third-party sites for your convenience. Open and Run does not control or endorse these sites and assumes no responsibility for them. Unauthorized linking or framing of our content is prohibited.
6. Export Control
You may not use or export content from our Website in violation of U.S. export laws or other applicable regulations. By using our Website, you confirm that you are not in a prohibited jurisdiction or on a restricted party list.
7. User Contributions
If the Website allows for user-generated content ("User Contributions"), you are solely responsible for your submissions. By submitting, you grant us the right to use, reproduce, display, and distribute such content for any lawful purpose.
You may not submit content that:
- You do not own or have permission to share
- Infringes on third-party rights
- Contains offensive, libelous, or obscene material
Open and Run reserves the right to remove content at its sole discretion and to cooperate with legal authorities where necessary.
8. DMCA Compliance
We respect intellectual property rights and comply with the Digital Millennium Copyright Act. To report copyright infringement, please email: admin@openandrun.com with:
- A description of the infringing work
- Your contact information
- A good-faith statement
- A signature of the rights holder or agent
9. Disclaimer of Warranties
The Website and its contents are provided "as is" and "as available" without warranties of any kind. We do not guarantee error-free access, uninterrupted service, or that the Website will meet your expectations.
10. Limitation of Liability
To the maximum extent permitted by law, Open and Run Inc., its employees, officers, and affiliates shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use—or inability to use—the Website or its contents. This includes, but is not limited to, damages related to:
- Legal claims
- Loss of data
- Business interruption
- Financial loss
We specifically disclaim any liability for legal outcomes or lawsuits arising from your use of the Website or our platform.
11. Indemnification
You agree to indemnify and hold harmless Open and Run Inc., its affiliates, and employees from any claims, damages, liabilities, or expenses arising from your violation of these Terms or misuse of the Website.
12. Password-Protected Areas
Certain areas of the Website may be password protected and available only to authorized users. If you have access credentials, you are responsible for maintaining their confidentiality. Open and Run may restrict or revoke access at any time.
13. Changes to Terms of Use
We reserve the right to update these Terms at any time. All changes are effective immediately upon posting. Your continued use of the Website means you accept the updated Terms.
14. Governing Law & Jurisdiction
These Terms are governed by the laws of the State of New York. Any disputes arising under or related to these Terms shall be resolved exclusively in courts located in New York County, NY, and you consent to that jurisdiction.
15. Force Majeure
Open and Run shall not be liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, power outages, or internet disruptions.
16. Severability & No Waiver
If any part of these Terms is found unenforceable, the rest will remain in effect. No waiver of any term is considered a waiver of any other term or continuing waiver.
17. Contact Information
admin@openandrun.com