All images, photographs, animations, video, audio, music, text, the overall “look and feel” of the Site, processes, software, technology, features, functionality, and other materials that appear on or are connected to the Site (including the selection, arrangement, and compilation thereof), as well as the business processes used to market products and services (collectively, the “Content”), are owned, controlled, or licensed by Runza®, one of its affiliates, or by third parties who have licensed their materials to Runza®, and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Runza® grants you a limited, nonexclusive, revocable license to access and use the Site for personal, non-commercial purposes only. This license does not include any right to (a) print, download, reproduce, copy, distribute, publicly display, publicly perform, republish, store, transmit, or modify the Site or the Content or any portion or derivative thereof (other than printing limited copies for personal, non-commercial use, automatic caching, and temporary RAM storage of Site materials incidental to viewing of or access to the Site); (b) resell or commercially use any collection or any product listings, descriptions, or prices (unless you have a business relationship with us that authorizes such use); (c) create derivative works of this Site or the Content; (d) download or copy any account information for the benefit of another merchant; (e) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Runza®; (f) use any metatags or any other “hidden text” utilizing Runza®’s name or trademarks; or (g) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any goods, services, or materials available through the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must immediately return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any Content is transferred to you, and all rights not expressly granted are reserved by us and/or our affiliates and third-party licensors. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Runza® names and logos and all related names, logos, product names, service names, designs, and slogans are the trademarks or service marks of Runza National, Inc. or its affiliates. You must not use such marks without the prior written permission of Runza®. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo, or mark in any manner.
We reserve the right to withdraw or amend this Site, and any good or service we provide through the Site or any Content on the Site, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, including if, in our opinion, you have violated any provision of these Terms.
We are committed to providing access to our Site for individuals with disabilities. We strive to keep up with industry standards regarding accessibility of the Site. The Site was designed to satisfy the Web Content Accessibility Guidelines 2.0, W3C World Wide Web Consortium Recommendation (Latest version at http://www.w3.org/TR/WCAG20/). Whether you are using assistive technologies like a screen reader, a magnifier, voice recognition software, or captions for videos, our goal is to make your use of our technology a successful and enjoyable experience. If you encounter a problem using or accessing any element of this Site or any of our mobile apps or tools, or would like to provide feedback regarding how we can better accommodate your use of the Site, please contact us and we will work with you to provide the information, item or transaction you seek through a communication method that is accessible for you consistent with applicable law (for example, through telephone support). Please indicate the nature of your accessibility problem, the preferred format you would like to receive Site material, the web address of the inaccessible material, and your contact information so that we may respond in a manner most helpful to you.
The Site is targeted to persons at least 18 years of age. Individuals under the age of 13 are not permitted to use the Site under any circumstances. Individuals who are age 13 or older but under the age of 18 (individually, a “Permitted Minor”, and collectively, “Permitted Minors”) are only allowed to use the Site with the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are the parent or guardian agreeing to these Terms on behalf of a Permitted Minor, you are fully responsible for the Permitted Minor’s use of the Site, including all financial charges and legal liability that the Permitted Minor may incur. We do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on our Site, we will remove that information as soon as possible. Although we are proud of the efforts that we have completed and that are in-progress, we at Runza® view accessibility as an ongoing effort.
Parties other than Runza® may operate stores, provide services, or sell product lines on this Site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Runza® does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
The Site may contain feedback, submissions, stories, and other user features (collectively, “User Services”) that allow users to post, submit, publish, display, or transmit (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the Content Standards set out in these Terms.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE RUNZA® AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of User Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please see the “Copyright Issues” section of these Terms for instructions on sending us a notice of copyright infringement. It is the policy of Runza® to terminate the user accounts of repeat infringers.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
Violations of system or network security may result in civil or criminal liability.
Runza® makes commercially reasonable efforts to provide accurate information via this Site. Runza®, its employees, affiliates, and suppliers make no warranty or representation as to the accuracy, completeness, quality, or usefulness of the Content and assume no liability for any errors or omissions in any portion of the Content. Any reliance you place on such Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of the Content.
This Site may include content provided by third parties. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. This Site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on this Site; (b) send emails or other communications with certain content, or links to certain content, on this Site; or (c) cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not: (a) establish a link from any website that is not owned by you; (b) cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, by framing, deep linking, or in-line linking; (c) link to any part of the Site other than the homepage; or (d) otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
You agree to indemnify, defend, and hold Runza®, and its affiliates, licensors, service providers, suppliers, employees, and agents harmless from all claims, actions, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site. If you violate or infringe upon the rights of any third party, they shall have all remedies at law and in equity to enforce their rights against you to the extent applicable arising from your actions.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY RUNZA® ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER RUNZA® NOR ANY PERSON AFFILIATED WITH RUNZA® MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY OF THE FOLLOWING: (A) THE CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; (B) THE COMPLETENESS, ACCURACY, RELIABILITY, QUALITY, OR CURRENCY OF ANY CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; (C) THE OPERATION, AVAILABILITY, OR PERFORMANCE OF THE SITE (INCLUDING THAT THE SITE WILL PERFORM UNINTERRUPTED OR ERROR-FREE); OR (D) THE SECURITY OF THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE (INCLUDING THAT THE SITE OR THE SERVERS ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, OR OTHER HARMFUL COMPONENTS). YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RUNZA®, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM ANY CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES OBTAINED THROUGH THE SITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, DENIAL-OF-SERVICE ATTACKS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR OTHER TECHNOLOIGICALLY HARMFUL MATERIAL OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORZIED ACCESS TO RUNZA®’S RECORDS, PROGRAMS, OR SERVICES. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES AVAILABLE THROUGH THE SITE. RUNZA® SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, PAIN AND SUFFERING, AND EMOTIONAL DISTRESS) ARISING FROM THE USE OF THE SITE, OR THE PURCHASE OR DOWNLOAD OF ANY CONTENT, PRODUCTS, OR SERVICES, EVEN IF RUNZA® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 might have additional rights.
Any unauthorized use terminates the permission or license granted by Runza®. Runza® shall have the right to temporarily or indefinitely suspend or terminate your right to use or access all or any part of the Site, including any account therein, without notice and without liability to you, for any reason in Runza®’s sole discretion, including if you violate any of the Terms. Runza® shall have all additional rights and remedies at law and in equity arising from such violation. Runza® shall also have the right to take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Site.
The owner of the Site is based in the state of Nebraska in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Nebraska without giving effect to any choice or conflict of law provision or rule (whether of the State of Nebraska or any other jurisdiction). You agree that any and all disputes, claims, and causes of action arising out of or connected with the use of this Site or online ordering from Runza.com (i) shall be resolved individually, without resort to any form of class action; and (ii) shall be resolved exclusively in the federal courts of the United States or the courts of the State of Nebraska (in each case located in the City of Lincoln and County of Lancaster), and you agree to submit to the nonexclusive personal jurisdiction of such courts and waive any objection to the jurisdiction or the venue of any litigation in said courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter Notice must include substantially the following:
Our designated copyright agent to receive DMCA Notices and Counter Notices is: Alan D. Slattery, Rembolt Ludtke LLP, 3 Landmark Centre, 1128 Lincoln Mall, Suite 300, Lincoln, NE 68508.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Similarly, if you fail to comply with all of the requirements of Section 512(g)(3) of the DMCA, your Counter Notice may not be effective.
The DMCA allows us to restore removed content if the party filing the original DMCA Notice does not file a court action to enforce its copyright within ten business days of receiving a copy of a Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, or if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers, and to withdraw such users’ access to the Site.
We may update the Content and the goods and services offered through the Site from time to time, but such information is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
These Terms were last updated on June 1, 2019. We reserve the right to update or modify these Terms at any time without prior notice to you. All changes to the Terms are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. For this reason, we recommend that you review these Terms whenever you visit the Site.
You authorize us to send you notifications, newsletters, and order receipts to the email address(es) you provide. You may opt out by following the instructions on the message. You confirm that you are the only person who opens e-mail at the address(es) you have provided or that if anyone else opens the e-mail, you waive any claims of a violation of your privacy or of potential third-party disclosure in favor of the convenience of communicating via e-mail.
Runza® is a registered trademark of Runza National, Inc. Copyright © 2019 Runza National, Inc. All rights reserved.