Bootlegger Runs, Inc. Website Terms and Conditions

1. Introduction and Acceptance of Terms

1.1.

Introduction. Welcome to the website for Bootlegger Runs, Inc. (hereafter also referred to as the “Company,” “We,” “Our,” or “Us”). The Company is headquartered in Knoxville, Tennessee. Access the Company’s website www.bootleggerruns.com (the “Site”) is permitted only pursuant to the terms and conditions of this website user agreement (the "Agreement").

1.2.

User Defined. Any person accessing, browsing, or otherwise using the Site in any manner, whether directly, indirectly, manually, or via an automated program shall be deemed a "User" (also referred to herein as “You” or “Your”) under this Agreement. However, purchases or transactions from or through this Site may only be made by Users who are eighteen (18) years old or older.

1.3.

About the Site. www.bootleggerruns.com is a website designed to link persons in need of errands (herein “Customers”), such as pick-ups and deliveries (herein “Errands”), with persons willing to undertake such errands for hire (herein “Drivers”). Our Drivers are independent contractors. The Site is simply a facilitator for Customers and Drivers to connect, agree to the errand, agree to the fee charged for the errand, and for the Customer’s errand to be completed.

1.4.

Use is Acceptance. Your use of the Site as defined above constitutes Your acceptance of the terms and conditions of this Agreement, Your agreement to be bound by these terms and conditions, and Your affirmation that you have read and understand the this Agreement. When using a particular feature of the Site, You may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policy, or terms of service on or available on the Site and this Agreement, the provisions of this Agreement shall control. If You have any questions about this Agreement, please contact the Company before using the Site.

2. Lawful Use

2.1.

No Illegal Items. The transactions and Errands which Customers and Drivers may enter into via this Site shall be for commerce lawful in the state of pick up and the state of delivery. Errands may not consist of transporting illegal items. Drivers shall have the right to inspect, at pick up, all items for delivery. A Driver may refuse, at any time, to transport any item.

2.2.

Prohibited Interstate Deliveries. Customers shall not request, and Drivers shall not accept, transporting alcohol across state lines. Further, Customers and Drivers are expected to know for themselves whether other contemplated Errands across state lines are prohibited, and Customers shall likewise not request, and Drivers shall not accept, Errands prohibited across state lines.

2.3.

Other Regulated Deliveries. Customers and Drivers are expected to know for themselves whether the contemplated Errand is subject to limits or regulations by any local or state law. Customers shall not request, and Drivers shall not accept, Errands that exceed any regulated type or quantity.

2.4.

Information. Any information provided by You to the Company, its Drivers, or others in connection with Your use of the Site shall not (a) be false, inaccurate or misleading; (b) be obscene or indecent; (c) contain any viruses, bots, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) be defamatory, unlawfully threatening, or harassing; and (f) create liability for the Company or cause Us to lose the services of Our internet service providers or other suppliers.

2.5.

No Spamming. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail or texts.

3. Your Account

3.1.

Personal Information. In opening Your account on the Site, You agree to provide accurate and current information about You as prompted by the Site and to maintain and update Your information to keep it accurate and current. In creating an account or entering into transactions via the site, You affirm that You are over eighteen (18) years old.

3.2.

Confidentiality. You are responsible for maintaining the confidentiality of Your password, account number, credit card information, and other account information (the “Account Information”), and You are fully responsible for all activities that occur via your Account Information. You agree that Your Account Information may be used by the Company to attribute an electronic signature to You. Therefore, You shall not disclose your Account Information to third parties. You agree to notify the Company immediately of any unauthorized use of your Account Information or any other breach of Your security. The Company shall not, in any manner, be responsible or liable for fraudulent transactions that are made using Your compromised Account Information.

4. Privacy

4.1.

You agree that You have read and understand the terms of the Company’s Privacy Policy separately posted on this website.

5. The Perils of Internet Use

5.1.

Transmissions Non-confidential. You assume all responsibility and risk for Your use of the Site via the internet. You acknowledge that any uploads or transmissions You make related to the Site may potentially be intercepted and used by an unauthorized third party, including law enforcement. Accordingly, you assume all risk and responsibly for Your use of this Site.

5.2.

Computer Viruses. The Company cannot, and does not, guarantee that the Site will be free of infection from viruses or other malware that could damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, hardware, software, data, or personal information belonging to You. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output and for maintaining a means external to the Site for the reconstruction of any lost data.

5.3.

System Outages. The Company periodically schedules system downtime for maintenance of the Site and for other purposes. Further, unplanned system outages may occur. The Company shall have no liability to You for unavailability of the Site, for any reason, or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, miss-delivery, or non-delivery of information caused by such system outages. Also, the Company shall have no liability to You for any outages of web-host providers, internet infrastructure, and networks external to the Site.

6. Indemnification

6.1.

Generally. You agree to indemnify, defend, and hold the Company (and its affiliates, officers, directors, employees, attorneys, and agents) harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from (a) Your use, misuse, or abuse of the Site; (b) Your wrongful use of products or services provided through the Site; and/or (c) Your breach of any provision of this Agreement.

6.2.

Right to Defend. The Company reserves the right to preliminarily assume the exclusive defense and control of any claim against the Company attributable to Your conduct subject to indemnification as set forth above and thereafter seek reimbursement from You for any and all such costs of defense and indemnity from You for any loss, settlement, or judgment sustained.

6.3.

Cooperation. You agree to cooperate as the Company may require in defense of any claim made against the Company as a result of the foregoing conduct by You subject to indemnification.

7. Intellectual Property

7.1.

Content Protected. The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content") is the property of the Company and/or its affiliates, and is protected by state, federal, and international copyright and trademark laws, or other proprietary rights, where applicable. These rights are protected in all forms, media, and technologies existing now or hereinafter developed. You may print and download portions of the Content from the different areas of the Site solely for your personal, non-commercial, use.

7.2.

No Reproduction. Other than permitted downloads for personal use, You may not reproduce, republish, modify, alter, distribute reverse engineer, decompile, disassemble, transmit, sell, or create derivative works with respect to the Site or its Content. Certain Content may be licensed from third parties and all such third-party Content and all intellectual property rights related to the third-party Content belong to the respective third parties.

7.3.

All Rights Reserved. Any rights to the Site or its Content not expressly addressed by this Agreement are reserved by the Company. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent, copyright, or trademark of the Company or any third party.

7.4.

Other Copyrights. The Company respects the intellectual property rights of others and requires those that visit the Site to do the same. You are prohibited from use of this Site that may directly or indirectly violate the copyrights of others.

7.5.

DMCA. The Company’s policy regarding copyright infringement and the Company’s designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is as follows: Company contact this Site.

8. Limitation of Liability

8.1.

Customers. If you are a Customer, the Company’s limit of liability to You is the transaction amount for the Errand at issue alleged to have caused You loss, or, in all other situations not involving an actual or proposed Errand, the Company’s liability is limited to $100.00. You may claim direct, out-of-pocket, compensatory damages against the Company up to this amount as applicable. Under no circumstances shall the Company be liable to You for any indirect, special, consequential, loss of profits, loss of goodwill, or punitive damages (even if the Company has been advised in advance of the potential for such damages).

 

This limit on liability applies to all situations for all claims against the Company including but not limited to (a) the inability to use the Site, (b) damage to Your equipment (c) the failure of Your contracted Driver to complete an Errand, (d) cost of procurement of substitute merchandise or services, (e) theft, loss, or destruction of the items being delivered, (f) unauthorized access to or alternation of Your Account information, (g) statements, warranties, guaranties, or conduct by the Company or its representatives or Drivers.

 

Title to the items being delivered passes on delivery. From pick up to delivery, Customer retains title to, and insurable interest in, the items being delivered.

8.2.

Drivers. If you are Driver, the Company’s limit of liability to You is the transaction amount for the Errand at issue alleged to have caused You loss, or, in all other situations not involving an actual or proposed Errand, the Company’s liability is limited to $100.00. You may claim direct, out-of-pocket, compensatory damages against the Company up to this amount as applicable. Under no circumstances shall the Company be liable to You for any indirect, special, consequential, loss of profits, loss of goodwill, or punitive damages (even if the Company has been advised in advance of the potential for such damages).

 

This limit on liability applies to all situations for all claims against the Company including but not limited to (a) the inability to use the Site, (b) damage to Your equipment (c) the failure of a Customer to offer any promised Errand, (d) unauthorized access to or alternation of Your Account information, (e) statements, warranties, guaranties, or conduct by the Company or its representatives or Customers.

8.3.

Applicability. The above limitations on liability inure to the benefit of the Company’s owners, directors, officers, managers, employees, attorneys, agents, contractors, and representatives.

9. Returns

 

Should a Driver fail to show for pick up of a delivery, the Company will make a full refund to Customer of the Errand fee charged. Should a Driver pick up Customer’s items for delivery, and should Driver fail to deliver the items, the Company shall make a full refund to the Customer of the Errand fee charged. Note the Company’s limitations on further liability set forth above.

10. No Endorsement of Content and Links to Other Websites

 

Links, if any, to other websites are provided merely as a convenience to the Users of this Site. The Company does not review all such websites, has no responsibility for the content of such other websites, and shall not be liable for any damages or injury arising from any such content. The Company does not endorse or make any representations about these websites, or any information or other products or materials found there, or any results that may be obtained from using them. If You decide to access any of these other websites linked to this Site, You do so entirely at Your own risk.

11. International Users

 

The Company makes no claims that the Site or its Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries, or for certain persons. If You access the Site from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

12. User Feedback

 

Should You communicate to the Company any information, questions, requests, opinions, comments, suggestions, or the like regarding the content of the Site, the Company’s products or services, or otherwise ("Comments"), such Comments shall be deemed to be non-confidential. The Company shall have no obligation of any kind with respect to such Comments, and the Company shall be free to reproduce, use, disclose, and distribute the Comments to others.

13. Updates and Modifications to this Agreement

 

In its sole discretion, the Company may unilaterally amend or modify the terms and conditions for use of the Site (i. e. this Agreement), or any other documents referenced herein, at any time by posting the amended terms and conditions on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. The Company reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without advanced notification.

14. Termination

14.1.

Termination by the Company. The Company may immediately issue a warning, suspend, or terminate Your access to the Site or for (a) breach of this Agreement, any other agreement with the Company, or Company policy; (b) if We are unable to verify any information you provide to us; (c) Your behavior, communications, or postings by You are inconsistent with Company values; or (d) for any other reason in Our discretion.

14.2.

Termination by You. You may terminate your account for any reason by contacting us.

15. Miscellaneous

15.1.

Disputes. This agreement is governed and construed pursuant to the substantive laws of the state of Tennessee without regard to the state’s rules on conflicts of law. All disputes connected with or related to this Agreement or use of the Site shall be litigated in courts located in Knox County, Tennessee. In the event of the Company’s successful prosecution, or defense, of any suit, the Company shall be entitled to recover from the other party its reasonable attorney’s fees and litigation expenses.

15.2.

Severability. In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in this Agreement.

15.3.

Non-waiver. Any delay or failure by the Company to require performance of any provision of this Agreement shall in no manner impair the Company’s right at a later time to enforce such provision. No delay or failure by the Company in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.

15.4.

Non-assignability. You may not assign Your rights or delegate Your responsibilities hereunder without the express written permission of the Company. However, the Company may, at any time, assign its rights or delegate its obligations hereunder without advanced notice to You.

15.5.

No Third-party Beneficiaries. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.

15.6.

Entire Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between the Company and You pertaining to the subject matter hereof.