Last updated 23rd May 2018

SUMMARY

PLEASE READ THESE TERMS CAREFULLY EACH TIME YOU USE THE WEBSITE AND OTHER ONLINE OR MOBILE SERVICES OR APPLICATIONS OF MORTON RUNNING COMPANY LTD. BY ACCESSING OR USING OUR WEBSITE OR OTHER ONLINE OR MOBILE SERVICES OR APPLICATIONS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE - DO NOT USE OUR WEBSITE OR OTHER ONLINE OR MOBILE SERVICES OR APPLICATIONS.

This website is operated by Morton Running Company Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Morton Running Company Ltd. Morton Running Company Ltd. offers this website and other online or mobile services or applications (collectively, the "Services") to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Morton Running Company Ltd. for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorised to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and Morton Running Company Ltd. for violations of these Terms.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Morton Running Company Ltd. reserves the right to change or modify these Terms or any policy or guideline of the Services, at any time and at our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Services, and you waive any right you may have to receive specific notice of such changes or modifications. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If you do not agree to the amended terms, you must stop using the Services (which you may do without penalty). If you have any question regarding the Services or these Terms, please refer to our Customer Support Section. All other questions or comments about the Services should be directed to info@mortonrunning.com.

Our store is hosted by Lightspeed eCom. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

GENERAL TERMS & CONDITIONS (“T&Cs”)

By agreeing to these T&Cs, you confirm that you are of adult age, i.e. 16 years or older and are permitted to engage in a commercial transaction on this website.

You are not permitted to use any of our products for any illegal purpose, this includes copyright laws.

You are not permitted to use or introduce any viruses or harmful IT content to the website or electronic services provided by us.

Any violation of these T&Cs will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted over various networks. Credit card information is always encrypted during transfer over networks.

You are not permitted to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

ACCURACY OF INFORMATION

We will not be held accountable if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary or more accurate sources of information. You use the material on this site at your own risk.

This site may contain historical information. Historical information is not necessarily current and is provided for your information only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

MODIFICATIONS

Prices for our products are subject to change without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any item.

 

PRODUCTS OR SERVICES

Access to this website and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair, or for reasons beyond our control. Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display the products featured as accurately as possible. However, the colours we use, as well as the display and colour capabilities of your particular computer monitor, may greatly affect the colours you actually see on the screen. We cannot be held responsible for any limitations of your monitor and cannot guarantee that your monitor's display of any colour, texture, or detail of merchandise will be accurate/the same as the actual product.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We will exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

To create a profile or post a comment on the website, you may need to register for an online account. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim, including trademark rights, in those names.

In consideration of your use of the Services, you agree to provide accurate, current and complete information; maintain and promptly update your account information; maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us and promptly notify us if you discover or otherwise suspect any security breaches related to the Services.

For more detail, please review our Returns Policy.

 

COPYRIGHT AND LIMITED LICENCE

Unless otherwise indicated on the Services, the Services and all content and other materials therein, including, without limitation, the Morton Running Company Ltd. logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of Morton Running Company Ltd. or our licensors or users and are protected by UK and international copyright laws.

You are granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Content; however, such license is subject to these Terms and does not include (a) any resale or commercial use of the Services or the Content therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Content; (d) modifying or otherwise making any derivative uses of the Services or the Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Content or any information contained therein, except as expressly permitted on the Services; and (g) any use of the Services or the Content other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without the prior written permission of Morton Running Company Ltd., is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

 

TRADEMARKS

"Morton Running Company Ltd.," "Morton Running Company," "MRC Run Club," “Get prepared…,” and the Morton Running Company logo and any other Morton Running Company product or service names, logos or slogans that may appear on the Services are trademarks of Morton Running Company Ltd. and may not be copied, imitated or used, in whole or in part, without the prior written permission of us or the applicable trademark holder. You may not use any metatags or other "hidden text" utilizing "Morton Running Company," "MRC Run Club," "Get prepared…" or any other name, trademark or product or service name of Morton Running Company Ltd. without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Morton Running Company Ltd.

 

HYPERLINKS

You are granted a limited, nonexclusive right to create a text hyperlink to our website for non-commercial purposes, provided that such link does not portray Morton Running Company Ltd. or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Morton Running Company Ltd. logo or other proprietary graphic of ours to link to the Services without the express written permission of us. Further, you may not use, frame or utilize framing techniques to enclose any Morton Running Company Ltd. trademark, logo or other proprietary information, including the images found on our website, the content of any text or the layout/design of any page or form contained on a page on the website without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Morton Running Company Ltd. or any third party.

Morton Running Company Ltd. makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the website, or websites linking to our website. Such sites are not under the control of Morton Running Company Ltd., and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Morton Running Company Ltd. provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave our website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our website.

 

THIRD-PARTY CONTENT

Certain content, products and services available via our Service may include materials from third-parties.

Morton Running Company Ltd. may provide third-party content on the Services and may provide links to web pages and content of third parties (collectively, "Third-Party Content") as a service to those interested in this information. Morton Running Company Ltd. does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Morton Running Company Ltd. is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.

 

USER CONTENT, FEEDBACK AND OTHER SUBMISSIONS

The Services we provide may include discussion forums, blogs or other interactive features or areas in which you or other users create, post, transmit or store content, including but not limited to text, music, sound, photos, video, Product Reviews, graphics, code and other items or materials (collectively, "User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile. You agree that you are solely responsible for your User Content and for your use of such interactive areas, and that you use them at your own risk.

By using the interactive areas of the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

 

  • User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

 

  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, regional, national or international law;

 

  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

 

  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

 

  • Unsolicited promotions, political campaigning, advertising or solicitations;

 

  • Confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers;

 

  • Viruses, corrupted data or other harmful, disruptive or destructive files; or

 

  • User Content that, in the sole judgment of Morton Running Company Ltd., is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.

 

You further agree that you will not violate any law, contract, intellectual property or other third-party right and that you are solely responsible for your conduct while on the Services. You agree that you will abide by these Terms and will not:

 

  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;

 

  • Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Services for sending spam or other commercial messages;

 

  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;

 

  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);

 

  • Attempt to use another's account without authorization from such user and Morton Running Company Ltd.;

 

  • Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;

 

  • Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;

 

  • Engage in any harassing, intimidating, predatory or stalking conduct;

 

  • Develop any third-party applications that interact with User Content and the Services without our prior written consent; and

 

  • Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

 

 

Morton Running Company Ltd. are not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether online or offline), nor are we responsible or liable for any associated loss, damage, injury or harm. Enforcement of these Terms is solely at our discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce these Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by our users through the interactive area of the Services. Although we have no obligation to screen, edit or monitor any User Content, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.

Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Services.

 

PRODUCT REVIEWS

We may provide specific opportunities for you to tell Morton Running Company Ltd. or other Service users what you think about our products or services ("Product Reviews"). If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such review, and we do not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Finally, we may use a third party to "power" or to provide the opportunity to review products or services. In that case, you will also need to review such third party's terms of service and privacy policy to determine whether they are acceptable to you. If they are not, do not use the third party to provide Product Reviews.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL MORTON RUNNING COMPANY LTD., OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MORTON RUNNING COMPANY LTD., WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SERVICES.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Morton Running Company Ltd. and our officers, agents, partners, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) any Submissions you provide; (d) your violation of these Terms; or (e) your violation of the rights of another.

 

SEVERABILITY

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

TERMINATION

Notwithstanding any of these Terms, Morton Running Company Ltd. reserve the right, without notice and in our sole discretion, to terminate your right to use the Services, or any portion of thereof, and to block or prevent your future access to and use of the Services or any portion thereof.

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Scotland, UK.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@mortonrunning.com

 

PRIVACY POLICY

Please see our Privacy Policy which contains valuable information about the use of your personal data and other information regarding your privacy.

 

COOKIE POLICY

Please see our Cookies Policy which contains valuable information about our use of cookies on our respective websites.

 

ECOMMERCE RETURNS POLICY AND PROCEDURES

Please see our eCommerce Returns Policy and Procedures which contains valuable information about the return of products purchased on this website.

 

DISPUTES

We will do our best to resolve any disputes over these Terms and Conditions of Use. You agree that any disputes relating in any way to your visit of our website or to the products purchased on it, including but not limited to any disputes related to privacy, shall be submitted to confidential arbitration in the following arbitration centre:

For customers located in EMEA: any arbitration under these Terms and Conditions of Use or other Morton Running Company Ltd. policies, shall be conducted pursuant to the Internal Rules of the European Court of Arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Fully permitted by applicable law, not arbitration with respect to the website or to products purchase here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

Morton Running Company

  • 4 Whytehouse Avenue, Kirkcaldy, Fife, Scotland KY1 1UW
  • T: 01592 329851
  • info@mortonrunning.com
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