DIGITAL MILLENNIUM COPYRIGHT ACT
Parker respects the rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed violation of such laws.
Our designated Agent under the Digital Millennium Copyright Act ("DMCA") for the receipt of any Notification of Claimed Infringement which may be given under the Act is as follows:
Office of the General Counsel
ATTN: Copyright Agent
Parker Lifestyle, LLC
600 Kellwood Parkway, Ste. 200
Chesterfield, MO 63017
If you believe that your work has been copied on the Parker website or is social media channels in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the DMCA, including:
- A description of the copyright work that has been infringed and the specific location on the Parker website where such work is located;
- A description of the location of the original or an authorized copy of the copyrighted work;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
User Generated Content
Please see our policy on User Generated Content here, http://www.parkerny.com/user-generated-content.html, incorporated herein by reference.
Changes in Terms
Parker shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Parker website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Parker website. You are responsible for reviewing the Terms periodically for any modification that may affect your rights or obligations hereunder. Upon your continued use of the Parker website, you agree that you shall be deemed to be apprised of and bound by any modification by Parker to these Terms. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Parker shall be valid or enforceable against Parker unless expressly agreed to by Parker in a writing signed by a duly authorized officer of Parker.
Parker reserves the right to immediately terminate this agreement and/or your access to and use of the Parker website or any portion thereof, at any time and for any reason, with or without cause. Parker shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the Parker website shall immediately cease.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Parker website and your purchase of items from Parker (if applicable) on the Parker website.
All design and content featured on the Parker website, including the text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content", and are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Parker. This website in its entirety is protected by copyright and applicable trade dress. The Content may contain errors, omissions, or typographical errors or may be out of date. Parker may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Parker in any way except to the extent it is specifically indicated to be so. You may view and use the Content only for your personal, noncommercial use, and for shopping and ordering on the Parker website, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Parker does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Parker website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms, or as otherwise expressly permitted in the Content or in writing signed by Parker, is strictly prohibited.
Linked Third Party Sites
Links to other Internet websites operated by third parties, including Parker vendors, do not constitute sponsorship, endorsement, or approval by Parker of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Parker, and Parker is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
Prices; Orders (Applicable If Products Are Sold on the Parker Website)
All prices displayed on the Parker website are quoted in U.S. dollars. Parker may restrict delivery to addresses within the United States and Canada. Parker will add shipping and handling fees and applicable sales/use tax as necessary. Parker reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Parker website without incurring any obligation to you. Products displayed on the Parker website are available while supplies last. The receipt by you of an order confirmation does not constitute Parker's acceptance of an order. Prior to Parker's acceptance of an order, verification of information may be required. Parker reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Parker, for any reason. Parker reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Parker shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Parker shall promptly issue a credit to your credit card account in the amount of the incorrect price.
PARKER MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE PARKER WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. PARKER ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE PARKER WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT PARKER OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE PARKER WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PARKER, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE PARKER WEBSITE, EVEN IF PARKER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PARKER’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless Parker, its parents, subsidiaries, and affiliates, Parker's vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to (i) your violation of these Terms, (ii) any allegation that any information on material submitted by you violates any intellectual property rights of any third party, or (iii) any activity related to your account.
This agreement is governed by and construed in accordance with the laws of the State of Missouri, U.S.A., without regards to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of any state or federal court located in the county of St. Louis, state of Missouri, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.