Terms & Conditions
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 The Content may contain errors, omissions, or typographical errors or may be out of date.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.
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:
Parker Lifestyle, LLC
ATTN: Copyright Agent
c/o Rebecca Taylor, Inc.
307 West 36th Street
New York, NY 10018
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.
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.
Customer Rating and Review Terms and Conditions:
Parker Lifestyle, LLC welcomes comments and feedback from users of its website. Consistent with our policy, you agree that your comments will not contain the following: (i) anything that would violate the rights of any third party, including their rights copyright, trademark, privacy, or any other proprietary right; (ii) any libelous or otherwise unlawful, abusive or obscene material; (iii) any computer virus or other malware that could harm or otherwise affect the operation of the Parker website. You agree that you are solely responsible for any comments or statements that you make and their accuracy.
Rules & Regulations for Sweepstakes:
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A purchase will not increase your chances of winning.
These Official Rules govern the Customer Product Review Sweepstakes (the "Sweepstakes") offered by ParkerNY.com, LLC ("Sponsor").
Sweepstakes Period: Sweepstakes begins at 12:01 a.m. Eastern Time ("ET") on July 1st, 2017 and ends at 11:59 p.m. ET on January 31st, 2018 (the "Sweepstakes Period"). All entries become the property of Sponsor and will not be returned. Sponsor shall determine timeliness of entries in its sole discretion.
Eligibility: Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older as of the date of entry, except employees of Sponsor and its affiliates, subsidiaries, advertising and promotion agencies and the immediate family members and/or those living in the same household of each such employee. Sweepstakes is void where prohibited by law.
By submitting a product review as part of an online entry, entrant hereby grants permission, without limitation to other rights granted hereunder, for the product review to be posted on www.parkerny.com or other Sponsor websites. Entrant agrees that Sponsor is not responsible for any unauthorized use of product reviews by third parties. Multiple reviews of the same product are not valid. "SPAM" or fraudulent product reviews and non-product review entries will not be posted or accepted and all entries from any such user will be void. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and will be disqualified. Entrants may not submit product reviews or non-product review entries with multiple email addresses nor may entrants use any device or artifice to submit product reviews or non-product review entries multiple times or as multiple entrants. Any entrant who attempts to submit multiple entries, with multiple email addresses, under multiple identities or uses any other device or artifice to subvert the entry process will be disqualified from participation in the Sweepstakes, and all product reviews and entries submitted by that entrant will be void.
Drawing: One (1) winner will be selected in a random drawing on or by February 15th, 2018 from all eligible entries received. All decisions of the judges are final. Odds of winning will be determined by the number of eligible entries received. Prize consists of only those items specifically described as included in the prize.
Prize: Winner will receive a $1,000 Parker NY Gift Card. Retail value of prize is: $1,000. All fees, federal, state and other taxes, costs and expenses relating to the use, acceptance and possession of the prize are the sole responsibility of the winner.
Notification: Potential winner will be notified by e-mail or U.S. mail and must respond to accept or decline the prize within seven (7) days of notification. If a potential winner cannot be contacted, does not timely respond or if prize or prize notification is returned as undeliverable, an alternate potential winner will be selected. Upon prize forfeiture, no payment or other compensation will be made to the original potential winner. Recipient of such notification (parent/legal guardian if potential winner is a minor in his/her state of residence) must sign and return an affidavit of eligibility, liability and publicity release within fourteen (14) days of acceptance or an alternate potential winner may be selected. In the event of noncompliance with this or any other requirement, the non-complying potential winner will be disqualified. No substitution, exchange or transfer of prize except by Sponsor, in which case a prize of equal or greater value will be substituted.
Release: By participating, entrants agree to these Official Rules. Entrants are solely responsible for their own actions and agree to hold harmless Parker NY’s and its respective parents, subsidiaries, divisions and related companies, together with and the respective officers, directors, employees, agents, successors, assigns and licensees of each of them, and those companies supplying prizes (collectively the "Released Parties") from any liability for losses, damages or injuries arising in connection with their participation in the Sweepstakes or the award or use of a prize.
Publicity: Acceptance of a prize constitutes consent to Sponsor's use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, (including but not limited to internet and television broadcast) without further consent or compensation except where prohibited.
General Conditions: Sponsor and each of its affiliates, subsidiaries, parent corporations, and their respective officers, directors, shareholders, employees and agents, are not responsible for any incorrect or inaccurate entry information, theft, tampering, destruction, or unauthorized access to, or alteration of entries; any error, omission, interruption, defect or delay in operation or transmission of any Sweepstakes-related website; failure of any entry to be received by Sponsor due to technical problems or human error; printing or other errors. Sponsor reserves the right to modify, suspend or terminate the Sweepstakes in the event that it becomes necessary due to circumstances beyond Sponsor's control. In the event the Sweepstakes is terminated early, a potential Winner will be selected from all eligible entries received at the time of termination.
Disputes: The Sweepstakes is governed by the laws of the United States and, by entering, Winner and entrants hereby submit to the jurisdiction and venue of the federal, state and local courts located in New York, New York. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE RELATED TO SPONSOR OR THE SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Privacy: Handling of all participant information, including e-mail addresses, will be consistent with the Parker NY’s Notice of Privacy Practices. See http://www.parkerny.com/privacy-policy.html.
Winner: For name of winner or these Official Rules, send a self-addressed, stamped envelope to: Customer Product Review Sweepstakes, WINNER or OFFICIAL RULES (please specify), c/o Parker NY, 234 West 39th St., 3rd Floor, NY, NY 10018. Write in for winner on or by February 15th, 2018. Sponsor: Parker NY, 234 West 39th St., 3rd Floor, NY, NY 10018.