General Terms of Service
Last updated: February, 2015
These Terms of Service ("TOS") describe the terms and conditions for your access to and use of the www.parksandson.com website (the “P&S Site”) and any Parks & Son mobile application (individually or collectively known as the “P&S Site”), as provided or made available at any time by Yadkin River Holdings, LLC d/b/a Parks & Son (“P&S” or “us” or “we” or “our”). By using the P&S Site, you agree to be bound by these TOS, which may be updated by us from time to time. Guidelines or rules posted within the P&S Site are also part of the TOS.
OUR SERVICES TO YOU
The P&S Site is offered for commercial use by those in the trade and may not be used for individual purposes by members of the general public.
COLLECTION AND STORAGE OF INFORMATION
In order to register to use the P&S Site, you provide certain information about yourself. You agree to: (a) provide true, accurate, current, and complete information as requested, and (b) keep your information accurate, current, and complete. If we have reasonable grounds to believe that your information is untrue, we may suspend or terminate your account.
We reserve the right to reclaim user names.
ACCOUNT, PASSWORD, AND SECURITY
You are responsible for maintaining the confidentiality of your account and password and are fully responsible for all activities that occur under your account and password. You agree that we are not liable for any loss or damage arising from or relating to your failure to properly safeguard your account or password. Please immediately notify us of any unauthorized use of your password or account.
You may not sub-license, transfer, sell or assign your account information and/or this TOS to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this TOS.
YOUR USE OF THE P&S SITE
The P&S Site is provided for informational purposes only. You understand that all information, data, text, messages, etc., that appear in your account ("Content"), whether gathered by the P&S Site, posted by you, or other means are the sole responsibility of the person or entity from whom such Content originated. We do not guarantee the accuracy, integrity, or quality of any Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the P&S Site. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Content or post any Content on any other web site or in a networked computer environment for any purpose whatsover. Any rights not expressly granted herein are reserved.
When you give us Content, you retain ownership but grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party and (ii) complies with all applicable laws and regulations (foreign and domestic).
You agree to not use the P&S Site to: (a) access data that is not intended for your use; (b) log on to a server or account that you are not authorized to access; (c) probe, scan, or test the vulnerability of our system; (d) breach security or authentication measures; (e) send promotions and/or advertising products and/or services; (f) attempt to interfere with or disrupt the service or servers or networks connected to the P&S Site; (g) upload, post, email, transmit, or otherwise make available any Content that (i) is unlawful, harmful, tortuous, defamatory, libelous, invasive of another's privacy, or otherwise is objectionable, (ii) you do not solely have the right to make available, or (iii) infringes an intellectual property right of any party; or (h) violate or attempt to violate any applicable local, state, national or international law, or regulation or (i) distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes; (j) distribute viruses or any other technologies that may harm the P&S Site, or the interests or property of the P&S Site users; or (k) copy, modify or distribute rights or content from the P&S Site, service or tools or the P&S Site's copyrights and trademarks. We and our designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, remove, prevent, or restrict access to Content without further notice. We and our designees shall have the right to remove or prevent access to any or all Content that violates (or is alleged to violate) the TOS or is otherwise objectionable.
We may access, preserve, and disclose your account information and Content if required to do so by law or if such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the P&S Site, its users, and the public.
You authorize us to access information maintained by identified third parties (e.g., the manufacturers and credit card processors associated with your P&S account and related information), on your behalf as your agent. Solely to provide you the services of the P&S Site, you grant us a limited power of attorney, and appoint us as your attorney-in-fact and agent, to access third- party websites, retrieve, and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You acknowledge and agree that when we are accessing and retrieving information from third-party websites, we are acting as your agent, and not as the agent of or on behalf of the third party.
Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the P&S Site, in whole or in part, is strictly prohibited.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTIFICATION
If you believe that any Content or other material provided through the P&S Site, including through a link, infringes your copyright, you should notify P&S Legal Affairs by mail at: P&S Legal Affairs, Attention: Manager, 234 Bingham and Parks Road, Advance, North Carolina 27006. To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the P&S Site that is reasonably sufficient to enable us to identify and locate the material; (d) how we can contact you (your address, telephone number, and email address); (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
SUGGESTIONS TO US
If you submit suggestions to us through feedback or otherwise, you acknowledge and agree that: (a) your suggestions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality with respect to the suggestions; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such suggestions; (d) we may have something similar to the suggestions already under consideration; (e) your suggestions become the property of P&S without any obligation of us to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
If you do not agree with these terms regarding feedback, or want to maintain ownership of any intellectual property contained in any specific feedback, your sole option and recourse is to not submit such specific feedback to P&S.
MODIFICATIONS TO SERVICE
P&S may modify, terminate, suspend, or otherwise adjust functions or features of the P&S Site, without prior notice.
You may close your P&S account by contacting us at firstname.lastname@example.org or by calling (800) 992-6504.
We may, in our sole discretion, terminate your password, accounts (or any part thereof) and/or your right to use the P&S Site, and remove and discard any and all of your Content, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due us, or if we believe that you have violated or acted inconsistently with the letter or spirit of these TOS. You agree that any termination of your use of the P&S Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files. All provisions of these TOS that by their nature should survive termination of your right to use the P&S Site shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties and intellectual property protections and licenses).
We may provide, or third parties may provide, links to other websites or resources. We are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content available from such websites or resources.
The P&S Site may be available to you with or without charge. You will have the opportunity to opt-in to any enhanced account and/or fee-based versions of the P&S Site that may become available.
Unless we state in writing otherwise, all fees and charges are nonrefundable.
OUR PROPRIETARY RIGHTS
The P&S Site contains and uses intellectual property that is proprietary and contains trade secrets that are protected by applicable laws. You acknowledge and agree that Content contained or information presented to you through the P&S Site is or may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE P&S SITE IS AT YOUR SOLE RISK, THE P&S SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND P&S AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) P&S AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE P&S SITE WILL MEET YOUR REQUIREMENTS, (ii) THE P&S SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE P&S SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE P&S SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE P&S SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. P&S EXPRESSLY DISCLAIMS ANY WARRANTY ASSOCIATED WITH (i) PUSH NOTIFICATIONS TO MOBILE DEVICES, AND (ii) PHYSICAL MERCHANT RECEIPT INTEGRATION.
We assume no responsibility for, among other things, the availability of the P&S Site or the timeliness or completeness of information displayed.
LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT P&S AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF P&S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE P&S SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE P&S SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE P&S SITE; OR (v) ANY OTHER MATTER RELATING TO THE P&S SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
You further agree and understand that P&S has no liability for the loss of any information you may chose to store in your P&S account in your computer or mobile device, in the event your computer or mobile device is sold, lost or stolen.
You agree to indemnify and hold us and our affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the P&S Site.
PARKS & SON, the Parks & Son Est.-1953 Duck Hunter Logo, and other logos and product and service names are or may be trademarks of P&S (the "P&S Marks"). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the P&S Marks.
The TOS constitutes the entire agreement between you and us concerning your use of the P&S Site, superseding any prior agreements between you and us regarding the P&S Site. If our TOS are materially changed we will immediately post a notification on this website. It is your responsibility to regularly check the P&S Site website to determine if there have been changes to this TOS. Your continued use of the P&S Site will constitute your acceptance of any such changed TOS. The TOS and the relationship between you and us shall be governed by the laws of the State of North Carolina without regard to its conflict or choice of law provisions. You and P&S agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Davie, North Carolina. You covenant not to sue us in any other forum. The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Except as explicitly stated otherwise, legal notices shall be served on us at the address set forth on our site or to the email address you provide to during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. You also acknowledge and understand that, with respect to any dispute with P&S, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the P&S Site or this Agreement:
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.