Terms of Use


Website Terms of Use - parktool.com

Welcome to the Park Tool web site! Bicycle Tools Incorporated dba Park Tool Co. (“Park Tool”) is pleased to make this web site located at parktool.com (the “Site”) available for your use and benefit. By using the Site you agree to be bound by the Terms of Use set forth below. Use of this Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.

These Terms of Use apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with Park Tool, unless otherwise directed by Park Tool. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately discontinue use of this Site.

Collection of Visitor Information on this Site

Any information collected at this Site is governed by our Privacy Policy [make a hyperlink], unless otherwise stated. To access and use certain services available through the Site, you may be required to register with Park Tool through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

Copyright

All content, software, and technology included on this Site or used in the operation of this Site is the owned or licensed property of Park Tool or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. In addition, the compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Park Tool and protected by U.S. and international copyright laws. Park Tool grants you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on this Site is strictly prohibited without written permission from Park Tool.

Trademarks

The trademarks, service marks, trade dress, and “look and feel” (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Park Tool and others. Nothing on this Site shall be construed as granting any license or right to use any Trademark displayed on this Site without the prior written permission of the Trademark owner. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

Other Intellectual Property

All other intellectual property rights related to the content, software, and technology included on this Site or used in the operation of this Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Park Tool. Any use of these rights without the prior written permission of Park Tool is strictly prohibited.

Accuracy

Information on this Site may contain typographical errors, inaccuracies, or omissions in relation to products, services, pricing, and other information. Park Tool reserves the right to: (i) discontinue the sale of any products listed on this Site at any time without notice to you; and (ii) correct any errors, inaccuracies, or omissions and to change or update information at any time without notice to you. If Park Tool discovers price errors, they will be corrected on Park Tool’s systems, and the corrected price will apply to your order.

Please note that because the colors you see will depend on your monitor, Park Tool cannot guarantee that your monitor will display the exact color of an item displayed.

Payment

You authorize Park Tool and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of this Site. You represent and warrant that you are the only one who will make payments in connection with this Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Park Tool are nonrefundable.

Product Orders

The prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

Risk of Loss

All items purchased from this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Park Tool’s delivery to the carrier.

Acceptance of Orders

The receipt of an order confirmation does not guarantee the acceptance of an order, nor does it constitute confirmation of Park Tool’s offer to sell. Park Tool reserves the right at any time to limit the quantity of items ordered and/or refuse to sell to any customer.

Returns Policy

All returns must be authorized in advance. Please call Park Tool customer service at 651-777-6868 if you feel a return is necessary. Any refunds will be provided as a credit to the credit card or other payment method used at the time of purchase.

Warranties and Disclaimer of Warranties

The Park Tool products you purchase through this web site are subject to Park Tool’s warranty. If you are not satisfied with your purchase, you should contact Park Tool customer service at 651-777-6868 or http://www.parktool.com/form/warranty.

EXCEPT AS NOTED IMMEDIATELY ABOVE WITH RESPECT TO PARK TOOL'S WARRANTY, THIS SITE AND ALL CONTENT, PRODUCTS and services available through THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. Park Tool DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. Park Tool MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. Park Tool MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THIS SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THIS SITE.

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

Limitation of Liability

IN NO EVENT SHALL PARK TOOL, ITS AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Under no circumstances whatsoever shall Park Tool’s aggregate liability resulting from or relating to your use of this Site exceed Five United States Dollars (USD $5.00).

Prohibited Activities and Visitor Obligations

As a visitor or user of this Site you shall not:

  • violate any applicable law or regulation;
  • upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  • engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • Post any content that is subject to any disclosure restrictions;
  • Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
  • Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable;
  • Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  • interfere with or otherwise limit the use of this Site by other users; or collect, compile, or store personal information about other users of this Site;
  • disrupt or interfere with the security of, operation of, or otherwise cause harm to, this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites
  • use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without Park Tool’s prior, express, and written permission; or
  • use this Site for your own commercial purposes.

You agree that you are solely responsible for the Post of any content that you make available on or send through this Site.

Indemnification

You agree to indemnify, defend, and hold Park Tool and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that Park Tool incurs or suffers which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Links to Other Web Sites

The Site may contain links to other web sites. Additionally, other web sites may contain links to this Site. Park Tool does not review or monitor the web sites linked to this Site and Park Tool is not responsible for the content or policies of any other web sites. Any link established by Park Tool does not constitute an endorsement of the other web sites or create a relationship between Park Tool and the operators of other web sites. Park Tool disclaims any liability with respect to your use of any other web site, and you release Park Tool from any liability related to your use of any link to another web site or your use of any other web site. Where this Site contains a link to another web site owned and/or operated by Park Tool, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.

Changes to Terms of Use

Park Tool may revise these Terms of Use at any time without notice. Any use of this Site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that Park Tool shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

Continued Operation, Accessibility, and Maintenance of this Site

Park Tool may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any products or services without notice to you and Park Tool reserves the right to refuse service to anyone at any time, with or without cause.

Image Library

Park Tool may make certain content available to you via a username account and password for specific limited uses, such as for you to download or otherwise reproduce such content. In addition to these Terms of Use, you agree to abide by Park Tool’s Branding Standards and Guidelines, for your use and access to such content. Park Tool may revoke your access to and use of this content at any time.

Your Account

If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Park Tool reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, remove or edit content, or cancel orders.

General Provisions

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.

Any failure by Park Tool to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of Minnesota, USA, without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with Park Tool, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Minnesota, USA, (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.

You are responsible for compliance with applicable laws.

Submissions

Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Park Tool through this Site, by a Post or otherwise (collectively, "Submissions"), shall become Park Tool’s property; and you hereby transfer, sell, and assign to Park Tool all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Park Tool has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Park Tool shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

Contact

For questions or comments related to this Site or these Terms of Use, please email us at info@parktool.com.


Last updated: November 13, 2015
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