GENERAL
These general terms and conditions of use ("terms")
are entered into by and between you and Parks Optical
Inc. in consideration of your use of and access to this
internet site (and the promises and obligations herein,
and intending to be legally bound, you and Parks Optical
Inc. hereby agree as follows: your access to and use
of the Parks Optical Inc. site is subject to these terms,
as well as any modifications issued by Parks Optical
inc. To these terms, and all applicable laws and regulations.
By using this site, you agree to and will be deemed
to be bound by these terms. If you do not want to be
bound by these terms, do not use the Parks Optical Inc.
site. Among other things, Parks Optical inc. Provides
information concerning various products and services
and the opportunity to obtain additional information
concerning those products and services or to purchase
them. These terms and the information provided in Parks
Optical Inc. in no way override the terms and conditions
of your purchase of any product or service except as
specifically provided herein. To the extent any area
within Parks Optical inc. Contains specific terms and
conditions concerning its use ("specific terms"),
those specific terms are in addition to these terms.
To the extent there is a direct conflict between these
terms and the specific terms, the specific terms shall
prevail.
CHANGES IN TERMS
Parks Optical Inc. shall have 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 Parks Optical Inc. 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 Parks Optical Inc.
you are responsible for reviewing www.ParksOptical.com
periodically for any modification to this agreement
that may affect your rights or obligations hereunder.
You agree that you shall be deemed to be apprised of
and bound by any modification by Parks Optical Inc.
to these terms. Any access or use of this site by you
after notice of revisions or additions to these terms
shall constitute and be deemed to be your agreement
to such revisions or additions. No modification to these
terms by any party other than Parks Optical Inc. shall
be valid or enforceable against Parks Optical Inc. unless
expressly agreed to by Parks Optical Inc. in a writing
signed by a duly authorized officer of Parks Optical
Inc.
TERMINATION
These terms are effective until terminated by Parks
Optical inc.. Parks Optical Inc. may terminate these
terms without notice and at any time. In the event of
termination, you are no longer authorized to access
Parks Optical Inc. and the restrictions imposed on you
with respect to the content, and the disclaimers, indemnities,
and limitations of liabilities set forth in these terms
shall survive termination. Parks Optical Inc. shall
also have the right without notice and at any time to
terminate Parks Optical inc. Or any portion thereof,
or any products or services offered through Parks Optical
Inc., or to terminate any individual's right to access
or use Parks Optical Inc. or any portion thereof.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes,
ordinances and regulations regarding your use of Parks
Optical Inc. and your purchase of the items on Parks
Optical Inc.
CONTENT
The text, images, photographs, graphics, logos, illustrations,
descriptions, data, and other material provided on www.ParksOptical.com,
as well as the selection, assembly and arrangement thereof,
are referred to collectively as the "content."
the content may contain errors, omissions, or typographical
errors or may be out of date. Parks Optical Inc. 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 Parks Optical Inc.
in any way except to the extent it is specifically indicated
to be so. Unless otherwise noted, all content is protected
by copyrights, trademarks, service marks, and other
proprietary rights that are owned by Parks Optical Inc.
or by third parties that have licensed their use to
Parks Optical Inc. You may view and use the content
only for your personal information and for shopping
and ordering on Parks Optical Inc., and for no other
purpose, and you shall retain intact all copyright and
other proprietary notices. Except as provided in the
foregoing, Parks Optical inc. 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 Parks Optical Inc., 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 Parks Optical Inc.,
is strictly prohibited.
LINKED THIRD PARTY SITES
Links to other internet sites operated by third parties,
including Parks Optical Inc. vendors, do not constitute
sponsorship, endorsement, or approval by Parks Optical
Inc. of the content, policies, or practices of such
linked sites. Linked sites are not operated, controlled,
or maintained by Parks Optical Inc., and Parks Optical
Inc. 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.
PRODUCT PRICES
All prices displayed on www.ParksOptical.com are quoted
in U.S. dollars. Parks Optical Inc. may restrict delivery
to addresses within the United States and Canada. Parks
Optical Inc. will add shipping and handling fees and
applicable sales/use tax. Parks Optical Inc. reserves
the right without prior notice to discontinue or change
specifications and prices on products and services offered
on www.ParksOptical.com without incurring any obligation
to you. Products displayed on this site are available
while supplies last. Descriptions of, or references
to, products or services on Parks Optical Inc. do not
imply endorsement of that product or service, or constitute
a warranty by Parks Optical, inc. The receipt by you
of an order confirmation does not constitute Parks Optical
Inc.'s acceptance of an order. Prior to Parks Optical
Inc.'s acceptance of an order, verification of information
may be required. Parks Optical inc. 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 Parks Optical
Inc., for any reason. Parks Optical Inc. 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, Parks Optical Inc. 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, Parks Optical
Inc. shall promptly issue a credit to your credit card
account in the amount of the incorrect price.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO
THIS SITE AND CONTENT
Parks Optical Inc. makes no warranties or representations
whatsoever with respect to the Parks Optical Inc. site
or any linked site or its content, including the availability
of any site or the content, information and materials
on it or the accuracy, completeness, or timeliness of
that content, information and materials. Parks Optical
Inc. also does not warrant or represent that your access
to or use of www.ParksOptical.com or any linked site
will be uninterrupted or free of errors or omissions,
that defects will be corrected, or that Parks Optical
Inc. or any linked site is free of computer viruses
or other harmful components.
Without limiting the foregoing, all content provided
on this site is provided to users "as is,"
with no warranty of any kind, either express or implied,
including but not limited to implied warranties of merchantability
and fitness for a particular purpose, title, non-infringement,
security or accuracy. The "as is" condition
of content is expressly made a condition of any transaction
arising through or as a result of Parks Optical Inc. 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. Under no circumstances shall
Parks Optical Inc., its suppliers or their respective directors,
officers, employees or agents be liable to you or to
any third party for any direct, indirect, consequential,
incidental, special, or punitive damages, whether in
contract or in tort, including negligence, arising in
any way out of access to or use of or inability to access
or use www.ParksOptical.com or any linked site or its contents,
including but not limited to lost profits, business
interruption, or loss of programs or other data on computer
systems or otherwise, even if Parks Optical Inc. is expressly
advised of the possibility of such damages.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO
PRODUCTS AND SERVICES
We want you to be completely satisfied with your www.ParksOptical.com
purchase. If for any reason you are not entirely pleased
with a product you purchased on www.ParksOptical.com, simply
return the item within 15 days of receipt for exchange
or full refund of the purchase price, less shipping
and handling charges. Refunds will be issued in the
same method as the order was paid. After 30 days, all
returns, replacements, service, and support must be
handled directly between you and the manufacturer. Many
products are packaged with the manufacturer's warranty
and service information detailing specific terms and
conditions. Manufacturers' warranties may vary from
product to product.
All products and services sold by www.ParksOptical.com
are subject to any applicable warranties and representations
of their respective manufacturers, including but not
limited to year 2005 compliance. Accordingly, Parks Optical inc. Makes no representation or warranty with respect
to any product or service sold. Except as expressly
stated herein, Parks Optical Inc. expressly disclaims all
warranties, express or implied, of any kind with respect
to products and services sold on www.ParksOptical.com,
including but not limited to implied warranties of merchantability
and fitness for a particular purpose. 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.
Under no circumstances shall Parks Optical Inc., 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 www.ParksOptical.com, even
if Parks Optical inc. Is expressly advised of the possibility
of such damages. In no event shall Parks Optical inc.’s
liability exceed the price you paid for the product
or service that is the subject of the claim.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Parks
Optical Inc., Parks Optical Inc.’s vendors, and
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
your breach of these terms or your access to or use
of www.ParksOptical.com. The foregoing indemnification
obligation shall survive termination of these terms
and Parks Optical Inc. and any product or service provided
to you arising out of or relating to your use of www.ParksOptical.com
|
