Terms of Service
Terms of Service
EFFECTIVE DATE: January 1, 2024
Welcome to The Park Gym Athletics (“We,” “Us,” or “The Park Gym Athletics”), the operator of the website located at www.theparkathletics.com (the “Website”). These Terms of Service (“Terms” or “Agreement”) govern your use of the Website and your purchase of any products from The Park Athletics (the “Products”).
By accessing or using the Website, you agree to these Terms. Please read them carefully, as they constitute a legally binding agreement between you and The Park Gym Athletics. By agreeing to these Terms, you also consent to The Park Athletics' Privacy Policy, Return Policy, and Shipping Policy, each of which is incorporated by reference herein.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS YOU OPT OUT. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE USING THE WEBSITE OR PURCHASING ANY PRODUCTS.
1. User Obligations
By accessing, browsing, or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority in your jurisdiction, whichever is greater. You agree to comply with all applicable local, state, and federal laws and regulations in connection with your use of the Website. You further agree to provide accurate, current, and complete information when prompted by the Website and to maintain and promptly update this information as necessary.
You are responsible for safeguarding any password you use to access the Website and agree not to share your password with any third party. You are fully responsible for all activities that occur under your account and agree to notify The Park Athletics immediately of any unauthorized use of your account.
2. Purchases Through the Website
All purchases made through the Website are subject to our acceptance. The Park Athletics reserves the right to refuse or cancel any order at any time for any reason. This includes orders that appear to be placed by dealers, resellers, or distributors, or that violate our Terms.
Prices and availability of Products are subject to change without notice. We make every effort to provide accurate information, but errors may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice.
For more details on returns, please refer to our Return Policy.
3. Website Ownership and Content
The Website and all its content, including but not limited to text, images, designs, photographs, videos, graphics, logos, and software, are owned or licensed by The Park Athletics and are protected by intellectual property laws. You may access and use the content on the Website for your personal, non-commercial use only. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its content without express written permission from The Park Athletics.
4. User-Generated Content
By submitting any content to the Website, including comments, reviews, or other material (“User-Generated Content”), you grant The Park Athletics a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, translate, create derivative works from, and distribute such content. You represent and warrant that your User-Generated Content does not violate any law or the rights of any third party.
5. Limitation of Liability; Disclaimer of Warranties
THE WEBSITE, PRODUCTS, AND ALL CONTENT AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARK ATHLETICS DISCLAIMS ALL LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS.
6. Dispute Resolution by Binding Arbitration and Class Action Waiver
Any dispute arising out of or related to this Agreement or your use of the Website or purchase of Products shall be resolved through binding arbitration in [Your State/Location], and governed by the laws of [Your State]. You agree to resolve any disputes on an individual basis and waive your right to participate in any class action or representative proceeding.
You have the right to opt out of this arbitration agreement by notifying us in writing within 30 days of your purchase or providing information to the Website. If you do not opt out within this period, you will be bound by the arbitration agreement.
7. Links to Third-Party Websites
The Website may contain links to third-party websites. These links are provided for your convenience, and The Park Gym Athletics does not endorse or assume responsibility for any content, products, or services provided by these third-party websites. Your use of third-party websites is at your own risk.
8. Privacy
Your use of the Website is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Website, you agree to the terms of our Privacy Policy.
9. Electronic Signatures and Agreements
By clicking on any button labeled “SUBMIT,” “I ACCEPT,” or similar, you are providing your electronic signature and entering into a legally binding contract with The Park Athletics. You agree to the use of electronic signatures, contracts, orders, and other records in connection with the Website and Products.
10. Sales Tax
The Park Athletics honors state guidelines concerning sales and use tax based on the destination address of your shipment. Taxes are calculated at checkout and added to your order total.
11. Miscellaneous
This Agreement constitutes the entire agreement between you and The Park Athletics and supersedes all prior agreements. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Contact Information
If you have any questions or concerns about these Terms, please contact us at:
- Email: support@theparkathletics.com
- Phone: [Your Contact Number]
- Business Address: [Your Business Address]