Items
Terms of Service
www.parkandbond.com/company/websiteterms
By establishing membership on the Park & Bond Site, or purchasing or using products or services through the Park & Bond Site, you acknowledge and agree as follows:
1. GENERAL
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Park & Bond, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You shall establish and use your membership on the Park & Bond Site, and purchase and use the products and services available through the Park & Bond Site, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Park & Bond may be recorded.
Membership of Park & Bond’s affiliate sites, giltcity.com, gilt.com, gilttaste.com and jetsetter.com require acknowledgement of their own Terms of Service. Click www.jetsetter.com/terms-of-service, www.giltcity.com/company/termsOfUse, or www.gilt.com/company/termsOfUse to review each of these. By subsequently using these sites, or any sites acquired by Park & Bond or its affiliates, you agree to abide by each of those terms and conditions of service.
2. PRIVACY NOTICE
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by Park & Bond is located at http://www.parkandbond.com/company/privacy. You consent to any personal information we may obtain about you (either via the Park & Bond Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. Park & Bond may update its Privacy Notice from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above.
3. PARK & BOND MEMBERSHIP
Establishing a Membership
You may establish membership on the Park & Bond Site. At a minimum, enrollment requires you to (1) indicate agreement to these Terms and Conditions, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in Park & Bond’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. We encourage you to review our Information Security Policy for information about some of the measures you may take to help protect your account, but we cannot guarantee that implementing such measures will ensure the security of the account or your information.
Use of Membership
You shall not use your Park & Bond membership for any purpose competitive to Park & Bond or its affiliates. You will notify Park & Bond immediately by emailing support@parkandbond.com of any unauthorized use of your Park & Bond membership or the Park & Bond Site known to you, whether by you or a third party.
Membership Termination
You may cancel your Park & Bond membership at any time by contacting Park & Bond customer support as specified on the “Contact Us” page on the Park & Bond Site. Park & Bond may terminate your membership and refuse any and all current or future use of the Park & Bond Site or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that Park & Bond determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Park & Bond determines, in its sole discretion, that you are using your Park & Bond membership in a manner not permitted by these Terms and Conditions or the Website Terms, or (4) in other circumstances, as Park & Bond deems appropriate in its sole discretion. Please note that termination by you or Park & Bond of your Park & Bond membership may result in the termination of your memberships in Park & Bond affiliates, including but not limited to Gilt.com, Gilttaste.com, GiltCity.com, and Jetsetter.com.
4. PURCHASES
Order Processing
Park & Bond may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Park & Bond deems appropriate in its sole discretion. Park & Bond also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Please note, however, that under no circumstance will any Park & Bond staff ask for your full payment card number or account password on the telephone or by email. Park & Bond will either not charge you or refund the charges for orders that we do not process or cancel.
Return Policy
Park & Bond accepts returns on certain merchandise on a case-by-case basis. For Park & Bond’s Return Policy, which may change from time to time, please click www.parkandbond.com/support/returns
Product and Service Descriptions
Park & Bond attempts to provide accurate descriptions of products and services on the Park & Bond Site. Park & Bond does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Park & Bond Site is not as described, your sole remedy is to return the item, as specified in these Terms & Conditions.
Pricing Information
Park & Bond strives to provide accurate pricing information regarding the products and services available on the Park & Bond Site. We cannot, however, insure against pricing errors. Park & Bond reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Park & Bond will notify you by email. In addition, Park & Bond reserves the right, at its sole discretion, to correct any error in the stated full retail price.
Product and Service Availability
The Park & Bond Sites may contain information regarding the availability of merchandise inventory information. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Park & Bond cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time Park & Bond attempts to process the order. Should this happen, Park & Bond will notify you by email. Service offerings that are out of stock generally are no longer available. If Park & Bond determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. Park & Bond will notify you by email and delete the item from the Park & Bond Site.
Shipping and Tax
Click www.parkandbond.com/support/shipping for our policy regarding shipping and tax, which may change from time to time.
Alcoholic Beverages
You must be at least 21 years of age to purchase alcoholic beverages. In addition, due to state restrictions and our merchants’ licenses, alcoholic beverages may not always be shipped to all states in the U.S. Please refer to the sale page or product detail page on the Park & Bond Site for information on what states are permitted for specific items. If you provide a shipping address that is not in one of these states, Park & Bond will not process your order. We will not ship alcoholic beverages outside the U.S. Quantity limits may apply in some states. Your order may be reduced or held to comply with state restrictions. Taxes collected are collected on behalf of the seller of record.
5. REFERRAL CREDIT PROGRAM
On certain of its Sites, Park & Bond may offer members the ability to earn credits toward future purchases on the Park & Bond Site when they invite friends to become members of a Park & Bond Site and those friends make a qualifying purchase in the required timeframe. You may only earn credits via Park & Bond’s authorized member invite mechanism. Referrals outside of Park & Bond authorized channels will not result in any referral credit. You understand that referral credit is not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires one (1) year after issuance, unless otherwise specified. You will only receive credit for the first qualifying purchase made by a friend who makes his or her first purchase on the Park & Bond Site as a result of an invite from you via a Park & Bond authorized channel. If your friend does not follow the directions in the invite email to accept the invitation, you may not receive credit, and Park & Bond will have no liability to you for your friend’s failure to follow directions. You agree that having multiple Park & Bond accounts is a violation of these Terms and Conditions and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Park & Bond’s referral program system may, without limiting any other Park & Bond rights or remedies, result in forfeiture of your membership and all referral credits in your account. Park & Bond reserves the right to void referrals and credits earned if it suspects that the referrals or credits were earned in a fraudulent manner, in a manner that violates these Terms and Conditions or in a manner otherwise not intended by Park & Bond. You must not conduct your own promotion in connection with our referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Park & Bond, including by using any trademarks of Park & Bond.
Credits will appear in your account within approximately 24 hours after one of your qualifying invitees makes his or her qualifying purchase and that purchase is shipped. Purchase of a Gift Card is not a qualifying purchase. Credits earned via Park & Bond may only be used on the Park & Bond Site or Giltcity.com and may not be used toward the purchase of a Gift Card or on any other website affiliated with Gilt.
The referral credit program is void where prohibited by law. Park & Bond reserves the right to modify or terminate the referral credit program at any time, although credits accrued shall be valid for one year from the date of posting. Should there be any tax liability for the accumulation and/or use of credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the credits you have actually earned. Park & Bond will have no liability for any errors displayed in your account.
6. GIFT CARDS
Gift Cards may be purchased by clicking
http://www.gilt.com/sale/men?showGC=true&source=footer. Gift Cards and their use, including provisions regarding loss, are subject to the Gift Card Terms and Conditions located at the link in this Paragraph 7, as well as the Terms of Use and Privacy Notice. If you need assistance with respect to a Gift Card, please call Customer Service at (877) 280-0545 or email support@gilt.com.
7. NUTRITIONAL INFORMATION
To the extent required by law, Park & Bond posts on each relevant product web page on the Park & Bond Site for any food products (1) the nutritional information regarding the product, and (2) the product’s expiration date.
8. NOTICES
All notices from Park & Bond intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Park & Bond Site.
9. DISCLAIMER OF WARRANTY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, OR REQUIRED BY APPLICABLE LAW, PARK & BOND MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF PARK & BOND MEMBERSHIP, ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE PARK & BOND SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
PRODUCT AND SERVICE INFORMATION AVAILABLE ON THE PARK & BOND SITE IS PROVIDED BY THIRD PARTIES THAT MANUFACTURE OR OTHERWISE OFFER THE PRODUCTS AND SERVICES. ACCORDINGLY, PARK & BOND CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT OR SERVICE INFORMATION, AND ACTUAL PRODUCTS AND SERVICES MAY DIFFER FROM THE INFORMATION SHOWN ON THE PARK & BOND SITE. IN THE EVENT OF A SUBSTIANTIAL DISCREPANCY BETWEEN THE PRODUCT OR SERVICE YOU PURCHASE THROUGH THE PARK & BOND SITE AND THE SITES’ DESCRIPTION OF THE PRODUCT OR SERVICE, YOUR SOLE REMEDY SHALL BE TO REQUEST A REFUND WITHIN 21 DAYS AFTER THE ITEM IS SHIPPED TO YOU, AS SET FORTH IN THE “PRODUCT AND SERVICE DESCRIPTIONS” SECTION OF THESE TERMS AND CONDITIONS.
FOLLOWING THE EXPIRATION OF 21 DAYS FROM THE DATE THE ITEM WAS SHIPPED TO YOU, YOUR MAY BE ABLE TO FILE A WARRANTY CLAIM WITH THE MANUFACTURER OF THE ITEM, TO THE EXTENT THE ITEM IS SUBJECT TO A MANUFACTURER’S WARRANTY. YOU MUST CONTACT THE MANUFACTURER DIRECTLY, AS MAY BE INDICATED ON THE ITEM, TO DETERMINE IF A MANUFACTURER’S WARRANTY APPLIES AND TO FILE ANY WARRANTY CLAIMS.
10. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF PARK & BOND MEMBERSHIP, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE PARK & BOND SITE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARK & BOND NOR ITS PARENT OR AFFILIATES, OR THEIR RESPECTIVE CONTRACTORS OR CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, EQUITY OR UNIT HOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, “GILT GROUPE”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARK & BOND MEMEBRSHIP, ANY TERMINATION OR CANCELATION OF YOUR MEMBERSHIP, ANY REFERRAL CREDIT PROGRAM (OR ASSOCIATED CREDITS), OR ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE PARK & BOND SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GILT GROUPE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU AND GILT GROUPE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRODUCTS OR SERVICES AVAILABLE OR PURCHASED THROUGH THE PARK & BOND SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH PARK & BOND IS TO DISCONTINUE YOUR USE OF THE SITES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE PARK & BOND SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PARK & BOND OR ITS AFFILIATES. GILT GROUPE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
11. INDEMNITIES
You will indemnify and hold harmless Gilt Groupe (as the term is defined in Section 11 of these Terms and Conditions) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Gilt Groupe, and shall defend Gilt Groupe against any and all claims arising out of (1) your breach of these Terms and Conditions, (2) fraud you commit, or your intentional misconduct or gross negligence, or (3) your violation of any Law or the rights of a third party. Gilt Groupe will control the defense of any claim to which this indemnity may apply, and, in any event, you shall not settle any such claim without the prior written approval of Gilt Groupe.
12. DISPUTES
If a dispute arises under these Terms and Conditions between you and Park & Bond, such dispute shall be resolved, at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the American Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. The venue for all disputes arising under these Terms and Conditions shall be New York, the State of New York. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Notwithstanding any other provision of these Terms and Conditions, any member of Park & Bond may resort to court action for injunctive relief at any time.
13. FORCE MAJEURE
Park & Bond shall be excused from performance under these Terms and Conditions to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Park & Bond. In the event that Park & Bond is temporarily unable to ship to you a purchased item because of such an event, Park & Bond will give you the option of deferring shipment or receiving a refund of your charges.
14. GOVERNING LAW
All rights and obligations relating to these Terms and Conditions shall be governed by and construed in accordance with the law of the State of New York without giving effect to any choice-of-law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
15. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement of between you and Park & Bond regarding the matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms and Conditions. In the event there is a conflict between these Terms and Conditions and the Website Terms of Use with respect to the matters herein, these Terms and Conditions will control.
16. SEVERABILITY
If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
17. MODIFICATION OF TERMS OF SERVICE
You acknowledge and agree that Park & Bond may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of Park & Bond membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at www.parkandbond.com/company/termsofuse It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
18. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
Notwithstanding the expiration or earlier termination of your Park & Bond membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
19. EFFECTIVE DATE
January 28, 2012.