TERMS & CONDITIONS

Last updated: 7/30/20

Please read these Terms and Conditions carefully before using this website, www.parkandrecpros.com, operated by Cunningham Recreation.

Your access to and use of this Website is conditioned upon your acceptance of and compliance with the following Terms. These Terms apply to all visitors, users, and others who wish to access or use this Website. By accessing or using this Website you agree to be bound by these Terms. If you disagree with any part of the Terms, you do not have permission to access this Website.

PURCHASES

If you purchase any product or service made available through this Website ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including but not limited to, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Payment in full is expected at the time of order.

You represent and warrant that: (i) you have the legal authority to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply to Park and Rec Pros/Cunningham Recreation is true, correct, and complete.

This website may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant Park and Rec Pros/Cunningham Recreation the right to provide the information to these third parties, subject to Park and Rec Pros/Cunningham Recreation’s Privacy Policy.

Park and Rec Pros/Cunningham Recreation reserves the right to refuse or cancel your order at any time for any reason. This may include product or service availability, product or service errors in the description or price, errors in your order, or other reasons.

Park and Rec Pros/Cunningham Recreation reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

AVAILABILITY, ERRORS, AND INACCURACIES

Park and Rec Pros/Cunningham Recreation is constantly updating product and service offerings on this Website. Park and Rec Pros/Cunningham Recreation may experience delays in updating information on this Website and in its advertising on other websites. The information found on this Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable on this Website; therefore, Park and Rec Pros/Cunningham Recreation cannot guarantee the accuracy or completeness of any information found on this Website.

Park and Rec Pros/Cunningham Recreation reserves the right to change or update information. This may include correcting errors, inaccuracies, or omissions.

Additional material surcharges may apply and may not be included in the pricing shown on site. Request a quote for pricing.

ACCOUNTS

When you create an account with Park and Rec Pros/Cunningham Recreation, you guarantee you are over the age of 18 and that the information you provide is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on this Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with this Website or a third-party service. You must notify Park and Rec Pros/Cunningham Recreation immediately if you become aware of any breach of security or unauthorized use of your account.

In choosing a username, you may not use the name of another person or entity not lawfully available for use. This includes a name or trademark subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

Park and Rec Pros/Cunningham Recreation reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

INTELLECTUAL PROPERTY

This Website and its original content, features, and functionality are and will remain the exclusive property of Park and Rec Pros/Cunningham Recreation and its licensors. This Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Park and Rec Pros/Cunningham Recreation's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Park and Rec Pros/Cunningham Recreation.

LINKS TO OTHER WEBSITES

This Website may contain links to third-party websites or services not owned or controlled by Park and Rec Pros/Cunningham Recreation.

Park and Rec Pros/Cunningham Recreation has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. Park and Rec Pros/Cunningham Recreation does not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Park and Rec Pros/Cunningham Recreation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

Park and Rec Pros/Cunningham Recreation strongly advises you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

TERMINATION

Park and Rec Pros/Cunningham Recreation may terminate or suspend your account without prior notice, at its sole discretion. This includes any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using this Website.

All Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Park and Rec Pros/Cunningham Recreation and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of this Website, by you or any person using your account and password, or b) a breach of these Terms.

LIMITATION OF LIABILITY

In no event shall Park and Rec Pros/Cunningham Recreation, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use this Website; (ii) any conduct or content of any third party on this Website; (iii) any content obtained from this Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Park and Rec Pros/Cunningham Recreation has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER

Your use of this Website is at your sole risk. This Website is provided on an "AS IS" and "AS AVAILABLE" basis. This Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Park and Rec Pros/Cunningham Recreation, its subsidiaries, affiliates, and its licensors do not warrant: a) this Website will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) this Website is free of viruses or other harmful components; or d) the results of using this Website will meet your requirements.

RULING AUTHORITY

The website user's ability to use of this site, and these terms and services are enforced by the State of North Carolina laws.