Gift shop terms & conditions
Please read these Terms of Service (the “Terms”) carefully before using the Summit Metro Parks’ website (the “Service”) operated by Summit Metro Parks. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. These Terms and use of the Service are also subject to Summit Metro Parks’ Web Site Privacy Policy. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. Disclaimer
The Website and/or Services and any products listed on the Website and/or Services (the “Products”), are provided on an “AS-IS” and “AS AVAILABLE” basis without warranties of any kind from Summit Metro Parks.
SUMMIT METRO PARKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, SERVICES, AND PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, SERVICES AND ANY GIFTS AND SUMMIT METRO PARKS IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO PROPERTY OR PERSONAL OR BODILY INJURY THAT RESULTS FROM ANY GIFTS OBTAINED VIA THE WEBSITE.
Summit Metro Parks does not make any warranty regarding the quality, completeness, usefulness of the Website, Services, or Products or any information in respect of the Website, Services, or Products. Summit Metro Parks does not warrant that the Website, Services, or Products (i) will meet your requirements or expectations, (ii) will be delivered uninterrupted, timely, secure, or error-free, (iii) will be available, or (iv) the results that may be obtained from the use of the Website or Services will be accurate or reliable.
Summit Metro Parks makes no representations or warranties expressed or implied, regarding the legal or other consequences resulting from the use of the Website, Services, or Products.
Summit Metro Parks may stop, remove, modify, or add (permanently or temporarily) the Website and/or Services at Summit Metro Parks’ sole discretion. Any new, changed, or removed features are subject to the Terms. Continued use of the Website and/or Services after any such changes constitute your consent to the changes.
2. Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
3. Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Summit Metro Parks. Summit Metro Parks has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Summit Metro Parks 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 use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
4. Copyright Notice
Materials may be made available via the Website by third parties not within Summit Metro Parks’ control. Summit Metro Parks is under no obligation to, and does not, scan content used in connection with the Website for the inclusion of illegal or impermissible content. However, Summit Metro Parks respects the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.
If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All COPYRIGHT notices should be sent to our designated agent as follows:
Summit Metro Parks
975 Treaty Line Rd.
Akron, OH 44313
330-867-5511
5. Privacy
Please refer to our privacy policy for information about how we collect, use and share personal information about you.
6. Interacting with Other Users; Ratings and Review
You are solely responsible for your interactions with other users of the Services, and Summit Metro Parks is not party to any such disputes. Summit Metro Parks reserves the right, but has no obligation, to monitor disputes between you and other users. You agree to release Summit Metro Parks, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any third parties or in any way related to goods, services, or events involving third parties.
You agree that in conjunction with your use of the Services you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not harass, stalk, intimidate, follow or track people or their possessions, will not enter onto private property without permission, will not impersonate any other person and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
Summit Metro Parks may offer you the opportunity to provide ratings and reviews as part of the Services. If you undermine the integrity of Summit Metro Parks’ ratings and/or review system in any way, your use of the Services may be suspended or terminated. You acknowledge that Summit Metro Parks does not make judgments on the truth or accuracy of opinions or statements made by you or by others. You may only leave one feedback item per unique interaction. You shall not: (i) attempt to restrict in any way any other user’s right to post a review; (ii) offer a user compensation in exchange for a more favorable review; (iii) gain feedback by receiving multiple feedback from the same user; or (iv) misrepresent or impersonate another user.
In order to protect the integrity of its ratings and review system, Summit Metro Parks will only consider removing a feedback item under the following scenarios: (i) if feedback posted contains language that is vulgar, discriminatory or contains adult material or otherwise violates these Terms; (ii) if Summit Metro Parks is provided with a court order directing Summit Metro Parks to remove or modify the feedback; or (iii) if feedback contains personally identifiable information of any user.
7. Limitation of Liability
IN NO EVENT SUMMIT METRO PARKS, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE WEBSITE OR SERVICES, OR OTHER INTANGIBLE LOSS, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (II) ANY CHANGES WHICH SUMMIT METRO PARKS MAY MAKE TO THE WEBSITE OR SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE USE OF THE WEBSITE OR SERVICES; (V) THE PRODUCTS OR VENDORS, OR (VI) ANY OTHER MATTER RELATING TO THE WEBSITE, PRODUCTS OR SERVICES.
IN ADDITION, IN NO EVENT SUMMIT METRO PARKS, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER IN RELATION WITH THE QUALITY, ACCURACY OR UTILITY OF THE INFORMATION PROVIDED AS PART OF, OR THROUGH, THE WEBSITE OR SERVICES, OR THE PRODUCTS, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUMMIT METRO PARKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY APPLICABLE JURISDICTION.
In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content. We are not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, electronic equipment, hardware, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Website or Services, including any injury or damage to Users or to any person’s mobile device or computer related to or resulting from participation or downloading materials in connection with the Website or Services. UNDER NO CIRCUMSTANCES SHALL SUMMIT METRO PARKS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE OR SERVICES, OR FROM THE USE OF THE PRODUCT, OR FROM ANY CONTENT PROVIDED OR POSTED ON OR THROUGH THE WEBSITE OR SERVICES.
8. Indemnities
You hereby agree to indemnify and hold Summit Metro Parks and its affiliates and its and their respective licensees, directors, employees, agents and advisors harmless for any claims, matters, complaints, costs, liabilities and actions arising out of Summit Metro Parks engagement with you in connection to the Website, Services and Products, including but not limited to (i) your failure to comply with applicable laws, rules and regulations (ii) any claim of infringement or misappropriation upon any User or any third party’s rights, including but not limited to any privacy rights and/or intellectual property rights (iii) arising from your breach of the Terms; or (iv) your use or misuse of the Website or Services. You agree to promptly notify Summit Metro Parks of any third-party claims and fully cooperate with Summit Metro Parks in defending such claims at your sole expense. You further agree that Summit Metro Parks shall have control of the defense or settlement of any such claims.
The abovementioned indemnity clause is in addition to and is not in any way a substitute of any other indemnity that may be agreed upon in a written agreement between you and Summit Metro Parks.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Ohio, without regard to any conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms supersede and replace any prior agreements we might have between us regarding the Service.
10. Dispute Settlement Arbitration Clause and Class Action Waiver
Except to the extent litigation is mandated by applicable law, any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the site or (2) the breach, enforcement, interpretation, application, or validity of these Terms & Conditions, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration. The arbitration shall take place in Akron, Ohio. The language of arbitration shall be English.
11. Miscellaneous
If any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision, which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect.
Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Summit Metro Parks or authorizes you to act on behalf of Summit Metro Parks.
We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void.
No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
13. Refund/Exchange Policy
Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original condition. The items being returned must be in new condition; clothing must be unwashed and unworn. Items that may not be returned include clearance items, food items and gift certificates.
To return products, you must call 330-865-8065 Ex. 322 or email our Returns Department at [email protected] to obtain and fill out a refund or exchange form. No refund or exchange will be processed without being accompanied by the refund and exchange form. Returns or exchanges can also be made in person at Maple Leaf Gifts inside F. A. Seiberling Nature Realm Visitor’s Center located at 1828 Smith Rd., Akron, Oh. 44313.
Payments for all returns or exchanges for items of lesser value must be made to the form of payment used to place the original purchase. If an exchange amounts to more than the cost of the original purchase (prior to shipping and handling if part of an online order), the customer will be responsible for paying the remaining balance.
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection
Refunds are processed within approximately three business days of our receipt of your merchandise. Business days for Maple Leaf Gifts are Wednesday through Saturday, 10 a.m. to 5 p.m., and Sunday, 12 to 5 p.m. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
Credit for your return may take 7-10 business days to process once your return is complete. If after 10 business days it is still not shown on your bank or credit statement, we recommend you reach out to your financial institution.
Contact Us
If you have any questions about these Terms, please contact us at the following address.
Summit Metro Parks
975 Treaty Line Rd.
Akron, OH 44313
330-867-5511
4930-4569-0374, v. 3