TERMS FOR GROUP ORDERS
These Additional Terms for Group Orders (referred to as the "Group Order Additional Terms"), combined with the PARKLEY Terms of Use (together, the "PARKLEY Agreement"), regulate your acquisition of any Group Orders (defined below). Terms capitalized in these Group Order Additional Terms but not defined herein will carry the meanings ascribed to them elsewhere in the PARKLEY Agreement.
Group Order Procedure: Hospitals, private practices, universities, businesses, or other sizable entities (each referred to as a "Group Order") have the option to place a specialized order for any Product(s) (referred to as a "Group Order"). Within Group Orders, there may be requests for specific custom logo embroidery on the purchased Product(s) (referred to as "Customer Embroidered Products"). To initiate the Group Order process, a representative from the Group Order (referred to as the "Administrator") must establish a Group Order account on the PARKLEY Group Orders portal on behalf of the Group Order. Through this portal, invitations may be sent to other members of the Group Order to place their own orders. However, when the Administrator places a Group Order on behalf of other Group Order members, the Administrator acknowledges and agrees to act as the primary contact for the Group Order. Consequently, the Administrator asserts and guarantees that they possess all necessary rights, authority, and permissions to enter into the PARKLEY Agreement on behalf of the Group Order and to bind the Group Order to the terms herein, including securing permissions from each Group Order member participating in the Group Order to provide personal information related to the Group Order (such as name, email address, mailing address, sizing, etc.). For any inquiries regarding Group Orders and/or the Group Order process, please contact PARKLEY at groups@goparkley.com.
Trademark Authorization: Where applicable, the Group Order grants PARKLEY a non-exclusive, non-transferable, sublicensable (to manufacturers) right and license to utilize the trademarks, trade names, service marks, logos, graphics, designs, and other commercial symbols provided by the Group Order ("Group Order Marks") for the purpose of manufacturing, producing, and embroidering the Customer Embroidered Products specified in each Group Order and/or as otherwise necessary to fulfill each Group Order.
Representations and Assurances: The Administrator affirms and assures: (i) they possess the authority and/or rights to grant PARKLEY a license to utilize the Group Order Marks for the Custom Embroidery Services; and (ii) the Group Order Marks and their authorized utilization by PARKLEY as delineated herein will not breach or infringe upon the trademark rights of any third party.
Indemnity: The Group Order agrees to indemnify, defend, and hold harmless the PARKLEY Parties from any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' or legal fees and court costs) that said parties may incur as a result of or arising from any allegation that the Group Order Marks and/or PARKLEY’s authorized use of the Group Order Marks herein infringes upon or misappropriates a third party’s intellectual property or proprietary rights.
Resale Limitations: To safeguard the intellectual property rights of PARKLEY and its licensors and suppliers, any resale of Products for personal and/or business gain is strictly prohibited. PARKLEY reserves the right to reject any order deemed to exhibit characteristics of resale.
Last Updated: April 11th 2024
