PRIVACY POLICY

This privacy notice discloses the privacy practices for www.freshpark.com. This privacy notice applies solely to information collected by this web site. It will notify you of the following:

1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

All material and audiovisual works provided to Freshpark, Inc. (“Freshpark”) or  given access to, shall be referred to as “User Submissions.”

You shall be solely responsible for your own User Submissions and the consequences of submitting them. In connection with User Submissions and all material used, contained, displayed, featured, incorporated by Freshpark as set forth herein, you represent, and warrant that: (i) you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all  intellectual property rights necessary for Freshpark to use and publish your User Submissions and for you to license your User Submissions to Freshpark; (ii) you have  secured all rights, licenses, and permissions to use and to license to Freshpark, any and  all works and/or material owned by any third party, used or appearing in or in connection with your  User Submissions; (iii) you own or have all the necessary licenses, rights, consents, and permissions,  including without limitation, all rights relating to the name(s), image(s), likeness(es), rights of privacy,  and rights of publicity (whether common law or statutory) of any person appearing in any User Submission (collectively, “Personal Rights”), to use and publish your User Submissions and to license  your User Submissions to Freshpark, and further that any such person is at least 18 years  old or the age of majority in the jurisdiction in which that person resides (whichever is greater) or, if  that person is younger than the greater of 18 years or the age of majority, you have received such  permission from that person’s parent or legal guardian; and (iv) your User Submission does not infringe and will not infringe on the copyright, trademark, trade secret, rights of privacy or publicity, or other intellectual property or personal rights of any person or entity. In addition, your User Submission may not contain content that is unlawful, harmful, abusive, or harassing, constitutes inherently dangerous activities, or threatens your safety or the safety of any other person.

You understand that whether or not such User Submissions are published, Freshpark does not guarantee, and disclaims, any confidentiality with respect to any User Submissions.

By submitting User Submissions to Freshpark, you hereby agree as follows: (i) you grant to Freshpark, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns,  and successors, a worldwide, non-exclusive, royalty-free license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, display, edit, resize, replace audio, telecast, rerun,  syndicate, perform, compile with other third party content, and otherwise exploit the User Submissions, in any media formats now known or hereafter devised and through any media channels, in whole or in part, in connection with the service, product and channel currently known as Freshpark, and  all channels and subchannels, programs, websites, social media accounts, platforms and sub-platforms, apps (native or otherwise), properties, formats, products, or services now or hereafter owned, operated, or offered by Freshpark or its parents, subsidiaries, affiliates or licensees; any commercial or non-commercial purposes; and in any other manner relating to Freshpark's businesses, including without limitation, for advertising, marketing, promoting, and of redistribution all or a portion thereof (collectively, the “Channels”); (ii) you grant each licensee of Freshpark a non-exclusive license to view your User Submissions through the Channels, and to use, copy, reproduce, distribute, display and perform such User Submissions as permitted through these Terms and any license entered with said licensees; (iii) you grant Freshpark, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a  worldwide, non-exclusive and royalty-free license the right to use the name, website, social media  channel or other identifiable information that you submit in connection with such User Submissions. You understand and agree, however, that Freshpark may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted. The above licenses granted by you terminate within a reasonable time after your User Submissions is removed or deleted by Freshpark, if so removed or deleted; (iv) You grant Freshpark the  right to edit and/or modify any User Submissions. Freshpark each reserves the right to not  use the User Submissions at all and/or to use as much or as little of the User Submissions as deemed  appropriate; (v) You grant Freshpark the right to place any advertising or promotions on the Channels or on, about, around, incorporated into, or in conjunction with your User Submission(s). The manner, mode and extent of such advertising and promotions are subject to change without  specific notice to you; (vi) you will not submit any User Submission that is subject to a third party’s copyright, protected by third party’s trade secret or otherwise subject to third party proprietary rights, including intellectual property rights and Personal Rights, unless you are the owner of such rights or  have permission from their rightful owner to submit the material and to grant Freshpark all of the licenses granted herein; (vii) you authorize and license to Freshpark to use all intellectual property rights and Personal Rights in and to any and all User Submissions to enable  publication and use of the User Submissions in the manner contemplated by yourself and Freshpark, in accordance with these Terms and Conditions; and (viii) you waive any and all rights to claims you may have based upon or relating to any use of your User Submissions or the works derived therefrom including but not limited to claims for infringement, invasion, misappropriation, or  violation of any intellectual property rights or Personal Rights, and you will neither sue nor bring any  claims or proceedings against Freshpark, its parents, subsidiaries, affiliated entities,  licensees, designees, assigns, and successors based upon or relating to its use of the User  Submission(s).

The Content is, and will remain exclusively owned by you, and all right, title, and interest in and to the Content is owned and reserved by you; and Freshpark will not take any action inconsistent with, or which may adversely affect your ownership of the Content.

Freshpark reserves the right to delete any User Submissions for any or no reason, and without prior notice. Freshpark does not permit copyright-infringing activities on its Service, and will remove any User Submission if notified that such User Submission infringes on another’s copyright. Freshpark each reserve the right to remove User Submissions without notice.  Deleted User Submissions may be stored by Freshpark in order to comply with certain legal obligations and are not retrievable without a valid court order. Consequently, Freshpark encourages you to maintain your own backup of your User Submissions.  

Freshpark does not endorse any User Submission or any opinions, actions,  recommendations, or advice expressed therein, whether direct or implied, and Freshpark expressly disclaims any and all liability in connection with such User Submissions.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 714-369-2495 or via email.

TERMS

Dealership Requirements
All Freshpark product dealers must maintain a storefront for retail sales and must maintain regular business hours. Any Freshpark product dealer must carry, display and sell Freshpark product inventory to qualify as an active dealer.

Insurance Requirements
Dealers will carry general liability insurance and have proof of insurance sent to Freshpark by their insurance agent.

Pricing and MSRP
Freshpark sets a Manufacturers Suggested Retail Price, MSRP, for all its regularly available products. The MSRP for each product can be found on any Freshpark order form for each product, on the web at www.freshpark.com, or by calling Freshpark directly at 714.369.2495. Pricing for Freshpark products are subject to change without notice.

Territories and Exclusivities
Freshpark does not regularly offer exclusives or protected territories to retailers. Exceptions are at the sole discretion of Freshpark.

Internet Sales
All Internet sales of Freshpark products are strictly governed and at the sole discretion of Freshpark. Auction sales of Freshpark products are prohibited except in cases strictly authorized by Freshpark.

Payments
Freshpark accepts Visa, MasterCard, Discover, and American Express for all orders not on open account. Open Account orders are regulated by the terms and conditions set by Freshpark for these accounts.

Drop Shipments
Freshpark will add a minimum 15% handling charge to all drop shipments based on the total wholesale price of all items. Drop shipments will be on dealers shipping account unless otherwise agreed by Freshpark. Freshpark will not be responsible for any shipping or freight charges related to drop shipment of orders including return shipment costs, COD charges, surcharges, etc.

Shipping and Freight
Freshpark ships via FedEx Ground for small volume orders, and via common carrier for larger quantity orders. Other shipping options are available upon request. Damage claims are the sole responsibility of the carrier and must be negotiated directly between the dealer and the carrier. Any claim must be filed with the carrier upon delivery. Ownership of goods is transferred to dealer upon delivery to shipper.

Back Orders
Freshpark will not hold backorders of a requested product if the product is out of stock or unavailable. Freshpark will notify the customer when the product is available.

Warranty Policy
A limited warranty for Freshpark products is provided by Freshpark to the original purchaser. Please see the Freshpark Limited Warranty in your product owner's manual for details, or contact Freshpark directly if there are further questions.