Terms of Use - Website

 

These Terms of Use cover the use of certain websites, online services, applications, telephone support services, e-mail, text, or other messaging, blogs, software and networks (including internet of things (IoT) devices, web and social media sites and pages, games and contests, software or networks) (“Parker Service(s)”) of Parker-Hannifin Corporation and/or its subsidiaries, affiliates, and associated companies (“Parker” or the “Parker organizations”). These Terms of Use will help you to understand how your personal information will be treated as you use, download or otherwise access any of the Parker Services.

By using the Parker Services, you are indicating that you have read these Terms of Use, and have accessed and read the Privacy Policy, the End User License Agreement (EULA), and the associated information regarding Cookies and Safety, and have consented to the terms of each.

The Parker Services are for business to business use only. The Parker organizations collect information relating to you and your use of the Parker Services in order to provide services, features, and product information that are easy to use and that meet your needs. For example, when you use a Parker website, Parker may collect personal information including your business contact details and information about the pages you visit in view of making orders or enquiries about Parker products and services for your employer company.

Contact Us

For details of the Parker organizations in your country, please go to www.parker.com and “Choose Your Country” then select “Contact Us” or “Contact Parker” and see the information labelled “Contact Information.”   Take care when using the “Contact Us” facility not to provide your private contact details or any other private information such as your home address or phone number. See the Privacy Policy for additional information.

Updates and Revisions

These Terms of Use may change from time to time. In certain countries and depending on applicable law, significant changes, e.g. those affecting the scope of the personal information that we process about you, may be specifically brought to your attention. We may do this by prominently posting a notice of such changes on the landing page of a website or an application prior to implementing the change, or by sending you a notification of the change by email. If we require additional consents from you for the processing of your personal information we may request consent to the amended scope of processing of your personal information.

If you have any questions about these Terms of Use, our Privacy Policy or the associated information regarding Cookies, please contact the Parker organizations operating in your country before you continue your use of the Parker Service(s).

IP Addresses

An IP address is a number that is automatically assigned by your Internet Service Provider (ISP) to your computer or other device. Our servers automatically collect and use IP addresses (and if required by applicable law they may be shortened to ensure they do not identify you). They do this for identification purposes, so that data requested by you can be sent to your computer or other device in a manner for presenting content that is tailored to your home country location.

As IP addresses, server log files and other such data do not reveal your specific identify, we treat such information as non-personal information, unless otherwise required by applicable law. Among other things, the Parker organizations use IP addresses for purposes of administering our websites and systems, calculating usage levels of our websites, and helping us to diagnose problems with our websites and/or other Parker Systems. We also use IP addresses in conjunction with cookies for the purpose of “remembering” your computers or other device, to save you from, for example, selecting local languages each time the same computer or other device is used to access the Parker Service(s) (see Cookies).

Registered or Named Users

Parker Services may allow you to become a registered or named user. When you become such a user, we may ask for your name, business email address, and other information including your job title, business telephone number, your employer company, its address and your country. We may use cookies to remember your details and content preferences (see belowunder Cookies). You may be asked whether you would like to receive e-mail messages regarding our products, services or other topics which may be of interest to you. The Parker organizations will not send you such messages without your consent, as relevant and depending on applicable laws. Further details are provided below under Tailored Marketing Emails.

“Live Chat”

“Live Chat” is available on certain country specific pages of the Parker website (www.parker.com). It allows direct and real time web- based chat between you and Parker or Parker distributors (depending on the products/services you are interested in). You can use this, for example, to make technical or other enquiries about the products and services of the Parker organizations. If you use “Live Chat”, we may collect your name, business email address and other information including your job title, business telephone number, your employer company and address and your country. “Live Chat” is operated by a third party vendor and your personal information collected through “Live Chat” may be stored or otherwise processed outside your own country including in countries and territories outside the European Economic Area. Transcripts of “Live Chat” sessions may be retained to answer additional questions you may have about Parker products and services or for Parker to improve those products and services.

Please do not choose to use “Live Chat” unless you consent to your personal information being transferred outside your own country (including outside the European Economic Area, as relevant) to:

(i)   the Parker organizations in order for them to respond to your enquiries, and

(ii)   to our third party vendor operating “Live Chat”.

In addition, please note there may be justifications other than consent on which the Parker organizations will rely in order to transfer your personal information.

You may of course obtain information about products and/or services of the Parker organizations direct by telephone instead of through use of the Parker Services. Please see the “Contact Us” details on www.parker.com for telephone contact details.

Warning:   As with all free text fields and online chat facilities, “Live Chat” enables you to decide the content of the real time communications you send. Take care when you populate those fields. The Parker Services, and particularly “Live Chat”, are only intended for business use. The Parker organizations do not wish to collect personal information through any of the Parker Services, except for your business contact details and as strictly necessary to deal with queries about the products and/or services of the Parker organizations and/or to enable the Parker Services to be easy to use and response to your needs. Take care when using the Parker Services, and particularly any “Live Chat” facility, not to provide your personal contact details or any personal information which relates to you in your personal or private capacity; or any sensitive personal information such as details of race, ethnic origin, religious or other beliefs, health or medical information, union membership, sexual orientation, or any personal information about any other person (if any of your colleagues wish to communicate with the Parker organizations, please ask him/her to do so himself/herself).

Tailored marketing emails

When you first visit certain Parker Services, as relevant and depending on applicable laws, you may be asked whether you would like to receive e-mail messages regarding the products and/or services of the Parker organizations and other topics which may be of interest to you.

A particular cookie is used to tailor those types of emails to the products and/or services of the Parker organizations based on how you use the Parker Services. The cookie combines your name and business email address with details of the various pages of the Parker Services that you visit. This is very limited personal information about you, acting in your business capacity and for your employer company. Your browser or device can be set to disable this cookie. This means you can withdraw your consent to it at any time. Please see Cookies for more information.

In addition, in each email you will have the opportunity to manage your preferences, including unsubscribing from further emails. Click on the “Manage Preferences” link at the bottom of the email to do this. You may also opt-out of emails at any time by contacting the Parker organization operating in your country (see “Contact Us” details above). If the emails are not from the Parker organization in your country but are from other companies in the Parker organizations, then the Parker organization in your country may not control those emails but it may at its discretion explain who you should contact to opt-out of them or it may pass on your opt-out request.

The Parker organizations wish to send our tailored marketing emails to your business email address only. Please do not provide us with your personal email address.

Notwithstanding the performance of a contract between us, we may use your e-mail address solely for our marketing purposes. In certain countries and depending on applicable law, you may have rights to object to use of your email address for marketing purposes at any time and free of charge and you may be entitled to object via any communication type and media (not only by an “unsubscribe” request sent to us by email). Your objection must be received by us in order to be effective. To object in this way and at any time, please contact us (see “Contact Us” information above). If you wish to object after receipt of an email, you may do that through the “Manage Preferences” link as is mentioned directly above.

Users under the Age of 18

You must not use this Website if you are under 18.

Copyright

Copyright © Parker Hannifin Corporation. Year of copyright is the current year. All rights reserved. The content of the Parker Services may not be copied, reproduced, replaced, distributed, published, displayed, modified, or transferred in any form or by any means except with the prior permission of Parker-Hannifin Corporation. Copyright infringement is a violation of federal law subject to criminal and civil penalties.

Limitation of Warranty

The data and information contained in the Parker Services are believed to be accurate, BUT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In no event shall the Parker organization be liable for any damages of any kind whatsoever, including any special, indirect, or consequential damages, relating to the use of the Parker Services except as otherwise limited by applicable law. Parker products and services are warranted, if at all, only according to the terms and conditions set forth in Parker’s Offer of Sale.

User Access

Parker may at any time, in its sole discretion: (1) revoke the access of any user of a Parker Service; (2) modify, change, withdraw, delete, or disable a Parker Service and/or any of these conditions of use in whole or in part.

Trademark

“Parker," "Parker-Hannifin," and/or other Parker names or products referenced herein are trademarks or registered trademarks of Parker-Hannifin Corporation or its licensor. Other product or company names mentioned herein may be the trademark of their respective owners.

Software and Files

Any software, application, program, or files (collectively "Software") that may be made available for download, access, or other use from a Parker Service may be the copyrighted work of Parker and/or its suppliers. Use of the Software is governed by the terms of this notice and the end user license agreement ("EULA"). The Software is made available for downloading solely for use by end users and otherwise according to the EULA. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION OR MEDIA FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE EULA. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, PARKER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  

DISCLAIMER

PARKER DOES NOT WARRANT THAT THE FUNCTIONING OF ANY PARKER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PARKER SERVICE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PARKER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, IN NO EVENT WILL PARKER, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PARKER SERVICES OR SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PARKER SERVICE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE PARKER SERVICE.

Social Media and Feedback

The Parker Services may include bulletin boards, chat rooms, newsgroups, messaging, games, contests, and other media (“Social Media”) which allow feedback to Parker and/or real-time interaction between users. Parker does not control the messages, images, information or files delivered to any Social Media. It is a condition of your use of the Social Media and the Parker Service that you do not:

  1. Restrict or inhibit any other user from using and enjoying the Social Media or the Parker Service.
  2. Post or transmit any unlawful, anticompetitive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  3. Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivation works with respect thereto, without first obtaining permission from the owner or right holder.
  4. Post or transmit any information, software or other material which contains a virus or other harmful component.
  5. Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising, other than for the business purposes of the Parker organization.

You understand that Parker has no obligation to monitor or edit the content of the Social Media. However, Parker reserves the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Parker's sole discretion are objectionable or in violation of these terms.

By posting messages or images, uploading files, or inputting data or other information, or by engaging in or providing feedback, suggestions, requests, corrections, comments, or any other form of communication through or concerning any Parker Service or Social Media, you are granting the Parker organization a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

  1. Use, copy, sublicense, adapt, transmit, retransmit, distribute and/or publicly perform or display any such message, image, file, data or other information, or other communication.
  2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to any such message, image, file, data or other information, or other communication.

The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such message, image, file, data or other information, or other communication, including but not limited to rights under copyright, trademark, patent, publicity, or privacy laws in any relevant jurisdiction, and Parker accepts no obligation for maintaining the confidentiality of any such file, message, image, file, data or other information, or other communication.

Usage Restrictions

You shall not, except to the extent permitted by applicable law:

  1. Make any Parker Services or Software available to, or use any Parker Services or Software for the benefit of, anyone other than you or registered or named users, as applicable; or
  2. Sell, resell, license, sublicense, distribute, rent or lease any Parker Services or Software, or include any Services or Software in a service bureau or outsourcing offering; or
  3. Use any Parker Services or Software to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; or
  4. Use any Parker Services or Software to store or transmit malicious code, or to interfere with or disrupt the integrity or performance of any Parker Service or data contained therein; or
  5. Attempt to gain unauthorized access to any Parker Services, Software, systems, or networks; or
  6. Permit direct or indirect access to or use of any Parker Services or Software in a way that circumvents a contractual usage limit; or
  7. Copy any Parker Services or Software, or any part, feature, function or user interface thereof; or
  8. Frame or mirror any part of any Parker Services or Software; or
  9. Access any Parker Services or Software in order to build a competitive product or service; or
  10. Reverse engineer any Parker Services.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall the Parker organization be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use any Parker Service. You specifically acknowledge and agree that Parker is not liable for any defamatory, anti-competitive, offensive, or illegal conduct of any user. If you are dissatisfied with any Parker Service, or with any of Parker's terms, your sole and exclusive remedy is to discontinue using the service.

Termination

These terms are effective until terminated by Parker, at any time without notice. In the event of termination, you are no longer authorized to access the applicable Parker Service provided, however, that restrictions imposed on you with respect to downloaded software or content, and the disclaimers and limitations of liabilities set forth in these terms, shall survive.

Other

These terms shall be governed by and construed in accordance with the laws of the State of Ohio, USA, without giving effect to any principles or conflicts of law. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

File Transfer Protocol (FTP) Sites

Although Parker will endeavor to use reasonable efforts to ensure that a file uploaded to a FTP or other file sharing server owned or provided by Parker or a third party contractor or vendor of Parker (a “Parker Server”) will be accessible only to the individual(s) for whom the file is intended, Parker is not responsible for any unauthorized access to any uploaded file, and accepts no obligation for maintaining the confidentiality of any such file. Parker reserves the right to review, remove and/or delete any uploaded file, for any reason, and in its sole discretion. Uploading the copyrighted or confidential material of a third party is strictly prohibited.

PARKER DISCLAIMS ALL WARRANTIES REGARDING ANY FILE DOWNLOADED FROM A PARKER SERVER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Parker makes no representation with respect to the integrity or functionality of any file downloaded from a Parker server owned or provided by Parker, including, but not limited to, any representation that the file is virus-free or contains no defects.

In no event shall Parker be liable for any damages whatsoever arising out of or related to the use of a Parker server, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. By uploading or downloading any file from a Parker server, you expressly agree to these terms.

User Data

As used herein, “User Data” means data, information or other content submitted by or for you to the Services or collected or processed by or for you using the Services. You warrant that you have the right to license use of the User Data to Parker, and you grant to Parker and its distributors, agents and business partners, each acting in her or its capacity as such, a perpetual license to copy, backup, store, transfer, maintain, modify and otherwise use the User Data for providing the Services to you and/or for providing other services or products to you, and in aggregate, but not including any personally identifiable information, for improving and enhancing the Services. Parker may collect, process, copy, backup, store, transfer and use personally identifiable information only in accordance with its Privacy Policy posted above. By using the Services, you agree to such Privacy Policy.

Copyright Agent

Parker respects the rights of all copyright holders and has adopted and implemented a policy that provides for the removal from its web site of materials that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Parker's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
  3. 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;
  4. Information reasonably sufficient to permit us to contact the complaining party;
  5. 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
  6. 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.

Parker’s Copyright Agent for notice of claims of copyright infringement on or regarding the Parker Services can be reached as follows:

Copyright Agent

Attn: Legal Department

6035 Parkland Boulevard

Cleveland, Ohio 44124-4141

Phone: (216) 896-3000

Fax: (216) 896-4027

E-mail: copyrightagent@parker.com

 

ParkerStores

ParkerStores are independently-owned distributors of Parker Hannifin Corporation or its subsidiaries or affiliates. For additional information please visit the ParkerStore™ Network at www.parkerstore.com.

Indemnification

YOU ARE SOLELY RESPONSIBLE FOR, AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE PARKER ORGANIZATION FROM AND AGAINST, ALL LIABILITIES, CLAIMS, DAMAGES, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OR MISUSE OF THE PARKER SERVICES, SOFTWARE, INFORMATION, AND/OR DOCUMENTATION, OR FROM OR RELATED TO ILLEGAL, INFRINGING, OBSCENE, DEFAMATORY OR OTHERWISE UNLAWFUL USER DATA, OR YOUR VIOLATION OR ALLEGED VIOLATION OF THESE TERMS.

 

Last updated: May 2018

 

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