Agreement to these terms
These Terms of Use ("Terms") are a binding agreement between you and North Park ("we," "us," or "our"), doing business as Flail Path. They govern your access to and use of Flail Path at flailpath.com and related pages, content, and services (the "Site").
By accessing or using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.
We may update these Terms from time to time by posting a revised version and changing the "Last updated" date. Except as stated in the dispute-resolution section, your continued use of the Site after an update constitutes acceptance of the revised Terms. If we make a material change to the arbitration or class-action provisions, that change will not apply to a dispute for which you already provided a Notice of Dispute (defined below) before the change took effect, unless you and we agree otherwise.
Eligibility
You must be at least 18 years old and able to form a binding contract to use the Site. By using the Site, you represent that you meet these requirements.
What the Site is (and is not)
Flail Path is an independent information and media property that publishes editorial buying guides, reviews, comparisons, and related information about PTO flail mowers and similar equipment. We are not a manufacturer, dealer, retailer, insurer, or authorized service center for the brands or products discussed on the Site.
Content on the Site is for general informational purposes only. It is not professional advice (including legal, safety, engineering, purchasing, or financial advice), and it is not a substitute for manufacturer manuals, dealer guidance, or your own due diligence.
Independence from brands we review
Unless we expressly state otherwise, references to Woodmaxx, MechMaxx, The Back Forty Group, or any other brand, product, model, trademark, parent company, or company do not mean that North Park or Flail Path is owned by, employed by, endorsed by, sponsored by, or officially affiliated with that brand or company as a corporate partner, joint venture, or authorized representative.
We may have affiliate or advertising relationships with some merchants or networks. Those commercial relationships do not make us an agent of the brand, do not create a fiduciary duty to you or to the brand, and do not convert our editorial content into an official brand statement. Brand owners remain solely responsible for their products, warranties, marketing claims, pricing, availability, shipping, and customer support.
Opinions, rankings, and no reliance
Reviews, comparisons, rankings, "best of" lists, verdicts, and similar statements on the Site reflect editorial opinions based on publicly available information, manufacturer materials, and our judgment at the time of publication. They are not statements of absolute fact about every aspect of a product, and they are not guarantees of future performance, safety, or value.
You agree that you will not rely solely on the Site when deciding whether to buy, install, modify, or use any product. You are solely responsible for verifying current specifications, tractor compatibility, lift capacity, hydraulic remotes, safety requirements, warranty terms, and purchase price with the manufacturer or seller before you act.
We may update, correct, or remove content at any time without notice and without liability. If you believe content is inaccurate, email hello@flailpath.com with the URL, the claimed error, and supporting source material. Sending a correction request does not create any duty for us to revise content, respond on a particular timeline, or resolve a dispute outside the procedures in these Terms.
How we research
Flail Path spec-checks product specifications, prices, warranties, and related details from manufacturer product pages, product listings, and other publicly available sources at the time of research. We do not operate, inspect, field-test, or otherwise evaluate physical equipment. We do not conduct owner surveys, dealer interviews, or laboratory tests.
Statements on the Site about "owner themes," owner reviews, or similar summaries are unverified editorial summaries of publicly posted manufacturer-page reviews or other third-party comments. We do not independently verify those comments. They are not our representations about safety, durability, performance, or value, and they are not a substitute for your own due diligence.
Trademarks
All product names, logos, brand names, and trademarks mentioned on the Site are the property of their respective owners. Woodmaxx, MechMaxx, The Back Forty Group, and related names and logos are trademarks or trade names of their respective owners. Parent companies and affiliates of brands we mention, including The Back Forty Group, are included in this section.
We use third-party names only as reasonably necessary to identify the products and companies we discuss. We do not use those parties' logos as Flail Path branding, site chrome, or slogans, and we do not use their names in a way that suggests we are the brand, a dealer, or an authorized representative. No trademark or other license is granted to you by your use of the Site, and nothing on the Site should be read as granting any right to use a third party's marks.
Manufacturer materials and copyright complaints
Product photographs, spec tables, diagrams, and marketing phrases originating from manufacturers or other third parties remain the property of their owners. We display or quote that material on the Site only to identify the product for editorial commentary, not as our own catalog, store, or product offering.
If you are a rights holder and want material removed, email hello@flailpath.com with: (1) the Site URL where the material appears; (2) a description of the work claimed; (3) your name and contact information; and (4) a good-faith statement that you own or are authorized to act for the owner of the copyright or other right, and that the use is not authorized. Typing your name is a sufficient signature if you state that you intend it as such. We may remove or replace the material. Sending a request does not create a duty for us to admit infringement, pay damages, or respond on a particular timeline beyond what applicable law requires.
Specifications, prices, and accuracy
Manufacturers change specs, pricing, bundles, freight terms, and availability without notice. Tables, reviews, and comparisons may contain errors, omissions, rounding, or outdated figures. A published figure on the Site is not a guarantee that the manufacturer still offers that specification, price, or bundle.
Tractor compatibility; no engineering advice
Content about tractor fit, PTO horsepower, horsepower-per-foot rules of thumb, lift capacity, ballast, hitch class, hydraulic remotes, side-shift, ditch-bank geometry, blade choice, and similar statements that a tractor can or cannot run a given implement is editorial and heuristic. It is not engineering, a lift study, a safety analysis, professional advice, or a warranty of compatibility, fitness, or safe operation.
You are solely responsible for confirming, with the tractor manufacturer, the implement manufacturer, and the applicable operator manuals, that your tractor can safely lift, power, and operate a given implement. Wrong sizing, insufficient lift, missing remotes, or improper PTO setup can cause serious injury, death, or property damage, including damage to the tractor or implement. To the maximum extent permitted by law, you will not treat Site content as a determination that a product is compatible with your tractor or safe for your use.
Equipment use, safety, and assumption of risk
Agricultural and groundskeeping equipment can cause serious injury, death, or property damage. Operating a tractor, PTO implement, flail mower, rotary cutter, or related machinery is inherently dangerous. To the maximum extent permitted by law, you assume all risk arising from any decision you make based on Site content, including purchasing, installing, modifying, or operating equipment.
Always follow the manufacturer's instructions, applicable laws, and safe operating practices. Content on the Site does not replace operator training, personal protective equipment, or on-site judgment.
Affiliate relationships and third-party purchases
Flail Path is reader-supported. When you buy through links on this site, we may earn an affiliate commission at no extra cost to you. Editorial decisions are our own. We disclose affiliate relationships when they apply, and we recommend products based on fit for the use case, whether or not a given product pays a commission.
If you buy a product after visiting the Site or clicking a link on the Site, you buy from the merchant or manufacturer, not from North Park or Flail Path. We are not a party to your purchase contract. Product returns, refunds, warranty claims, shipping damage, billing disputes, and customer service are handled solely by the merchant or manufacturer under their policies.
To the maximum extent permitted by law, you release North Park, Flail Path, and their owners, officers, editors, contractors, and affiliates from any claims arising out of or related to a third-party purchase, product defect, product performance, shipping, or customer-service interaction, except to the extent a claim arises solely from our willful misconduct. Clicking an affiliate link may cause third parties to set cookies or process referral data as described in our Privacy Policy.
Third-party websites
The Site links to third-party websites, including manufacturer stores, affiliate networks, and other resources. We do not control those sites and are not responsible for their content, availability, security, privacy practices, or terms. Your use of third-party sites is at your own risk and subject to their terms and policies. Mentions of third-party products are not a guarantee of fitness for your purpose, merchantability, or non-infringement.
Intellectual property
Subject to third-party rights in trademarks and manufacturer materials, the Site's original text, selection, arrangement, graphics, and other original content are owned by North Park or its licensors and are protected by copyright and other laws. You may view and share links to public pages for personal, non-commercial use.
You may not copy, scrape, crawl, harvest, republish, mirror, sell, create derivative works from, or commercially exploit Site content, or use Site content to train, fine-tune, or evaluate machine-learning or artificial-intelligence models, without our prior written permission, except as allowed by mandatory law (for example, brief quotation with attribution for criticism or commentary). We may seek injunctive or other equitable relief to stop unauthorized use of Site content without posting a bond beyond what applicable law requires.
Feedback
If you send ideas, corrections, suggestions, or other feedback about the Site, you grant North Park a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, publish, and commercialize that feedback for any purpose, without compensation or attribution to you, and without creating any confidential relationship.
Acceptable use
You agree not to:
- Use the Site for any unlawful purpose
- Attempt to disrupt, overload, reverse engineer, or gain unauthorized access to the Site or related systems
- Scrape, harvest, or systematically download Site content in a way that harms Site performance or violates these Terms
- Misrepresent an affiliation with North Park, Flail Path, or any brand discussed on the Site
- Use Site content to make false or misleading claims about products, brands, or our editorial process
We may suspend or block access to the Site for conduct we reasonably believe violates these Terms or harms the Site, our users, or third parties.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT CONTENT WILL BE ACCURATE, COMPLETE, OR CURRENT.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NORTH PARK, FLAIL PATH, AND THEIR OWNERS, OFFICERS, EDITORS, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE, ANY CONTENT ON THE SITE, ANY PRODUCT DISCUSSED ON THE SITE, OR ANY THIRD-PARTY LINK OR PURCHASE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or, where such a limitation is prohibited, gross negligence or willful misconduct. In jurisdictions that do not allow certain limitations, our liability is limited to the fullest extent permitted.
Indemnification
You agree to defend, indemnify, and hold harmless North Park, Flail Path, and their owners, officers, editors, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your misuse of the Site or Site content; (b) your violation of these Terms; (c) your infringement or misappropriation of any intellectual property or other right of a third party in connection with your use of the Site; or (d) your misrepresentation of an affiliation with us or with any brand discussed on the Site.
Dispute resolution; arbitration; class-action waiver
Before starting arbitration or a lawsuit that these Terms allow, you and we agree to try to resolve the dispute informally. Send a written Notice of Dispute by email to hello@flailpath.com that includes your name, the email address you use to contact us, a description of the dispute, and the relief you seek. We will have 30 days from receipt of a complete Notice of Dispute to attempt an informal resolution.
Except for disputes that qualify for small-claims court, any dispute arising out of or relating to these Terms or the Site that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this section. The seat of arbitration will be in Delaware, unless you and we agree otherwise. Judgment on the award may be entered in any court with jurisdiction.
If you are an individual using the Site for personal or household purposes, you may opt out of arbitration by emailing hello@flailpath.com within 30 days after you first accept these Terms, with the subject line "Arbitration Opt-Out" and your name and a statement that you opt out. If you opt out, the class-action waiver below still applies to the extent permitted by law, and disputes will proceed in court under the governing-law section.
YOU AND WE AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.
Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property or confidential information pending arbitration. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must be brought in court and not in arbitration. This dispute-resolution section survives termination of these Terms or your use of the Site.
Governing law and venue
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, and by the Federal Arbitration Act where arbitration applies. Subject to the arbitration section above, exclusive venue for any permitted court action will be the state or federal courts located in Delaware, and you consent to personal jurisdiction there.
Miscellaneous
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Site.
- Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
- No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
- Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
- No third-party beneficiaries. Except as stated for our indemnified parties, these Terms do not create rights in third parties, including brands we review.
- Survival. Provisions that by their nature should survive (including intellectual property, feedback, disclaimers, limitation of liability, indemnification, dispute resolution, and this miscellaneous section) survive termination of these Terms or your use of the Site.
Contact
Operator: North Park, doing business as Flail Path.
Legal inquiries: hello@flailpath.com