/Palm Arbor Website Terms of Use
Palm Arbor Website Terms of Use2019-02-05T12:38:15+00:00

Palm Arbor Website Terms of Use

Palm Arbor Services, LLC, d/b/a Palm Arbor Services currently provides users with access to, and use of, information regarding various products and services on its web site located at www.Palm Arbor Services.com (the “Palm Arbor Site”. The Palm Arbor Web Site and all products or services offered therein are referred to collectively as the “Service”. The Terms of Use, containing the terms, conditions, notices and agreements below (collectively, “Terms”), together with the Privacy Policy, govern your use of the Service as well as all submission, transmission or posting of any information, data or materials in any way, whether on the Palm Arbor Web Site, via the Service, or on any message board, chat room, or in any other form or manner. In the event of any conflict between any one or more provisions in the Terms and in any other document or agreement between Palm Arbor and you related to a specific product or service offered on or through the Service, the provision in the Terms shall govern. The Services and products are offered to you conditioned solely upon your acceptance of the Terms without modification or reservation. Palm Arbor expressly reserves any and all rights not expressly granted in the Terms. Your use of the Services and Products means you agree to all of the Terms and agree to them without modification or reservation. By using the Palm Arbor Web Site, you certify that you are above the age of majority in your state of residence. By ordering Products or Services from Palm Arbor, you agree to the terms and conditions of this agreement.

There are no refunds once a purchase is made.Palm Arbor may make changes to any products or services offered on the Palm Arbor Web Site, or to the applicable prices for any such products or services, at any time, without notice.

The materials on the Palm Arbor Web Site with respect to products and services may be out of date, and Palm Arbor makes no commitment to update the materials on the Palm Arbor Web Site with respect to such products and services. All fees and charges are subject to change. Please refer to the website for the current fee for use of the Palm Arbor Products or Services.

Your visit to the Palm Arbor Web Site is subject the Palm Arbor Privacy Policy, and its terms are made a part of these Terms by this reference. You agree to the use of your personal information and other data in accordance with the Palm Arbor Privacy Policy, as updated from time to time. The Palm Arbor Website may contain hyperlinks or other connections to web sites owned and/or operated by parties other than Palm Arbor. You understand, acknowledge, and agree that Palm Arbor does not control these other web sites and is not responsible, nor shall be liable (directly or indirectly) for them, including, but not limited to, their availability, their content or any viruses they may contain. The inclusion of any hyperlinks or connections to web sites operated by parties other than Palm Arbor is for convenience only and does not in any way directly or indirectly imply any endorsement of the material on them or any association with their owners or operators. As noted above, Palm Arbor does not control such web sites and, therefore, does not assume any responsibility for the operation or content or privacy practices of such web sites or the technology they implement. All use by you of such web sites is at your own risk. Palm Arbor reserves the right to terminate such links at any time without notice. You should review the privacy policy and terms of use for each such web site and confirm that they are acceptable to you before you register on or use that site. Because some web sites employ automated search results or otherwise link users to sites that contain information that may be deemed inappropriate or offensive, Palm Arbor cannot be held responsible for the accuracy, legality or decency of material contained on such web sites. By using this Web Site and providing your e-mail address, you are consenting to receive e-mail from us unless and until you advise us in writing or by e-mail that you do not desire to receive e-mail from us. Please see Palm Arbor’s Privacy Policy for further information on how we treat personal information and data that we collect from users of the Palm Arbor Web Site.

Accuracy of Material/Indemnification: You understand and acknowledge that material you receive on the Palm Arbor Web Site, including hyperlinks, may include inaccuracies, typographical errors and/or out-of-date material. You understand, acknowledge, and agree that Palm Arbor is not responsible for, nor shall it be liable (directly or indirectly) for any inaccuracies, typographical errors and/or out-of-date material. Further, you also understand and acknowledge that material and software on the Palm Arbor Web Site may be changed or revised from time to time without notice. You agree that you will hold harmless Palm Arbor, its affiliates and the respective shareholders, officers, directors, employees, agents, licensors and suppliers of Palm Arbor and its affiliates from any and all claims arising out of or related to your access or use of, or your inability to access or use, the Palm Arbor Web Site or from the services rendered or made available by Palm Arbor in conjunction with your use of the “Palm Arbor” website. In no event will Palm Arbor, its affiliates or the contributors of content to the Palm Arbor Web Site be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Cancellation Policy: All products purchased from Palm Arbor Services, LLC, d/b/a Palm Arbor Services (“Palm Arbor”) are payable in advance via credit card or an approved online merchant service vendor. You (the customer) may not cancel your order for Palm Arbor products or services once the order has been placed. You may also cancel your account by emailing us at cancel@Palm Arbor Services.com

Disclaimer of Warranties/Limitation of Liabilities: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PALM ARBOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PALM ARBOR MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEETY OUR REQUIREMENTS, (b) THE SERVICE, THE CONTENT, THE INFORMATION SPECIFICALLY AND/OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE, USEFUL, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS, REQUIREMENTS, AND/OR SPECIFICATIONS, (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED, AND (f) MATERIAL ACCESSIBLE FROM THE PALM ARBOR WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MECHANISMS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PALM ARBOR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST PALM ARBOR AS THE PROVIDER OR HOST OF, OR ANY IN OTHER CAPACITY RELATED TO, THE SERVICE FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON THE PALM ARBOR WEB SITE OR FOR ANY OTHER REASON. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PALM ARBOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ONE STEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED TO: (a) THE USE OR THE INABILITY TO USE THE SERVICE (OR ANY HYPERLINKS), OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, WHETHER THE CONTENT IS ERROR-FREE, ACCURATE AND/OR CURRENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO EITHER THE SERVICE SPECIFICALLY OR THE INTERNET GENERALLY, WHETHER BASED ONCONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS OF LIABILITY AND/OR DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU. FURTHER, IF ANY DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN ONE STEP’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES TO ANY ONE PERSON SHALL BE LIMITED TO THE LESSER OF THAT PERSON’S COST FOR USING THE SERVICE OR U.S. $100.00.

Waiver/Applicable Law: A waiver of any obligation or right under these Terms shall not be effective unless in writing executed by the party against whom it is being enforced, and shall not be construed as a waiver of any other obligation or right under these Terms. Moreover, any failure by Palm Arbor to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Palm Arbor of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Palm Arbor and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. The Palm Arbor Web Site is created and controlled by Palm Arbor in the State of Florida, U.S.A. As such, you agree that the substantive laws of the State of Florida will govern the interpretation and enforcement of these Terms, or any disputes that arise hereunder or relate in any way to any part of the Services or Products, the Palm Arbor Web Site, any Palm Arbor Content, or otherwise to these Terms, without giving effect to any principles of conflict of laws which might otherwise result in the application of the substantive laws of another jurisdiction. You consent to the mandatory and exclusive jurisdiction and venue for any action or dispute in the local and federal courts located in the county of Broward, State of Florida, U.S.A.

The information contained in the Palm Arbor Web Site, Palm Arbor Services, is subject to change without notice. Copyright© 2012 Palm Arbor Services, LLC. All rights reserved. Any rights not expressly granted herein are reserved