Terms of Sale

Last Updated: 6/28/2019

These Terms of Service (“Terms”) govern your access to and use of Palm Ventures Group, Inc. and our affiliates’ (collectively, “Palm Ventures Group,” “we,” or “us”) websites and online products and services (collectively, the “Services”). In addition to these Terms, your access to and use of the Services are governed by (i) our Privacy Policy, which can be found at www.palm.com/privacy (the “Privacy Policy”), and (ii) any additional terms or rules that apply to specific websites, products, or services that we offer. If you are purchasing any products on our websites, our Terms of Sale, which can be found at palm.com/termsofsale, also apply. To the extent any additional terms or rules conflict with these Terms, the additional terms or rules govern with respect to your access to or use of the applicable website, product or service. The Privacy Policy and any such additional terms and rules constitute a part of these Terms and are incorporated by reference herein. Please read these Terms, the Privacy Policy and any such additional terms and rules carefully. 

These Terms govern your use of the Services, constitute a binding agreement between you and Palm Ventures Group, and are deemed accepted by you and Palm Ventures Group. Your access to or use of the Services indicates your acceptance to these Terms. If you do not accept these Terms, then do not use or access the Services. If you are accessing or using the Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

We may change these Terms from time to time. If we make changes, we will notify you by revising the date at the top of these Terms, and in some cases, we may provide you with additional notice (such as adding a statement to our website’s homepage or sending you an email notification). We encourage you to review these Terms frequently.​

Eligibility; Use Restrictions

You hereby affirm that you are over the age of thirteen (13), as the Services are not intended for anyone under 13. If you are under 13 years of age, then you may not use the Services. In addition, if you are between the ages of 13 and 18 (or between the ages of 13 and the age of legal majority under applicable law), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

You represent and warrant that you have the full power and authority to agree to these Terms and that in doing so you will not violate any other agreement to which you are a party and that you have not been previously suspended or removed from the Services. 

You represent, warrant, and agree that you will not use the Services in a manner that is illegal or otherwise inconsistent with these Terms. In addition, you will not use the Services in a manner that Palm Ventures Group deems, in its sole discretion, objectionable. You agree that you will access the Services only through the interfaces provided. You also agree not to do any of the following:

• attempt to decipher, decompile, disassemble or reverse engineer or otherwise hack our websites or any software, network or servers used to provide the Services, or damage the Services or our other property in any way;
• attempt to breach any security or authentication measures of the Services;
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any other third party to protect the Services;
• use the Services for any commercial purpose or solicitation;
• interfere or attempt to interfere with other users’ use of the Services;
• impersonate or misrepresent your affiliation with any person;
• do anything that is harmful, fraudulent, deceptive, threatening, harassing, threatening, predatory, defamatory, obscene, or otherwise objectionable;
• do anything that could disable, damage, tamper with, impair or otherwise cause interruptions to the proper working of the Services(including by placing an unreasonable load on the Services’ infrastructure);
• use any robot, spider, scraper or other automated means to access, data-mine, data-crawl, scrap or index the Services in any manner;
• send spam or any other unauthorized advertisements or solicitations through or using the Services;
• attempt to harvest, collect or use addresses, phone numbers or email addresses or other contact information of users without consent from such users and from Palm Ventures Group;
• solicit personal information (including social security numbers, credit card numbers and passwords) from users;
• offer any contest, sweepstakes, coupon or other promotion through Palm Ventures Group;
• do anything that is infringing, fraudulent, malicious or could expose us or our users to harm or liability;
• allow a child under the age of 13 to provide any personal information in such child’s User Content (as defined below);or
• attempt, encourage or facilitate any of the above.

We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Palm Ventures Group has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, in our discretion and at any time, to suspend or discontinue any part of the Services, introduce new features or impose limits on certain features, or restrict access to parts or all of the Services.​

User Content

We may allow you to submit information to us directly by email, through forms or by using other manners, in connection with (i) obtaining customer support or (ii) providing us with feedback, suggestions, improvements, enhancements and/or feature requests (collectively, “Feedback,” and together with any other information you provide to us, the “User Content”). You may not provide User Content that is illegal, libelous, offensive, harmful, obscene, pornographic, threatening, defamatory or invasive of privacy, including User Content that advocates, endorses, condones or promotes illegal activities, racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals. You also may not provide us with any User Content, including photos, videos, or files, that contain software or any other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party. In addition, you may not provide User Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address or impersonate any person or entity when providing us with User Content.  

You hereby grant Palm Ventures Group a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, exploit, adapt, publish, translate, create derivative works from, distribute, display and publicly perform your User Content  and any name or likeness provided in connection with your User Content throughout the world in any media, including, without limitation, for troubleshooting, marketing, product development and any other commercial or non-commercial purpose in our sole discretion, without payment or compensation to you of any kind. You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you provide, (ii)the User Content your provide is accurate, (iii) use of the User Content you supply does not violate the Terms or applicable laws, rules or regulations and will not cause injury to any person or entity, and (iv) the User Content you provide does not contain any private or personal information of a third party without such third party’s consent. You agree that any Feedback you provide to us is gratuitous, unsolicited, non-confidential and without restriction. You further acknowledge that, by acceptance of your submission of Feedback, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

Ownership

The Services and materials displayed, performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, videos, images, illustrations, and so forth (all of the foregoing, the “Services Content”) are owned by or licensed to Palm Ventures Group and are protected by copyright, trademark, patent and/or other intellectual property laws. Except as explicitly stated in these Terms, we reserve all rights in and title to the Services, the Services Content and the compilation, collection, arrangement, or assembly of all Services Content. Any code or software code that Palm Venture Group creates, generates or displays in the Services is also protected and you may not copy or adapt such code. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and Services Content for your own personal use. Such license is subject to these Terms and does not include any right to (i) sell, resell, or commercially use the Services or the Services Content, (ii) copy, reproduce, distribute, publicly perform, or publicly display the Services Content, except as expressly permitted by us or our licensors, (iii)modify the Services Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Services or the Services Content, or (iv) use the Services or the Services Content other than for their intended purposes. Any use of the Services or the Services Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.​

Third Party Services

Our Services may contain links or connections to third party websites, mobile applications or other online services (collectively, “Third Party Services”). When you access or use Third-Party Services, you accept that there are risks in doing so, and that we are not responsible for such risks, regardless of whether or not we have a relationship with the entity offering such Third-Party Services. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third-Party Service that you access or use. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, practices of or opinions expressed in any Third-Party Service or by any third party that you interact with through our Services. In addition, we will not and cannot monitor, verify, censor, or edit the content of any Third-Party Service. You acknowledge and agree that your interactions with such third parties are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions.​

Copyright Complaints 

We have a policy of limiting access to the Services for users who infringe the intellectual property rights of others. If you are a copyright owner or a direct agent thereof and believe that anything on the Services infringes any copyright that you own or control, you may submit a notification pursuant to the Digital Millennium Copyright Act by notifying our designated agent in writing as follows:

• Address: Palm Ventures Group, Inc., 461 2nd Street, #337, San Francisco, CA 94107, United States.
• E-Mail Address:  [e-mail]

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to Palm Ventures Group for certain costs and damages.

Warranty Disclaimer

THE SERVICES AND SERVICESCONTENT ARE PROVIDED BY PALM VENTURES GROUP(AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, AND PALM VENTURES GROUP, TO THE MAXIMUM EXTENT PERMITED BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL PALM VENTRES GROUP OR OUR AFFILIATES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS AND ASSIGNS, OR OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND OTHER REPRESENTATIVES (ALL OF THE FOREGOING COLLECITVELY REFERRED TO HEREIN AS THE “PVG PARTIES”) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR ANY INTERRUPTION OF BUSINESS) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PVG PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE PVG PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.​

Indemnity

 You agree to indemnify, defend (at our request), and hold the PVG Parties harmless from and against any and all claims, liabilities, damages, losses, and expenses, (including without limitation, actual, indirect, incidental, consequential, and special damages, such as damages for expenses or business interruption, property damage, attorneys’ fees, and loss of use, data, revenue, income, profits, or value of assets or securities) arising from or related to any third-party claims relating to: (i) your alleged or actual violation of these Terms, (ii) your use of the Services or Services Content, (iii) your User Content, (iv) your violation, misappropriation, or infringement of any right of another party, or (v) your violation of any applicable laws or regulations. ​

Term and Termination

These Terms will remain in full force and effect while you are a user of the Services. We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to suspending, disabling or terminating your access to and ability to use the Services and/or any other services provided to you by Palm Ventures Group, at any time for any or no reason and without any notice. We are not responsible for any loss or harm related to your inability to access or use the Services. Even after you are no longer using the Services, the provisions of these Terms will remain in effect. You may terminate these Terms as they apply to you at any time by ceasing all use of the Services. All sections which by their nature should survive expiration or termination of the applicability of these Terms shall continue in full force and effect subsequent to and notwithstanding such expiration or termination.

Access Outside the United States 

We make no claims that the Services may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. When you access the Services you acknowledge and agree that information you provide may be transferred to a jurisdiction other than your country of residence.

Governing Law

These Terms are governed by the internal substantive laws of the State of California. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within San Francisco, California.

Arbitration 

Except as set forth in this paragraph, you agree that any controversy or claim arising out of or relating to an alleged breach of these Terms or your use of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and the arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. Either you or Palm Ventures Group may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights of property for you or Palm Ventures Group pending the completion of arbitration. With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.​

Miscellaneous

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent. Failure to exercise a right does not constitute a waiver. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms will otherwise remain in full force and effect and enforceable. There are no third-party beneficiaries intended under these Terms. These Terms are the only agreement between the parties with respect to the subject matter herein; provided, however, that these Terms do not supersede any other agreements we may have with you with respect to different subject matter. Except for changes to the Terms by us (as described above), no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us. 

California Users

Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at [phone].

Contact Us

If you have any questions about these Terms, please email us at [e-mail] or write us at Palm Ventures Group, Inc., 461 2nd Street, #337, San Francisco, CA 94107, United States.