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Terms of Use

Welcome to PalmValleyAutoSales.com. When using our PalmValleyAutoSales.com web site, you agree to all of the terms and conditions listed on this page (the "Terms of Use"). If you do not agree to these terms of use then do not use PalmValleyAutoSales.com web site.

General Terms of Use

You are permitted to use PalmValleyAutoSales.com web site for personal, non-commercial purposes only. By using  PalmValleyAutoSales.com Web site, you agree to be legally bound and to abide by the terms of use, just as if you had signed this Agreement.

If you do not comply with these terms of use at any time, PalmValleyAutoSales.com reserves the right to terminate your access to PalmValleyAutoSales.com Web site. PalmValleyAutoSales.com may discontinue or alter any aspect of the PalmValleyAutoSales.com Web site, including, but not limited to, (i) restricting the time PalmValleyAutoSales.com web site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the PalmValleyAutoSales.com web site, at PalmValleyAutoSales.com's sole discretion and without prior notice or liability.

Content and Materials

You acknowledge that PalmValleyAutoSales.com web site contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. All content is copyrighted as a collective work under the U.S. copyright laws, and PalmValleyAutoSales.com owns a copyright in the selection, coordination, arrangement and enhancement of such content.

PalmValleyAutoSales.com domain name and logo are trademarks of Total Security. All other trademarks appearing on PalmValleyAutoSales.com web site are trademarks of their respective owners. Total Security's partners may also have additional proprietary rights in the content that they make available through PalmValleyAutoSales.com web site. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other Web site or networked computer environment is strictly prohibited.

Submissions

If at our request you send content (e.g., postings, contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "submissions"), such submissions shall be deemed, and shall remain, the property of PalmValleyAutoSales.com. None of the submissions shall be subject to any obligation of confidence on the part of PalmValleyAutoSales.com, and PalmValleyAutoSales.com shall not be liable for any use or disclosure of any submissions. Without limitation of the foregoing, PalmValleyAutoSales.com shall exclusively own all now known or hereafter existing rights to the submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions.

Links and Search Results

PalmValleyAutoSales.com web site may provide, or third parties may provide, search results or other links to other World Wide Web sites or resources. Because PalmValleyAutoSales.com has no control over such sites and resources, you acknowledge and agree that PalmValleyAutoSales.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PalmValleyAutoSales.com shall not be responsible or liable, directly or indirectly, for any damage or Loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Termination and Modification

You agree that PalmValleyAutoSales.com shall not be liable to you or any third-party for any termination of your access to the PalmValleyAutoSales.com web site. We reserve the right, at our discretion, to change, add, or remove portions of these Terms of Use at any time. Please check back at this webpage periodically for changes. Your continued use of PalmValleyAutoSales.com following the posting of changes to these terms will mean you accept those changes.

Governing Law and other Miscellaneous Terms

Unless Expressly stated to the contrary elsewhere, all legal issues arising from or related to the use of the PalmValleyAutoSales.com Web site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of Texas applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms of Use or your use of the PalmValleyAutoSales.com web site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.

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 Westchester, Texas and judgment on the arbitration award may be Entered into in any state or federal court in Texas having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Texas having jurisdiction thereof. the state and federal courts of Texas shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms of Use.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and PalmValleyAutoSales.com relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. Terms of use will inure to the benefit of PalmValleyAutoSales.com's successors, assigns and licensees.

PalmValleyAutoSales.com's Privacy Policy

Our PalmValleyAutoSales.com Privacy Policy describes how we treat personal information Provided when you use the PalmValleyAutoSales.com web site. Please click here to see our full Privacy Policy.

Disclaimers

We disclaim any responsibility for the deletion, the failure to store, the lack of delivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our affiliates fee-based services for damages as a result of, any service outages that are caused by  maintenance on the servers or the technology that underlies our affiliate sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Limitation of Liability

You expressly understand and agree that PalmValleyAutoSales.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PalmValleyAutoSales.com has been advised of the possibility of such damages), resulting from: (I) the use or the inability to use PalmValleyAutoSales.com web site; (II) 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 PalmValleyAutoSales.com web site; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the PalmValleyAutoSales.com web site; or (V) any other matter relating to the PalmValleyAutoSales.com web site. In no event shall PalmValleyAutoSales.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, or accessing this site.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or Exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Indemnification

You hereby agree to indemnify, defend and hold Palm Valley Auto Sales Inc. and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Palm Valley Auto Sales Inc. Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Palm Valley Auto Sales Inc. Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

  1. Your use of our sites.
  2. Any service, information or product offered thru paid advertisement.
  3. The content, the quality, or the performance of content that you submit to our sites.
  4. Your connection to our sites.
  5. Your violation of these Terms or Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

 
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