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:
- Your use of our sites.
- Any service, information or product offered thru paid
advertisement.
- The content, the quality, or the performance of content that
you submit to our sites.
- Your connection to our sites.
- 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.