IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY PalmPons SERVICE OFFERED THROUGH THE SITE
Your privacy is very important to us. We do not share your information outside our company, and we do not sell your contact information.
Individual subscriber information is not shared with the public, or with merchants who use our site services. Merchant profiles are available to the public for promotional exposure.
Membership with our website constitutes your agreement to receive some types of notifications from us, which are essential to your ability to use our website effectively.
Our company will not send you spam, or subscribe you to a list for others to send you spam. We will not collect sensitive information from you without your consent.
The Site provides an interactive online service operated by PalmPons, consisting primarily of promotion and marketing services on behalf of certain merchants (“Merchants”) making offers for Merchant goods and services (“offers”) available to its users. As a condition of your use of this Site, you agree that:
You are an individual person at least 18 years of age;
You possess the authority to create a binding legal obligation;
Your use of this Site will at all times comply with the terms of this Agreement;
If you select to create an account:
You may create only one account for your personal use, and one account for business use;
You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access the account
You have the right to provide any and all information you submit to the Site, the information is only about yourself or a company from which you possess authorization to provide such
information, and all such information is accurate, true, current and complete.
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. PalmPons retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
The content and information on this Site as well as the software used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works form, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site, except as stipulated. Merchants with an account on our site are granting us the right to use their logos within the site in the process of providing services for the Merchant. Copyright holders to images or other content posted by third parties to our site retain their copyrights to such content, and our ownership of the site does not compromise such copyrights.
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we are not responsible for the security of information that you choose to communicate with PalmPons and the Site while it is being transmitted. In addition, PalmPons is not responsible for any data lost during transmission.
Promotion of or display of any content, image, link, or business which engages in activities which are illegal, or which include pornography, sex related products, or “adult” themed products or services are strictly prohibited (users are invited to report to us, any content on our site which violates this provision, and merchants or users who violate this rule more than twice will be banned from using the site);
Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your PalmPons account or in order to create multiple PalmPons accounts; Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization; Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by PalmPons;
Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with PalmPons; Reselling or repurposing your access to the Site;
Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of PalmPons to become users or partners of other online or offline services directly or indirectly
Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission, except as provided for by Site features;
Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site; Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission, except as provided for by Site features.
Acting illegally or maliciously against the business interests or reputation of PalmPons, our Merchants or our services.
Consumers who create an account on our Site may only create and hold one account that they, themselves, are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person.
Merchants may create an account, and use site features to allow appointed representatives to manage specific account functions, but are still limited to a single account per business.
If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits. If we terminate your account, you may not re-enroll or join under a new account unless we approve your request to do so. If you commit fraud or falsify information in connection with your use of the Site or in connection with your PalmPons account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
Offers are presented by merchants, and merchants are responsible to honor those offers. If offers are presented dishonestly, or deceptively, please report them to PalmPons. The Merchant is solely responsible for honoring the offer. The Merchant is the issuer of the offer and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs ("Liabilities") it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an offer or not. You waive and release PalmPons and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of an offer or the services/goods it provides in connection with it.
We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services
Everything located on or in this Site is the exclusive property of PalmPons or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, OR OTHERWISE MODIFYING OF THIS SITE OR OUR APP WITHOUT THE EXPRESS WRITTEN PERMISSION OF PalmPons IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This Site and App contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. PalmPons owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. 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. You may download, print, and/or save copy righted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of PalmPons or the copyright owner is permitted. If copying, redistribution or publication of cop righted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
PalmPons is a trademark of PalmPons, LLC. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with PalmPons shall not be deemed to be in the public domain but rather the exclusive property of PalmPons, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of PalmPons unless otherwise stated.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. PalmPons does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted PalmPons the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant PalmPons the right to edit, copy, publish and distribute any material that you make available on this Site.
PalmPons reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.
If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide PalmPons with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
We accept unsolicited information WITHOUT COMPENSATION OR ACKNOWLEDGMENT, including without limitation, ideas or suggestions relating to new or improved services, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
PalmPons has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and PalmPons will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER PalmPons, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD- PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEESOR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW)AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. PalmPons HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
PalmPons in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively "Communities"). PalmPons shall have the right, but not the obligation, to monitor the content with in the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by PalmPons, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, PalmPons shall have the right, but not the obligation, to remove any material from the Communities that PalmPons, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, "Statements"), are those of the respective author(s) or distributor(s) and not of PalmPons.
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
You understand and agree that all posts within forums, comment areas, and reviews are public and not private. Any other person (whether or not a user of PalmPons's services) may read your posts without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your posts. PalmPons does not control or endorse any post found in any part of the Communities, and we specifically disclaim any liability concerning the posts and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all posts you submit to our Site are not confidential.
By posting statements or other information on or through the Communities, you grant PalmPons a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the posts alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any posts or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
You agree to defend, indemnify and hold harmless PalmPons, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release PalmPons from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a PalmPons, and any conduct or speech, whether online or offline, of any other user.
No waiver by either you or PalmPons of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.