TRANSPARENCY & DISCLOSURE
Acceptance and Use of the Site
These Transparency and Disclosure terms (the “Terms”) govern your access to and use of [www.palmsterling.com] and all related pages, forms, member areas, content, and communications (collectively, the “Site”), which are owned and operated by Palm Sterling LLC, a California limited liability company (“Palm Sterling,” “we,” “us,” or “our”). By accessing, browsing, or using the Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you are not authorized to access or use the Site and must discontinue use immediately.
Eligibility. The Site is intended for use by individuals who are at least 18 years of age and who are accessing the Site for legitimate business or informational purposes. If you use the Site on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” refers to both you and that entity.
Informational purposes only. All content on the Site, including descriptions of services, capabilities, operating practices, figures, and statements regarding Palm Sterling and its businesses, is provided for general informational purposes only. Nothing on the Site constitutes an offer, solicitation, commitment, guarantee, or contract to provide any service, nor does it constitute legal, financial, tax, engineering, or other professional advice. Any engagement of Palm Sterling or its businesses shall be governed exclusively by a separate written agreement executed by an authorized representative of Palm Sterling, and in the event of any conflict between that agreement and the Site, the written agreement shall control.
Licensed and contracted partners. Certain services referenced on the Site, including plumbing, electrical, heating, ventilation, air conditioning, and financial services, are sourced, arranged, or managed through independent licensed or contracted partners. Such partners are independent contractors and are solely responsible for holding all licenses, permits, insurance, and qualifications required by law for the work they perform. References to such services on the Site do not represent that Palm Sterling itself holds any license required to perform them.
Accuracy and changes. The Site may contain information that is incomplete, outdated, or subject to change, and service offerings, availability, and descriptions may vary by location, client, and agreement. Palm Sterling makes no representation that the information on the Site is accurate, complete, or current, and assumes no obligation to update it. You are solely responsible for independently verifying any information before relying on it. Palm Sterling may modify, suspend, or discontinue any part of the Site, and may revise these Terms, at any time and without prior notice. Revised Terms are effective upon posting, and your continued use of the Site constitutes acceptance of the revised Terms.
Acceptable use. You agree to use the Site only for lawful purposes and in accordance with these Terms. You shall not, and shall not attempt to: access or use the Site in violation of any applicable law or regulation; gain unauthorized access to the Site, its servers, or any connected system; introduce viruses, malicious code, or other harmful material; use any robot, scraper, or automated means to access, copy, or collect content or data from the Site; interfere with or disrupt the operation or security of the Site; impersonate any person or misrepresent your affiliation with any person or entity; or submit information that is false, misleading, defamatory, or infringing.
Accounts. If you register for a member area of the Site, you are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use. Palm Sterling may suspend or terminate any account or your access to the Site at any time, with or without cause or notice.
Submissions. Any information, inquiry, feedback, or material you submit through the Site (“Submissions”) will be handled in accordance with our Privacy Policy. Except for personal information protected under that Privacy Policy, you grant Palm Sterling a non-exclusive, royalty-free, perpetual, worldwide license to use any non-confidential Submissions, including feedback and suggestions, for any lawful business purpose, and you represent that you have the right to grant that license. Submitting an inquiry through the Site does not create a client, contractual, fiduciary, or confidential relationship.
Intellectual property. The Site and all of its content, including text, graphics, logos, names, marks, images, design, layout, and the selection and arrangement thereof, are the property of Palm Sterling or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. Palm Sterling grants you a limited, revocable, non-exclusive, non-transferable license to view the Site for your personal or internal business informational use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from the Site without the prior written permission of Palm Sterling. All rights not expressly granted are reserved.
Disclaimers and Limitation of Liability
Disclaimer of warranties. THE SITE AND ALL CONTENT, MATERIALS, AND INFORMATION MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, PALM STERLING AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “PALM STERLING PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE PALM STERLING PARTIES DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Use at your own risk. Your access to and use of the Site, and any reliance you place on its content, is entirely at your own discretion and risk. You are solely responsible for any damage to your computer system or device, any loss of data, and any decision or action you take based on information obtained through the Site.
Third-party content and links. The Site may contain links to, or content provided by, third parties. Palm Sterling does not control, endorse, or assume responsibility for any third-party website, content, product, or service, and your use of them is governed solely by the terms of those third parties and is at your own risk.
Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PALM STERLING PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE PALM STERLING PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PALM STERLING AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, WILLFUL INJURY, OR VIOLATION OF LAW AS PROVIDED IN CALIFORNIA CIVIL CODE SECTION 1668.
Indemnification. You agree to defend, indemnify, and hold harmless the Palm Sterling Parties from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your access to or use of the Site, your Submissions, your violation of these Terms, or your violation of any law or the rights of any third party. Palm Sterling reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with Palm Sterling in asserting any available defenses.
Governing Law and General Provisions
Governing law and venue. These Terms and any dispute arising out of or relating to them or to the Site shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. You agree that any action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in [County], California, and you irrevocably consent to the personal jurisdiction and venue of those courts. Any claim arising out of or relating to the Site must be commenced within one (1) year after the claim arises, to the extent permitted by law.
Electronic communications. By using the Site or communicating with Palm Sterling electronically, you consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.
No waiver. No failure or delay by Palm Sterling in exercising any right or remedy shall operate as a waiver of that right or remedy, and no single or partial exercise shall preclude any further exercise.
Assignment. You may not assign or transfer these Terms or any rights hereunder without the prior written consent of Palm Sterling. Palm Sterling may assign these Terms, in whole or in part, without restriction, including in connection with any merger, acquisition, reorganization, or sale of assets.
Entire agreement. These Terms, together with the Privacy Policy and any other notices posted on the Site, constitute the entire agreement between you and Palm Sterling regarding the Site and supersede all prior understandings regarding that subject matter. Headings are for convenience only and have no legal effect.
Notice to California residents. Under California Civil Code Section 1789.3, California users are entitled to the following notice: The Site is provided by Palm Sterling LLC. Access to the Site is provided free of charge. To resolve a complaint regarding the Site or to receive further information, you may contact us at the address above, or contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.