1. ACCEPTANCE OF TERMS
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation during the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PalmSprings.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PalmSprings.com cannot and will not be liable for any loss or damage arising from your failure to comply with this.
5. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.
6. MODIFICATIONS TO SERVICE
PalmSprings.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that PalmSprings.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
You agree that PalmSprings.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the service, and remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if PalmSprings.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. PalmSprings.com may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that PalmSprings.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that PalmSprings.com shall not be liable to you or any third-party for any termination of your access to the service.
AUTOPAY: TERMS AND CONDITIONS FOR CREDIT CARD / PRE-AUTHORIZED DEBIT
8. I hereby authorize PalmSprings.com to activate me for AutoPay. I understand that at any time I can deactivate AutoPay by accessing my member account and clicking on the AutoPay link and editing the AutoPay information therein. I understand that this charge is a recurring charge during the months that I have selected or will select in the future via the Web from PalmSprings.com. I authorize and instruct PalmSprings.com to charge the amount of my monthly PalmSprings.com invoice to my designated credit card/charge card or bank/checking account. The amount to be charged, set forth by the time packages I have selected, shall be sent by PalmSprings.com to the credit or check card company or bank, which I identify, on the due date listed on the invoice. I understand my payment amount may change. I understand that if my payment due date has expired, my account will be charged on the preceding business day. I understand and agree that PalmSprings.com is not liable in any way for incorrect charges to my account and/or credit card accounts, and that should an error in the bill occur, PalmSprings.com's sole responsibility is to correct it, when and if it receives written-email (Contact PalmSprings.com) notice of the error, with proper documentation, from me. I understand my financial institution and PalmSprings.com reserve the right, upon written notification to me, to terminate this payment option and/or my participation in AutoPay. My participation is subject to the approval of PalmSprings.com and of the participating financial institution. I am responsible for any charges imposed by my bank or credit card Company for exceeding my account limits or overdrawing my account.
9. In consideration of my use of PalmSprings.com, I agree to: (a) provide true, accurate, current and complete information about myself as prompted by the PalmSprings.com registration form and (b) maintain and promptly update the data to keep it true, accurate, current, and complete. If I provide any information that is untrue, inaccurate, not current, or incomplete, or if PalmSprings.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, PalmSprings.com retains the right to suspend or terminate my PalmSprings.com membership and refuse any and all current or future use of the Service (or any portion thereof). Providing and maintaining accurate and complete data is my responsibility. I am solely responsible for the information pertaining to my account and email address and should print or otherwise maintain the specific information of my PalmSprings.com membership in the event computer failure causes a loss of data on my part or on servers maintained by PalmSprings.com.
I will receive a password and account number during the registration process. I am responsible for maintaining the confidentiality of the password and account, and am fully responsible for all activities that occur under my password or account. I agree to (a) immediately notify PalmSprings.com of any unauthorized use of my password or account or any other breach of security, and (b) ensure that I exit from my account at the end of each session. PalmSprings.com is not liable for any loss or damage arising from my failure to comply.
If any breach of security, theft or loss of password, or unauthorized disclosure of password occurs, I must immediately notify PalmSprings.com of said security breach. I will remain liable for unauthorized use of Service until I notify PalmSprings.com of the security breach by email (Contact PalmSprings.com)
10. At any time, and for any reason, I may cancel my membership by using the "Delete Listing" link in my listing management section or contacting PalmSprings.com by email (Contact PalmSprings.com).
I understand that if at anytime I decide to cancel my membership that I will not be reimbursed for any outstanding time on my membership account.
I am liable for charges incurred by me until the date of cancellation of Membership/Service.
If I request cancellation or request a refund from my bank or card issuer due to unauthorized or fraudulent use, PalmSprings.com can at its discretion, to prevent further unauthorized use, block my account or card from use on PalmSprings.com.
11. Notices by PalmSprings.com to members may be given by means of electronic messages through the site, by a general email posting from the site, or by conventional mail.
QUESTIONS AND CONTACT INFORMATION
12.All questions to PalmSprings.com regarding these terms and conditions must be directed to:
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
11. I AGREE THAT MY ACCESS TO AND USE OF AUTOPAY, AND THE CONTENT AVAILABLE THROUGH PalmSprings.com, IS ON AN "AS-IS", "AS AVAILABLE" BASIS, AND PalmSprings.com SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PalmSprings.com AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS AND EMPLOYEES ("THE PalmSprings.com PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO ME OR ANY OTHER PERSON AS A RESULT OF MY ACCESS OR USE OF PalmSprings.com FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PalmSprings.com PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PalmSprings.com PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
PalmSprings.com AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AND EMPLOYEES ("THE PalmSprings.com PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO ME OR ANY OTHER PERSON AS A RESULT OF MY ACCESS OR AUTOPAY and PalmSprings.com FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PalmSprings.com PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PalmSprings.com PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. We suggest you print or save these terms for your records.