These terms and conditions (“Terms & Conditions”, “Terms”, “Agreement”) are an agreement between Palm & Vine (“Palm & Vine”, “Website”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the palmandvine.com website and any of its products or services (collectively, “Website” or “Services”). Before using this Website, please read all Terms & Conditions. You are confirming you have read these Terms & Conditions and agree to be bound by them by visiting and using this website. If you do not agree to these Terms & Conditions, please cease use of this Website immediately.
Use of Website
To access or use Website, you must be 18 years old or older and have the required mental capacity to enter into these Terms & Conditions. By using Website, you represent that you are at least 18 years old and agree to be bound by these Terms & Conditions. Any use of Website by anyone under the age of 18 years old is deemed an unauthorized use and a violation of these Terms & Conditions; we do not authorize use of this Website by anyone under 18.
Please note these Terms & Conditions are subject to changes or updates at any time and Website may not give notice that changes or updates have been made. We reserve our right to make updates and changes at any time, and the responsibility is the user’s to regularly check the Terms & Conditions for changes. By continuing to visit and use Website, you are agreeing to be bound by the Terms & Conditions as they appear, whether or not you have read them. Please do not use Website or any Website content if you are not in agreement with the Terms & Conditions.
Intellectual Property Rights
This Agreement does not transfer to you any intellectual property owned by Palm & Vine or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Palm & Vine. Materials including, but not limited to, all trademarks, service marks, graphics, photos, written works, blog posts, color schemes, artwork, branding, audio content, video content, visual content, and logos used in connection with our Website or Services, are trademarks or registered trademarks of Palm & Vine or Palm & Vine licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Palm & Vine or third-party trademarks.
You acknowledge and understand you will be in violation of intellectual property laws should you repost, alter, copy, sell, assist others in selling, distribute, or in any way exploit Website content and intellectual property without our express written consent. If you are found or suspected to be in violation of intellectual property laws, we reserve the right to revoke your access to Website and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Limitations of Use
Your license for use of and access to Website and any information or materials therein are subject to the following restrictions; you may not copy, distribute, republish, repost, display, broadcast, or transfer any information or material on Website in any form or by any means without the express written consent of Palm & Vine. Any unauthorized use of content on Website may constitute infringement and violate copyright laws, trademark laws, and intellectual property right laws.
Our Website may feature testimonials or comments from clients with the intention of providing readers with feedback and information from others’ experiences with our Website, products, and services. You understand that reading such testimonials and comments does not guarantee you the same results or information.
Links to Third-Party Websites
Palm & Vine may contain links to other websites operated, owned, and controlled by third parties (“third-party websites”). Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Palm & Vine is not responsible for the accuracy or accessibility of third-party websites. Links to third-party websites do not constitute endorsements or recommendations of the content, products or services on such sites. Palm & Vine is not responsible for the content of third-party websites nor do we make any assurances or recommendations, express or implied, regarding the content or accuracy of such content on third-party websites. Palm & Vine shall have no liability whatsoever for any misrepresentation of information and failure of products or services offered or advertised on such third-party websites or otherwise.
Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Palm & Vine will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
Regarding anything you choose to post on Website or our social media channels, you are hereby agreeing you will not post anything harmful, defamatory, or hurtful. You acknowledge that if you decide to take part in cyberbullying on Website or our social media channels, we will remove your comments immediately and reserve the right to take legal action against you to the full extent of applicable laws.
Use of Free Materials or Free Content
You may be offered a free printable or download, as a gift or opt-in offer in exchange for your email address and name. You understand that should you choose to download or print this material, this is for your own personal use and is not intended to be copied, distributed, sold commercially, or shared in any other way besides in its original form. Should you decide to share the material, you agree to give credit to Palm & Vine and will not claim the material as your own or attempt to make a personal gain financial or otherwise from said material.
Accuracy of Information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to written or visual content, product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups as soon as possible to minimize the impact and downtime.
During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranty
You agree that your use of our Website or Services is solely at your own risk. Neither Palm & Vine nor any of its affiliates or other partners guarantees the accuracy, reliability, completeness, or usefulness of any content on the Website or in any materials you received after deciding to opt-in to our mailing list. Palm & Vine disclaims liability for errors or exclusions in content. We may make changes to content on the Website or discontinue the Website at any time without prior notice to you and without liability to you.
You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Palm & Vine, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Palm & Vine has been advised as to the possibility of such damages or could have foreseen such damages.
You also understand and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via our membership site. By use of the Website, you agree and understand that use of content and information found herein is to be used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.
You agree to indemnify and hold Palm & Vine and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, expenses, costs (including reasonable attorneys’ fees) and any incidental, special, direct, indirect, or consequential damages resulting from your use of the Palm & Vine Website, materials, products, or services, or incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of your use of the Website or Services or any willful misconduct on your part.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Texas, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Texas, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and Amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to firstname.lastname@example.org
This document was last updated on April 2, 2020