Last updated: February 20, 2023
Access to and use of the Site is made available only to people who can form legally binding agreements under applicable law. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Palmperfect and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site.
- Use of the Site
You will not use the Site for junk mail, ‘spamming’ solicitations (commercial or non-commercial), chain letters or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, “Viruses”). We do not have an obligation to detect the presence of such Viruses. You may not use the Site in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Site. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Site. If you download software or any other content from the Site, you do so at your own risk.
We reserve the right to take any such action as we deem necessary in the event that we suspect any fraudulent or unlawful activity, including without limitation, suspending or terminating access to the Site.
- Copyright and Trademarks
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Site are registered and unregistered trademarks, trade names and service marks owned by Palmperfect. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by Palmperfect. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without Palmperfect’s written permission or the written permission of such third-party owner.
- User Communications
You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, infringing, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. We will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We act merely as a medium for distribution of User Communications and will have no liability related to the content of any such User Communications, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify Palmperfect of any objectionable User Communications. We may remove any or all User Communications.
We may suspend or terminate your use of the Site at any time, for any reason or for no reason. We may change, suspend, or discontinue all or any aspect of the Site at any time without notice.
- Palmperfect Product Descriptions
We attempt to describe our products as accurately as possible. However, we do not warrant that any product description or other content on the Site will be accurate, complete, reliable or error-free. We also strive to display the colors of products as accurately as possible, but the appearance of colors on the Site may be affected by the monitor on your computer, and accordingly we cannot guarantee that your monitor will accurately depict the actual colors of products.
This Site may contain links to other websites that are not owned, operated or controlled by Palmperfect or its affiliates (each a “Third-Party Site”). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Site. We are not responsible for your access to or use of any Third-Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third-Party Sites, or the results that you may obtain from using any Third-Party Site. If you access any Third-Party Site linked to or from the Site, you do so entirely at your own risk.
If you intend to create any link from another website to any page on this Site, you will inform us via email at: firstname.lastname@example.org. We may prohibit any such link at any time. Any permitted links to the Site must comply with all applicable laws, rules, regulations and orders and any applicable Palmperfect policies. Running or displaying the Site or any Content in frames or similar means on another website without our prior written permission is prohibited.
- Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK. THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PALMPERFECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND CONTENT, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
PALMPERFECT MAKES NO WARRANTY THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE, THE CONTENT OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE.
PALMPERFECT DOES NOT GUARANTEE OR WARRANT THAT THE SITE, THE SERVER OR ANY CONTENT WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION 9 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- Limitations of Liability
IN NO EVENT WILL PALMPERFECT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- Governing Law; Disputes; Arbitration; Class Action Waiver
YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST PALMPERFECT ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR CONSOLIDATED ACTION.
- Remedies for Breach of these Terms by You
If your ability to access and/or use the Site or any other service provided to you by Palmperfect is discontinued by us hereunder, then you agree that you shall not attempt to access the Site, any other service provided by Palmperfect, through use of a different name or otherwise.
- Use of the Site Outside of the United States
We make no representation that information available in connection with the services provided by Palmperfect is appropriate or available for use outside the United States. If you access the Site and our services from outside the United States you do so on your sole initiative and risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Copyright Complaints
We respect the intellectual property of others, and we expect users of the Site to do the same. Pursuant to Title 17 U.S.C. § 512(c), if you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you may notify our designated Copyright Agent at the following:
Beacon Wellness Brands, Inc.
85 Wells Ave. Suite 106
Newton, MA 02459
or, via email to: email@example.com
All claims of copyright infringement must be in writing and must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on our Site where the material that you claim is infringing your copyright interest is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Contact Us
We welcome your comments and questions. Please contact us at: firstname.lastname@example.org.