PLEASE READ THESE TERMS CAREFULLY BEFORE SUBMITTING YOUR ORDER FOR ANY SERVICE OR USING THE PAL SERVICE. Each time you use the PAL website or a mobile application (a “PAL Digital Property”) you acknowledge, accept and agree to be bound by the terms and conditions (“Terms”) below, which constitute a legal agreement (referred to as “this Agreement”) between you and Prevent A Lemon, a California corporation (“PAL” or “us”). These Terms will apply to and govern and are incorporated by reference into orders you submit for Service(s), for which PAL books an appointment. If you do not agree to these Terms, you may not access or use the PAL Service. The words “Service(s)”, and “PAL Service” are defined below. Our Digital Millennium Copyright Act policy statement is set out at the end of these Terms.
By using the PAL Service to order Service(s), you acknowledge that:
(b) you acknowledge you are at least 18 years of age; and
(c) YOU ACKNOWLEDGE THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE PAL SERVICE.
We may modify theses Terms from time to time. Amendments will be effective upon posting of such updated Terms at this location so you should review these Terms regularly as your continued access or use of PAL Services after such posting constitutes your consent to be bound by these Terms, as amended.
2. PAL Services, Your Orders for Service, Rates and Payment Terms
2.1 PAL Services consists of a technology platform that enables users of PAL's websites or mobile applications to access a network of independent third party contractors who provide pre-purchase vehicle inspections (“PAL Inspection”) for vehicles you are interested in purchasing; and to order, arrange and schedule a PAL Inspection by one of these third party contractors (hereafter referred to as a PAL Expert™). PAL Inspection is sometimes referred to herein as a “Service”.
You agree not to make any payment or other arrangements with PAL Experts who perform the work that are different from the payment method just described.
Charges incurred for any Services by you are final and non-refundable. Charges may include any applicable federal, state and local taxes.
2.3 You will be charged for a PAL Inspection completed, whether or not you decide to purchase the vehicle. A test drive of the vehicle you are interested in will occur if the seller agrees to permit a test drive and safety is not a concern. If a test drive is not permitted by the seller, or if road or weather or other hazardous conditions exist, including safety of the vehicle itself, and a test drive cannot be conducted, or if one of the other situations mentioned in Section 3.3 below occur, you will still be liable for payment for the service ordered.
2.4 You agree to treat PAL Experts courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to enable them to complete the Service requested.
2.5 PAL reserves the right, at any given time, to amend the reservation details, including swapping PAL Experts to conduct the inspection, changing the inspection day, changing the inspection time, changing the special instructions provided at checkout, and any other data relevant to the upcoming inspection. You will be notified via email if an inspection is altered.
2.6 We may share vehicle details, seller location generally, results of inspection and similar facts, but not in a way that would be associated with any of your personal information.
3. Cancelation or Other Circumstances
3.1 Policy for Service Cancellation or Revision by You. You may cancel scheduled services at any time, subject to the following. If you cancel more than 12 hours before a scheduled appointment, there is a $10 processing fee. If you cancel within 12 hours of the scheduled start time for the scheduled service, you will be charged a $50 cancellation fee. If you cancel within 3 hours of the scheduled start time for the scheduled service, you will be charged a $100 cancellation fee. If you cancel within 1 hour of the scheduled start time for the scheduled service, you will be charged the full amount of $149 for the PAL Service. If the PAL Expert arrives for the scheduled appointment, but the seller is not present, or does not provide the vehicle for inspection, or if the vehicle is at a different location, therefore making it impossible for the PAL Expert to inspect the vehicle at the scheduled location, you will be charged the full amount of $149 for the PAL Service. YOU HEREBY AGREE TO HOLD PAL HARMLESS FROM ANY LOSSES YOU MAY INCUR WHICH RESULT FROM THE CANCELLATION OF A SERVICE.
3.2 Policy for Service cancellation or Revision by PAL. If, as mentioned in section 2.5, PAL makes a change(s) to the original reservation details, you have up to 60 minutes from when PAL notified you of the change(s), as measured from the time stamp of the email PAL sends you, to notify PAL that you are not in agreement with the change(s). Provided you communicate that to PAL within 60 minutes of PAL sending you notice of the change(s), you can ask PAL to cancel the reservation, and no cancellation fees will apply. If you do not so notify PAL within that 60 minute time frame, then you will be subject to the cancellation policy outlined in section 3.1. YOU HEREBY AGREE TO HOLD PAL HARMLESS FROM ANY LOSSES YOU MAY INCUR WHICH RESULT FROM THE CANCELLATION OF A SERVICE BY PAL.
3.3 Policy for Service cancellation by PAL Expert. When a PAL Expert cancels a scheduled appointment, PAL will endeavor to notify you and make your Service request available with another PAL Expert for an appointment at the same day and time slot. However, we cannot guarantee that a canceled appointment will be selected by another PAL Expert and rescheduled. If no other PAL Expert accepts the appointment for Service, you will not be charged. YOU HEREBY AGREE TO HOLD PAL HARMLESS FROM ANY LOSSES YOU MAY INCUR WHICH RESULT FROM THE CANCELLATION OF A SERVICE BY A PAL EXPERT OR REFUSAL OF A PAL EXPERT TO COMPLETE A SERVICE.
3.4 Other Situations. There may be instances where, after a PAL Expert has arrived at the inspection location, circumstances are such that the PAL Expert is unable to inspect certain things which would ordinarily be included in the 170 point inspection, or the PAL Expert is not able to successfully complete a PAL Inspection, for reasons including, but not limited to, that the PAL Expert does not have access or the seller’s permission to inspect the vehicle you are interested in purchasing, or the location you provided is not fit for automotive inspection services, or that the information you provided with respect to the vehicle intended for inspection is inaccurate or incomplete, or that the condition of the vehicle prevents one or more of the tasks involved in the inspection from being conducted or completed. In such situations, you will still be charged for the PAL Inspection as if it had been completed. Please refer to our FAQs for Customers to learn more about why it may not be possible to complete in full a PAL Inspection It is your responsibility to verify with the seller in ample time before the appointment time that the seller will permit an inspection by a third party- namely a PAL Expert.
YOU HEREBY AGREE TO HOLD PAL HARMLESS FROM ANY LOSSES YOU MAY INCUR WHICH RESULT FROM THE CANCELLATION OF A SERVICE BY A PAL EXPERT OR REFUSAL OF A PAL EXPERT TO COMPLETE A SERVICE.
4. Your Use of PAL Services and Your Responsibilities.
Rules related to your responsibilities in respect to your User Account, network access and devices and provisions relating to communications between you and PAL, are set out in Conditions of Use of PAL Digital Properties, set are out in section 9 below.
5. Disclaimers and Allocation of Risk
5.1 Although you are purchasing the Service(s) from PAL, you acknowledge that PAL does not itself perform vehicle inspection, but rather provides you with such services by using mechanics who are independent third party contractors (PAL Experts), who are not an employee, joint venturer, partner, agent, or franchisee of PAL. PAL requires the PAL Expert to conduct a PAL Inspection in keeping with the description on our website at PAL Program, except where circumstances of the type described in Section 3.3 above arise. Except for requiring the PAL Expert to conduct (where possible) a PAL Inspection in keeping with the said description on our website you acknowledge that PAL does not, in any other manner, supervise, direct, or control the work performed by a PAL Expert when providing a Service. You acknowledge having read and understood the description of the PAL Program on our website. Please refer to our FAQs for information on some work items that are not a part of the PAL Inspection (such as use of hoists and emission testing).
To assist you in deciding whether to purchase the vehicle being inspected, the PAL Expert uses a software tool to determine an estimated cost to repair most issues discovered during a PAL Inspection. This tool yields an estimated cost for parts and time and labor to repair a particular issue, but rendering an estimate does not guarantee the availability of the part, nor the availability of a mechanic to repair the problem. Furthermore, due to variances in time to repair and a mechanic’s capability, as well as availability of parts, the estimate is in no way a guarantee that the estimated cost will be equal to or less than the actual cost to repair, nor are such estimates intended to be quotations or offers to repair any issues detected. The estimate is to be used only as a rough approximation in order to assess the value of the vehicle.
PAL Experts have represented to PAL that they have the required skills to provide the Services you request and the agreement between PAL and each PAL Expert gives you rights as a third party beneficiary of certain provisions in that agreement, which relate to performance of the services by the PAL Expert. THEREFORE, YOU HEREBY RELEASE PAL AND HOLD PAL, ITS SHAREHOLDERS, DIRECTORS, MANAGERS, EMPLOYEES AND AFFILIATES HARMLESS FROM ANY CLAIM FOR DAMAGES BASED ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ( INCLUDING BUT NOT LIMITED TO ANY CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OTHER PERSONS, ARISING FROM USE OF THE INSPECTED VEHICLE OR ANY EXPENSES OR REPAIRS REQUIRED TO THE INSPECTED VEHICLE, OR ANY LOSSES IN RELATION TO YOUR PURCHASE OF THE INSPECTED VEHICLE, SHOULD YOU PURCHASE IT, WHERE SUCH CLAIM ARISES FROM, OR RELATES TO SERVICES PERFORMED BY PAL EXPERTS, INCLUDING BUT NOT LIMITED TO THE ACT, ERROR OR OMISSION, ADVICE OR INSTRUCTION, NEGLIGENCE OR CONDUCT OF A PAL EXPERT, ANY DISPUTE WITH A PAL EXPERT; THE QUALITY OR FITNESS OF ANY THIRD PARTY SERVICES PERFORMED; OR YOUR USE OR RELIANCE UPON THE PAL EXPERT’S SERVICES AND REPORT, INCLUDING THE AMOUNT OF ESTIMATES GIVEN TO REPAIR ISSUES OR PROBLEMS DETECTED DURING THE PAL INSPECTION.
5.2 PAL makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services ordered, or the quality, suitability, safety or ability of PAL Experts. PAL does not authenticate a vehicle’s origin. PAL does not determine if a vehicle is emission compliant nor provide advice as to whether a vehicle will perform properly. Furthermore, PAL does not determine, nor will be held liable to determining, if a vehicle’s emission meets local and state specific emission standards, including standards set by the California Air and Resources Board for California, New York and Maine. The PAL Inspection consists of a visual inspection of reasonably accessible items, and some problems may not be detectable during the inspection. The results of a PAL Inspection are not a substitute for a safety inspection required under some state legislation. You acknowledge and agree that between the time the PAL Inspection is conducted and the actual purchase of the vehicle, problems can develop which were not detectable on the PAL Inspection. Such problems may also develop soon after the purchase. Neither PAL nor the PAL Expert is responsible for any losses incurred by problems which develop post-inspection that might have been detectable if such problems had existed at the time of the inspection. We recommend having the inspection completed as close in time to the proposed purchase as possible.
THE RESULTS OF A PAL INSPECTION ARE IN NO WAY TO BE UNDERSTOOD, INTERPRETED OR CONSTRUED AS A WARRANTY OF THE VEHICLE’S CONDITION OR ROAD-WORTHINESS.
5.3 Although we may perform background checks of PAL Experts, we cannot confirm that each is who they claim to be and therefore, PAL does not assume any responsibility for the accuracy or reliability of identity or background check information or any information about PAL Experts provided through the PAL Service. YOU ARE ADVISED TO EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER CONTRACTORS WHOM YOU DON’T KNOW.
6.0 Limitation of PAL’s Liability
6.1 PAL IS NOT LIABLE TO YOU OR ANYONE CLAIMING THROUGH YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT RELATE TO ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR PURCHASE OF A SERVICE, OR FROM INABILITY TO USE THE PAL PLATFORM OR PAL SERVICE; OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PAL'S REASONABLE CONTROL. PAL’S SOLE AND ENTIRE MAXIMUM LIABILITY TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY WITH PAL, FOR ANY CAUSE WHATSOEVER, IS EXPRESSLY LIMITED TO THE AMOUNT OF THE FEE PAID BY YOU FOR THE SERVICE ORDERED.
6.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT PAL IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT INVOICED FOR THIRD PARTY SERVICES.
California Waiver. If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
In addition to any obligation to indemnify set out elsewhere in these Terms, you hereby agree to indemnify, defend, and hold harmless PAL, its shareholders, directors, officers or employees from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your misuse of or inability to use the PAL Platform, and/or the PAL Services, (ii) your breach of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another person (including but not limited to a PAL Expert), and (v) your Information and content that you submit or transmit through the PAL Service platform. PAL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of PAL.
8. Dispute Resolution – Arbitration
PAL is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with PAL Experts or any services provided. Please contact [email protected] to provide full details of any dispute. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration as set forth below. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the PAL Service (collectively, "Disputes") will be settled by binding arbitration between you and PAL in accordance with the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules. Subject to any valid requirements of any applicable statute, any such arbitration shall be held in Los Angeles, California, YOU ACKNOWLEDGE AND AGREE THAT YOU AND PAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and PAL otherwise agree in writing, the arbitrator may not consolidate more than one person's claims (e.g., one individual’s claims, one entity’s claims), and may not otherwise preside over any form of any class or representative proceeding. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. The award rendered by the arbitrator shall be final and binding, and judgment may be entered upon it at any court having jurisdiction. The arbitrator shall have the authority to award temporary, preliminary and permanent injunctive and equitable relief in the arbitration. Any arbitration hereunder will be confidential.
Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate PAL’s intellectual property rights, PAL may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
9. Conditions of Use of Digital Properties
9.1 General. If you do not agree to the conditions set out in this section 9 (“Conditions”), do not use any PAL Digital Property. If you breach any of these Conditions, your authorization to use the PAL Digital Property terminates. You may not use any PAL Digital Property if you are under the age of 18. If you are between the ages of 13 and 18, you may use the PAL Digital Properties only with involvement of a parent or guardian. You may use the PAL Digital Properties only for lawful purposes, and your use is subject to all other provisions set out in these Conditions.
9.3 License. Subject to your compliance with these Conditions, PAL grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use PAL Digital Properties in connection with your use of the PAL Services; and (ii) access any content and use any information and related materials that may be made available through the PAL Services, or PAL Digital Properties, subject to these Conditions. Any rights not expressly granted herein are reserved by PAL.
9.4 Information on Our Site. We try to be as accurate as possible. However, we do not warrant that product or service descriptions or content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change. We cannot confirm the availability of a PAL Expert ™ until we process your order. Sometimes a service may not be available for a variety of reasons beyond PAL’s control, even after your order is placed. Not all services offered on a PAL Digital Property will be available in all regions or markets.
9.5 Proprietary Rights. All content included on or comprising the PAL Digital Properties, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and PAL owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark and other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The PAL logos and trademarks are the property of PAL, and other trademarks on the PAL Digital Properties are the property of their respective owners, and are owned by, licensed to, or, where required, used with permission by PAL and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
9.6 Reviews, Comments, Communications, and Other Content. We may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to PAL through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Any User Content provided by you remains your property. However, by providing User Content to PAL, you agree we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and/or services incorporating any User Content, all on a perpetual, irrevocable, worldwide and royalty free basis. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant PAL the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor PAL's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Without limiting the foregoing, but in addition thereto, you also hereby grant PAL a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media. You also grant us the right to use the name you use when you submit content to us, in connection with that content.
When you submit User Content to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, pornographic, threatening, or harassing, or otherwise objectionable.
You agree not to post User Content that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; may create a risk of any other loss or damage to any person or property; may constitute or contribute to a crime or tort; or that contains any information or content that you know is not correct and current.
9.7 Complaints of Copyright Infringement. PAL respects the intellectual property of others, and will respond to properly submitted notices of alleged copyright infringement that comply with applicable law, including investigating and taking appropriate action or countermeasures.
9.9 Security. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. We are not responsible for any activities that occur under your account and password. You further agree that you will be responsible for all activity taken under your password and/or account.
You may not violate or attempt to violate the security of the PAL Digital Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any PAL Digital Property for unintended purposes or trying to change the behavior of any PAL Digital Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any PAL Digital Property, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of PAL (impersonating PAL) or to any PAL Digital Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of PAL, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Conditions of Use. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any PAL Digital Property or any activity being conducted on any PAL Digital Property. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any PAL Digital Property other than the search engine and search agents we provide and generally publicly available browsers.
9.10 User Accounts. In order to use most aspects of PAL Services, you must register for an active user account and ensure your account contains accurate and up to date information about yourself. Account registration requires you to submit certain personal information, such as your name, email address, address, and/or mobile phone number, and/or at least one valid payment method (e.g., a credit card). You agree to maintain accurate, complete, and up-to-date information in your account. Should you fail to do so, it will result in your inability to access and use PAL Services or constitute ground for termination of this Agreement by PAL. Your account may not be used by another person or another company for any PAL Service.
You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times. We are not liable for any loss that you may suffer through the use of your password by others.
You shall notify us immediately of any unauthorized use of your account.
9.11 Communications between you and PAL. You expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. Messages may also be sent to your number by a PAL Expert in connection with the providing of a Service.
We may send you confirmation and other transactional emails regarding the Services provided by the PAL Expert. We may also send you emails about other goods or services that we think might interest you. You can unsubscribe from promotional emails at any time by clicking unsubscribe in our email communications or contacting us via email to [email protected].
9.12 Network Access and Devices. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the PAL Service, our website and applications and any updates thereto. We do not guarantee that the PAL Services, or any portion thereof, will function on any particular hardware or devices. In addition, the PAL Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications, and we accept no responsibility whatsoever for any damages resulting from such failures.
9.13 Termination by PAL. We may terminate or suspend your right to use the PAL Services at any time without reason, or with reason (including, without limitation, in the event that we believe that you have failed to make payment for the Service(s), or if we find that you have engaged in inappropriate and/or offensive behavior, or if you have violated any of the Conditions herein) by providing you with verbal, written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, PAL may delete the account and all the information in it. You have no ownership rights to your account.
9.14 DISCLAIMERS AND LIMITATION OF LIABILITY. THE FOLLOWING ARE IN ADDITION TO AND IN NO WAY AMEND OR OTHERWISE AFFECT DISCLAIMERS AND LIMITATIONS OF LIABILITY SET OUT IN OTHER SECTIONS OF THESE TERMS
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY PAL ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
WE SPECIFICALLY DISCLAIM ANY WARRANTY THAT THE PAL DIGITAL PROPERTIES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE PAL DIGITAL PROPERTY WILL BE CORRECTED OR THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY CAUSED BY PRODUCTS, OR FOR PAL'S GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD.
10. Other Provisions
General. PAL may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of PAL's equity, business or assets; or (iii) a successor of PAL by merger. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PAL in writing.
Governing Law. This Agreement will be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.
Notice. PAL may give notice by means of a general notice on the PAL Website or PAL platform, electronic mail to your email address in your account, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to PAL under this Agreement by contacting Company at [email protected]. Such notice shall be deemed to have been given upon the expiration 12 hours after sending.
Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions hereof.
Force Majeure. Any delay in the availability of the PAL Service or the performance of any Service will not be considered a breach of this Agreement if such delay is caused by a fire, earthquake, flood, war, terrorist act, governmental act, failure of common carriers (including Internet service providers), act of God, or any other event beyond the control of PAL or a PAL Expert.
Entire Agreement. These Terms, including those documents incorporated by reference into and deemed a part of this Agreement, are the final and integrated agreement between you and us on all matters referred to or contained in this Agreement.
Please contact us with any questions regarding this Agreement by emailing us at [email protected].
DIGITAL MILLENNIUM COPYRIGHT ACT POLICY
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via Prevent A Lemon’s website or app (“PAL Service”), please notify Prevent A Lemon’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Description of the copyrighted work that you claim has been infringed; including the URL where this infringing content is available or a copy of it
- Identification of the material that is claimed to be infringing and where it is located on the PAL Service;
- Information needed in order for Prevent A Lemon to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted by email to [email protected].
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Prevent A Lemon that your copyrighted material has been infringed. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.