Effective Date: April 1, 2024

Effective Date: April 1, 2024

Terms of Use

Terms of Use

Terms of Use

Welcome to Palm. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: help@getpalm.com

Address: 2 Embarcadero Center, 8th Floor, San Francisco, CA 94111


These Terms of Use (the “Terms”) are a binding contract between you (“Member” or “you”) and PALMFINANCE, INC. (“Palm,” “we” and “us”).  Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms. 


Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.


ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will Palm ever change the Services?

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Will these Terms ever change?

These Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at getpalm.com, send you an email, and/or notify you by some other means. 


If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. 


Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Palm takes the privacy of its users very seriously. For the current Palm Privacy Policy, please click here.


Children’s Online Privacy Protection Act


The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at help@getpalm.com.

What are the basics of using Palm?

You may be required to sign up for an account, select a user name (“Member ID”), and provide us with certain information or data, such as your contact information (including phone number so that we can verify your identity with a one-time password (“OTP”)). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Member ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.


Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. 


You represent and warrant that you are an individual of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.


You will not share your Member ID, account or password with anyone, and you must protect the security of your Member ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Member ID and account.


You may be permitted or required to authorize an administrator of your account (“Administrator”). The Administrator may authorize additional users to access the Services through the same account (such users, “Authorized Users”). All Authorized Users will be required to accept the Terms before accessing Services through the Administrator's account. The Administrator is alone responsible for the Authorized Users' access to the Services. Any violation of the Terms by any Authorized User may result in the termination of an Administrator’s or other Authorized User’s access to the Services.  If you are an Administrator, you represent and warrant that you have obtained all necessary authorizations from each Authorized User to (i) act as their agent in using the Services on their behalf and you accept all liability arising from their use of the Services; and (ii) allow Palm to provide the Services.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that Palm sends you (for example, via email or SMS). To sign up for the Services, you will receive an OTP via SMS. If we send you any additional message, you will also receive a welcome message and instructions on how to stop receiving messages.


By signing up for the Services and providing us with your wireless number, you confirm that you want Palm to send you information that we think may be of interest to you, which may include Palm using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Palm, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Palm. You agree to indemnify and hold Palm harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content or Member Data (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:


  1. infringes or violates the intellectual property rights or any other rights of anyone else (including Palm);

  2. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Palm;

  3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

  4. jeopardizes the security of your Member ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);

  5. attempts, in any manner, to obtain the password, account, or other security information from any other user;

  6. violates the security of any computer network, or cracks any passwords or security encryption codes;

  7. runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

  8. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

  9. copies or stores any significant portion of the Content; or

  10. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.



A violation of any of the foregoing is grounds for termination of your right to use or access the Services. 

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, Member Data (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Palm's) rights.


Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Palm owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

What about anything I contribute to the Services – do I have to grant any licenses to Palm or to other users?

Member Data


Peace of mind & prosperity for small businesses everywhere is our North Star. The more data our AI systems are able to learn from, the more it can better help you grow and save. Anything (1) you affirmatively authorize Palm to access, obtain or view in any format, through the Services or otherwise (including any data or information made available to us through your use of or connection to Third Party Services); (2) upload, share, store, or otherwise provide through the Services; (3) that is publicly available about you (or the entity you represent); or (4) that can be accessed via a third party or system, like through a government agency or insurance carrier, about you through the combined use of information that is publicly available and any data or other information that you have provided to us is your “Member Data”. You are solely responsible for all Member Data you contribute to the Services. You represent that all Member Data submitted by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. To the extent you are providing us with any personally-identifiable information about your end users or customers, you represent and warrant that you have obtained all necessary authorizations from each individual to share such personally identifiable information with Palm and for Palm to use such information as stated herein and in accordance with our Privacy Policy].


You agree that you will not upload, share, store, or otherwise provide through the Services any Member Data that infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.) or that violates any law.


Licenses


In order for us to provide our products and services (including the Services), you grant us certain rights in your Member Data (see below for more information). 


You hereby grant Palm a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, aggregate, reproduce, distribute, and prepare derivative works of the Member Data in connection with this site, the Services and our (and our successors’ and assigns’) businesses, for the following purposes: (1) to provide you with and to market, develop, sell and make available Palm’s products and services, (2) to develop, train, test, improve and operate Palm’s products and services (including our artificial intelligence and/or machine learning models), (3) to use on your behalf in connection with Third Party Services, (4) to share in accordance with any sharing actions you take or settings you make on the Services, (5) to share with third parties who may use it to market and sell products and services, (6) in connection with your name and logo, to promote, market, or highlight the value of Palm’s products and services and identify you as a Member (which for the avoidance of doubt, is permitted to be in an identifiable way), and (7) to generate Aggregated Anonymous Data (as defined below), and freely use, exploit, retain and make available Aggregated Anonymous Data for any purposes. “Aggregated Anonymous Data” means Member Data but only in aggregate, anonymized form which cannot easily be linked specifically to you (or the entity you represent) or your end customers. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You agree to participate in press announcements, case studies or success stories or other forms reasonably requested by us about your Member experience, and you agree that Palm may use your name, logo and Member Data as described above. 


You understand and agree that Palm , in performing the required technical steps to provide the Services, may need to make changes to your Member Data to conform and adapt to the technical requirements of connection networks, devices, services, or media, and the foregoing license includes the rights to do so.


Please note that the foregoing license is subject to our Privacy Policy to the extent any Member Data is also your personally-identifiable information.

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.


You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.


When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Palm is not responsible for such risks.


In addition, you acknowledge and agree that the Services may connect or operate on, with or using application programming interfaces or may contain links or connections to third-party websites or services that are not owned or controlled by Palm (“Third Party Services”). Palm makes it easy for you to connect to your existing Third Party Services but Palm is not responsible for any actions you take with regard to such Third Party Services. All Third Party Services connected to the Services hereunder must be with providers where you have an existing account. You agree and acknowledge that your authorization to connect a Third Party Service to the Services hereunder constitutes your legally valid permission for Palm to access such information. You agree that your use of the Services (including without limitation, your provision of login credentials to any Third Party Services will at all times be in strict compliance with any agreements between you and such Third Party Service, and you represent and warrant that you have the right to use such Third Party Services and any use of such Third Party Services will not violate your agreement with such third party provider and you have all the rights required in order to grant us the rights provided herein. You are solely responsible for complying with any applicable terms or conditions of Third Party Services.


Palm is not responsible for the operation of any Third Party Services nor the availability or operation of the Services to the extent such availability and operation is dependent upon Third Party Services. Palm does not make any representations or warranties with respect to Third Party Services or any third party providers. In addition, any exchange of data or other interaction between you and a third party provider is solely between you and such third party provider and is governed by such third party’s terms and conditions.


Palm has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed by any Third Party Services. In addition, Palm will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any Third Party Services.


Should Palm be required to flow down any obligations for your use of any Third Party Services, the applicable terms will be accessible via this page.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Palm shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Palm is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Palm, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Do the Services cost anything?

The Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

What if I want to stop using the Services?

You’re free to do that at any time by contacting us at help@getpalm.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.


Palm is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Palm has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.


Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. 


If you have deleted your account by mistake, contact us immediately at help@getpalm.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.


Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

What else do I need to know?

Warranty Disclaimer. Palm and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Palm and all such parties together, the “Palm Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Palm Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Palm Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY PALM (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 


Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE PALM PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.


Indemnity. You agree to indemnify and hold the Palm Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).


Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Palm's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.


Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.


Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Palm and limits the manner in which you can seek relief from Palm. Both you and Palm acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Palm's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.


(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. 

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Palm will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Palm will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. 

(c) Small Claims Court; Infringement. Either you or Palm may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. 

(d) Waiver of Jury Trial. YOU AND PALM WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Palm are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Palm over whether to vacate or enforce an arbitration award, YOU AND PALM WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE MEMBEROR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER MEMBER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Palm is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below. 

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 2 Embarcadero Center, 8th Floor, San Francisco, CA 94111 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Palm to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Palm agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco County, California, or the federal district in which that county falls. 

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Palm.


Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Palm may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Palm agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Palm, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Palm, and you do not have any authority of any kind to bind Palm in any respect whatsoever. 

Except as expressly set forth in the section above regarding the arbitration agreement, you and Palm agree there are no third-party beneficiaries intended under these Terms.

© 2024 Palm Finance. All rights reserved

© 2024 Palm Finance. All rights reserved

© 2024 Palm Finance. All rights reserved