Palm - Support - Palm Services Terms & Conditions


			Support

Palm Online Support Services
Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY INDICATING YOUR ACCEPTANCE BELOW OR BY PARTICIPATING IN PALM ONLINE SUPPORT SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN THIS PROGRAM.

Palm Online Support Services ("Program") and the provision of online technical support services thereunder (as further defined below, the "Services") are governed by these Terms and Conditions ("Terms"), which constitute your contract with Palm, Inc. ("Palm"). The Program and provision of Services are subject to your compliance with these Terms. Palm reserves the right to discontinue the Program or refuse to provide the Services to anyone at any time without notice for any reason.

You represent and warrant that (a) you are at least 18 years old; (b) you have the right, capacity and authorization necessary to bind yourself legally to these Terms; (c) you will comply with all laws, rules, and regulations applicable to your participation in the Program, and (d) any information you provide in connection with the Program is accurate and complete, including any payment or credit card information.

1) The Services

a) Scope of Coverage. The Services consist of limited access to Web-based technical support for the initial set-up or troubleshooting of your Palm device.
b) Limitations. The Services do not cover issues generally addressed under the Limited End User Warranty accompanying the Palm device, nor does it cover any repair, replacement, maintenance, ongoing troubleshooting or other services for the device. The support representative will make reasonable efforts to address any questions you have about the set-up process or troubleshooting, but Palm cannot guarantee that every issue or question will be resolved to your satisfaction.

2) Authorization to Access your Computer

By your participation in the Program, you have authorized Palm and the third party suppliers and licensors who help provide the Services (collectively, the "Service Providers") to (a) connect to your computer and device, (b) download and use software on your computer and device, (c) access and take remote control of your computer and device, (d) gather system data from your computer and device, and (e) change the settings on your computer and device, all for the purpose of providing the Services. Other than as set forth below, you agree that Palm and the Service Providers shall have no liability whatsoever for any loss or harm that may arise in connection with any of the foregoing.

3) Data Backup

PALM AND THE SERVICE PROVIDERS DO NOT PROVIDE DATA BACKUP OR RESTORATION SERVICES IN CONNECTION WITH THE PROGRAM. AT ALL TIMES, YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT, PICTURES, FILES OR OTHER MATERIALS (COLLECTIVELY "CUSTOMER DATA") AND SOFTWARE STORED ON YOUR COMPUTER, DEVICE, OR ANY STORAGE MEDIA. YOU ACKNOWLEDGE AND AGREE THAT PALM AND THE SERVICE PROVIDERS WILL HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE, OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES.

4) Use of Software and Tools

Palm and the Service Providers may need to download and/or run software on your personal computer or device in order to provide the Services to you, including software that (a) provides computer system information to Palm or the Services Providers to assist in setting up your device or troubleshooting, (b) allows Palm or the Service Providers remotely to control your computer or device and modify settings or software, and/or (c) contains utilities and other tools to improve computer or device performance. You acknowledge and agree that use of all software and tools accessed, downloaded or otherwise provided or made available in connection with the Services (collectively "Software") are subject to the license agreements that may appear or be referenced when you access or download the Software, and that Palm or the Service Providers may subsequently remove or delete such Software upon completion of the Services. You may not access, download, or use any Software without agreeing to the terms of the applicable license agreements without modification. You may use the Software only in connection with the Services and for no other purpose.

5) TERMINATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PALM RESERVES THE RIGHT TO TERMINATE THIS PROGRAM AND/OR YOUR PARTICIPATION WITH OR WITHOUT CAUSE, AT ANY TIME. IF PALM CANCELS THIS PROGRAM AND/OR YOUR PARTICIPATION WITHOUT CAUSE, AS YOUR SOLE AND EXCLUSIVE REMEDY, YOU WILL RECEIVE A REFUND OF THE FEE YOU PAID IF THE SET-UP OR TROUBLESHOOTING FOR YOUR DEVICE WAS NOT COMPLETED. IF PALM CANCELS YOUR PARTICIPATION FOR CAUSE (FOR EXAMPLE, IN CONNECTION WITH YOUR BREACH OF THESE TERMS), NO REFUND WILL BE PROVIDED. PALM AND THE SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR TERMINATION OF THE SERVICES (IN COMPLIANCE WITH APPLICABLE LAW) FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT UPON TERMINATION, PALM AND THE SERVICE PROVIDERS MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICES.

6) LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PALM AND THE SERVICE PROVIDERS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING ANY PROGRAM OR DATA, OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, OR ANY LOSS OF BUSINESS, PROFITS, OR REVENUE RESULTING FROM PALM’S OR THE SERVICES PROVIDERS’ ACTIONS, INACTIONS, OR OBLIGATIONS UNDER THIS PROGRAM, INCLUDING ANY ADVICE GIVEN BY PALM OR THE SERVICE PROVIDERS TO YOU THROUGH YOUR USE OF THIS PROGRAM, EVEN IF PALM OR THE SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF PALM AND THE SERVICE PROVIDERS TO YOU AND ANY THIRD PARTY, ARISING UNDER THIS PROGRAM OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT PAID FOR THE SERVICES AT ISSUE.
PALM AND THE SERVICE PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THE PROGRAM AND/OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY ADVICE, CONTENT, AND SOFTWARE) PROVIDED IN CONNECTION THEREWITH, WHICH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PALM AND THE SERVICE PROVIDERS (A) EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THEY WILL BE ABLE TO PROVIDE REQUESTED SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, (B) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, AND (C) FURTHER DISCLAIM ANY WARRANTY AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, AND TIMELINESS OF THE SERVICES AND ANY WARRANTY THAT THE SERVICES CAN BE PROVIDED WITHOUT A POTENTIAL LOSS OF PROGRAMS OR DATA OR MAINTAIN THE CONFIDENTIALITY OF INFORMATION CONTAINED ON YOUR COMPUTER, DEVICE, OR STORAGE MEDIA. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.

7) INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PALM AND THE SERVICE PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THESE TERMS.

8) Notices; Electronic Communications

The information communicated while registering for the Program constitutes an electronic communication. When you communicate with us through this website or other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us. Notices and communications to Palm must be sent to the address below.

9) Applicable Law; Dispute Resolution; Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the state of California without regard to conflicts of laws principles to the extent such principles would result in the application of another state’s laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Palm or relating in any way to your use of the Services or Participation in the Program will be subject to the federal, state and local courts for Santa Clara County, California. By participating in this Program, you hereby agree that, to the fullest extent permitted by law, any disputes shall be resolved individually, without resort to any form of class action. You agree that, notwithstanding any statute of limitations or other law which provides otherwise, any claim or cause of action arising out of or relating to the Services, these Terms or the Program must be filed within one (1) year after such claim or action arose or be forever barred. These Terms operate to the fullest extent permissible by law.

10) Miscellaneous

a) Palm may subcontract or assign performance of its obligations under this Program to third parties, subject to applicable law. The Services offered under the Program are non-transferable, and may only be claimed by you.
b) Palm is not responsible for any failures or delays in performing its Services under the Program that are due to events outside its reasonable control.
c) This Program is offered and valid only in the fifty (50) states of the United States of America and the District of Columbia. This Program is not available where prohibited by law. You agree to comply with all applicable laws and regulations. You represent and warrant that you are not on the United States prohibited party list and not located in or a national resident of any country on the United States prohibited country list.
d) In carrying out its obligations under this Program, Palm may choose to monitor the quality of its responses by recording part or all of the calls or other communications between you and Palm.
e) You agree that any information disclosed to Palm under this Program is not confidential or proprietary to you. You further agree that Palm may collect and process data on your behalf when it provides Services to you under this Program. This may include sharing your data with affiliated companies or service providers in countries where data protection laws may be less comprehensive than your country of residence.
f) Palm has security measures in place to protect your data against unauthorized access, disclosure or destruction. While we use reasonable security measures to deliver the Services, you agree that no data transmission over the Internet can be guaranteed to be completely secure and, in any event, Palm cannot guarantee that any personal information that you submit in connection with the Services will be free from unauthorized intrusion.
g) The Terms of this Program prevail over any conflicting, additional, or other terms regarding this Program or Palm’s Services and constitute your and Palm’s complete understanding with respect to the Program.
h) Palm reserves the right to change these Terms at any time for any reason.
i) The headings contained herein are for your convenience and reference only. These headings do not limit or affect these Terms.
j) If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Palm, Inc.
950 W. Maude Ave.
Sunnyvale, CA 94085
(408) 617-7000