Terms and Conditions
- License Grant
- Use Restrictions
- Pricing Information
- Third Party Websites
- Delays in Services
- Warranty Disclaimer
- Limitation of Liability
- No Conflicting Terms
- Attorney's Fees
- Governing Law; Limitations; Venue
- U.S. Government Restricted Rights
- Copyright, Patent and Trademark Notice
- Notice and Procedure for Copyright Infringement Claim
- Entire Agreement
Welcome to our Web site at http://www.palmharbor.com (the"Web Site"). This Web Site is provided by Palm Harbor Homes, Inc. ("Palm Harbor Homes"), a corporation organized and existing under the laws of the State of Florida, and may be used for informational purposes only. Please review carefully the online terms and conditions (the "Agreement") that govern your use of the Web Site. Please note that by accessing, using, or downloading materials from this Web Site, you agree to be bound by these terms and conditions just as if you had signed this Agreement. If you do not agree to be bound by this Agreement, do not use this Web Site.
This Web site contains information, including without limitation all text, graphics, photographs, graphs, sounds, data, images, animation, music, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, and the arrangement and compilation of this information (collectively, the "Information") that is either owned or licensed by Palm Harbor Homes. Your use of this Web Site and access to the Information is expressly conditioned upon your agreement that all access and use will be governed by all of the terms and conditions in this Agreement, in their current form, or as modified. Palm Harbor Homes may amend or change these terms and conditions, at any time, without notice to you. Therefore, you must consult the most recent version of these Terms and Conditions (and not an older cached version) each time you visit the Web Site.
License Grant. Palm Harbor Homes grants you a worldwide, non-exclusive, revocable and non-transferable license to use the Web Site. You may download, view, copy, and print the Information incorporated into this Web Site solely for your personal, non-commercial use.
Use Restrictions. Notwithstanding the foregoing license grant, you may not resell, redistribute, broadcast or transfer the information for non-personal use, or use the Information in a searchable, machine-readable database or file. Unless separately and specifically authorized in writing by Palm Harbor Homes, or permitted in these Terms and Conditions, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works based on, store or time-share the Web Site, any part thereof, or any of the information received or accessed from it, to or through any other person or entity. You agree to use the Web Site and Information for lawful purposes only. You agree not to post or transmit any information through the Web Site that (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of these rights. You are solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of the Web Site or Information. You may not interrupt or attempt to interrupt the operation of the Web Site in any way.
Disclaimer. THE INFORMATION AND WEB SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. NOTWITHSTANDING ANY REPRESENTATION OR STATEMENT TO THE CONTRARY THAT MAY BE POSTED ON THE WEB SITE OR ON ANY LINKED SITES, PALM HARBOR HOMES DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEB SITE. PRODUCT INFORMATION INCLUDING AVAILABILITY, FEATURES, FLOOR PLANS, ELEVATIONS AND PRICES (IF ANY) ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND SHOULD BE VERIFIED INDEPENDENTLY WITH YOUR RETAIL DEALER. ALL SQUARE FOOTAGE IS APPROXIMATE. FLOORPLANS AND ELEVATIONS RENDERINGS MAY NOT BE TO SCALE AND MAY SHOW NON-STANDARD FEATURES. EXTERIOR PHOTOGRAPHS MAY SHOW NON-STANDARD FEATURES AND LANDSCAPING NOT INCLUDED IN ANY INDICATED PACKAGE OR PRICE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH PHOTOGRAPH, IMAGE, DRAWINGS, OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION IS AT YOUR SOLE RISK. PALM HARBOR HOMES RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AND AT ANY TIME WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEB SITE. PALM HARBOR HOMES MAY ALSO ADD, WITHDRAW OR MODIFY INFORMATION WITHIN THE WEB SITE OR SERVICES PROVIDED THROUGH THE WEB SITE, WITHOUT NOTICE, AT ANY TIME IN ITS SOLE DISCRETION. ALL SUCH MODIFICATIONS WILL BE DISPLAYED ONLINE, AND THIS DISPLAY WILL CONSTITUTE EFFECTIVE NOTICE UNDER THIS AGREEMENT ON THE DAY PALM HARBOR HOMES PLACES THEM ON THE WEB SITE. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT PERIODICALLY TO BE AWARE OF THESE REVISIONS.
Pricing Information. Any pricing information included on the Web Site is provided for informational purposes only, actual prices may vary and may only be obtained from your retail dealer. Pricing does not include taxes, site preparation costs beyond the services listed or delivery outside of the stated delivery area. Nothing contained on the Web Site constitutes an offer to sell any product or service, and no binding obligations will arise until you and your retail model center have executed final sales documents. Palm Harbor reserves the right to change prices at any time and without notice or obligation.
Submissions. Palm Harbor Homes does not want you to, nor should you, send any confidential or proprietary information to Palm Harbor Homes via this Web Site. Should you choose to submit information in spite of this, you warrant that you own the information, or have the right to license to Palm Harbor, and grant to Palm Harbor Homes, its affiliates, and divisions a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted on the Web site or any e-mail or other materials or information sent by you to Palm Harbor Homes and to incorporate it (in whole or in part) in other works in any form, media or technology now known or later developed.
Linking. You may not use any of Palm Harbor Homes' proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Palm Harbor Homes; 2) cause confusion, mistake, or deception; 3) dilute Palm Harbor Homes' trademarks or service marks; or 4) otherwise violate state or federal law. In addition, you may only link to the home page of the Web site. Requests regarding use of the content for any purpose other than personal, non-commercial use should be directed to email@example.com.
Third Party Web Sites. As a convenience to you, Palm Harbor Homes may provide, on this Web Site, links to third party Websites operated by other entities. If you use these sites, you will leave this Web Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Palm Harbor Homes makes no warranty or representation regarding, and does not endorse, any linked Web Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Palm Harbor Homes or this Web Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Palm Harbor Homes or any of its affiliates, or subsidiaries.
Modification. Palm Harbor Homes reserves the right to modify the terms and conditions of this Agreement. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Web Site. All such modifications will be displayed online, and this display will constitute effective notice under this Agreement on the day Palm Harbor Homes places them on the Web Site. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
Delays in Services. Neither Palm Harbor Homes nor any of its licensors (including its subsidiaries and affiliates, and its and their officers, directors, employees, agents, representatives or subcontractors) is liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes. Palm Harbor Homes has no responsibility to provide you access to the Web Site while interruption of the Web Site results from any cause.
Termination. Termination or cancellation of this Agreement will not effect any right or relief to which Palm Harbor Homes may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Palm Harbor Homes. This Agreement and the license rights it grants will remain in full force and effect unless terminated or canceled for any of the following reasons; 1) immediately by Palm Harbor Homes for any unauthorized access or use by you; 2) immediately by Palm Harbor Homes if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; 3) immediately, if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the Web site; 4) immediately, if you transmit or receive any Information using the Web site (or cause the same) in violation of this Agreement (Palm Harbor Homes, at its sole discretion, will determine whether any information transmitted or received violates this provision); or 5) immediately, if you violate any of the other terms and conditions of this Agreement.
Monitoring. You acknowledge that Palm Harbor Homes reserves the right to, and may from time to time, monitor any and all Information transmitted or received through the Web Site. Palm Harbor Homes, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which Palm Harbor Homes deems inappropriate or that violates any term or condition of this Agreement. During monitoring, Information may be examined, recorded, copied, and used for authorized purposes. Use of the Web Site, authorized or unauthorized, constitutes consent to such monitoring.
Warranty Disclaimer. You acknowledge that some of the Information and links provided through the Web Site are compiled from sources which are beyond the control of Palm Harbor Homes. Though such Information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur, and that Palm Harbor Homes and its licensors do not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEB SITE AND INFORMATION ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. PALM HARBOR HOMES AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE WEB SITE, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, PALM HARBOR HOMES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE WEB SITE OR INFORMATION WILL MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS. UNDER THIS AGREEMENT, YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE WEB SITE AND INFORMATION, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD PALM HARBOR HOMES, ITS AFFILIATES AND SUBSIDIARIES HARMLESS), BY WHATEVER MEANS YOU CHOOSE AS MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
Limitation of Liability. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Web Site and Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement. YOU AGREE THAT PALM HARBOR HOMES AND ITS LICENSORS (INCLUDING ITS SUBSIDIARIES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) WILL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEB SITE AND INFORMATION FOR ANY PURPOSE WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITIES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND WILL BE LIMITED TO $100.00, AS LIMITED DAMAGES AND NOT AS A PENALTY EVEN IF PALM HARBOR HOMES OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY WILL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT.
Indemnification. YOU WILL RELEASE AND, INDEMNIFY, DEFEND AND HOLD HARMLESS PALM HARBOR HOMES, ITS LICENSORS, AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (THE "PALM HARBOR HOMES PARTIES") FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, SUITS, LIABILITIES, FINES, PENALTIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES) (COLLECTIVELY, "CLAIMS") OF WHATEVER KIND, CHARACTER, OR NATURE BROUGHT BY OR ON BEHALF OF ANY PERSON THAT ARISE OUT OF, ARE RELATED TO OR ARE IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS OR USE OF THE WEB SITE OR INFORMATION, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE PALM HARBOR HOMES PARTIES.
No Conflicting Terms. If there is any conflict between this Agreement and any help text, manuals, or other documents, this Agreement will govern, whether such other documents are prior to or subsequent to this Agreement, or are signed or acknowledged by any member of the Palm Harbor Homes Parties.
Attorney's Fees. If Palm Harbor Homes takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, Palm Harbor Homes is entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
Governing Law; Limitations; Venue. This Agreement is governed by the laws of the State of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Web site or Information contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in Dallas, Dallas County, Texas, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You agree to waive any objection that the state or federal courts of Dallas County, Texas, are an inconvenient forum.
Severability. Whenever possible, each provision of this Agreement will be interpreted in such manner to be effective and valid under applicable law, but if any provision of this Agreement is prohibited or invalid under applicable law, such provision will be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.
U.S. Government Restricted Rights. The Information on this Web site is provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of Palm Harbor Homes' proprietary rights in them.
Copyright, Patent and Trademark Notice. Copyright © 2006 Palm Harbor Homes, Inc. All rights reserved. Unless otherwise noted, the Web Site and all Information, including images, illustrations, designs, icons, maps, photographs, video and audio clips, and written and other materials that appear as part of this site, are the valuable, exclusive property of Palm Harbor Homes or its licensors and nothing in this Agreement may be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as permitted in this Agreement, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without Palm Harbor Homes' prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. Palm Harbor Homes, and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of Palm Harbor Homes, Inc. Palm Harbor Homes, Palm Harbor Village, EnerGmiser, Masterpiece Homes, DuraBeauty, and all other product names and company logos mentioned on the Web Site or Information are trademarks of their respective owners.
Notice and Procedure for Copyright Infringement Claim. Palm Harbor Homes, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Web Site or Information if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Palm Harbor Homes accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Palm Harbor Homes has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Palm Harbor Homes designated agent to receive notification of claimed infringement is:
Vice President of Administration
Palm Harbor Homes, Inc.
15301 Spectrum Dr., Suite 500
Addison, TX 75001
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to the Palm Harbor Homes designated agent, listed above, and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. 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 or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Assignments. You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of Palm Harbor Homes. Any assignment by you other than as provided for in this Section will be null and void for all purposes.
Entire Agreemen. This Agreement is complete and effective at the time you agree to it by accessing or using the Web Site or Information. This Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and Palm Harbor Homes.