Terms of Use

Effective Date: October 17, 2022

Palms Insurance Terms and Conditions: Business people signing documents

These Terms of Use (“Terms”) of Palms Insurance Company, Limited; Palms Specialty Insurance Company Inc; and our affiliated entities (collectively “Palms Insurance,”  “we,” “us,” or “our”), apply to all contents and information available at the website, www.palms-insurance.com, as well as any mobile apps, online services, or website where these Terms are posted (together, the “Site”). You agree, on behalf of yourself and the institution/company or other legal entity that you represent, to be legally bound by these Terms when you access or use the Site.

PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU ACCEPT THE TERMS SET FORTH HEREIN. IF YOU DO NOT ACCEPT SUCH TERMS, YOU SHOULD DISCONTINUE ANY FURTHER ACCESS TO OR USE OF THE SITE.
 

Changes to Terms

The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our sole discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date of any such changes constitutes your acceptance of the amended Terms. The amended Terms will supersede all previous versions of these Terms.

 

Eligibility

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.  Furthermore, you represent and warrant that you are a resident of the United States, and you are at least the age of majority in your state of residence.

 

Privacy

Please review our Privacy Policy (“Privacy Policy”), which also applies to your use of the Site.

 

Description of Service

The Site may provide general information about our products and services.  Your eligibility for particular products and services is subject to our final determination, restrictions, and acceptance.  We may discontinue or make changes to the products and services described on this Site at any time without prior notice. Furthermore, the availability of information about our products or services on the Site should not be considered a solicitation by us to any person to use such products or services in jurisdictions where the provision of such products or services is prohibited by law.

 

Intellectual Property

The Site, including the information, files, documents, text, photographs, images, audio, and video which it contains, and any material made available for download on the Site (collectively, the “Content”), are the property of us or our licensors, as applicable. The Site and Contents are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for your non-commercial use or for purposes authorized or approved in writing by us in our sole discretion. All rights not expressly granted herein are reserved to us and our licensors.

 

License

Palms Insurance grants you a limited license to access and make use of the Site subject to these Terms.

We may at any time, with or without cause, and without prior notice to you revoke your license and deny you further access to the Site. 

 

Restrictions

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation;
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us in our sole discretion, may harm us or users of the Site or expose us or them to liability;
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
  • Use any robot, spider or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
  • Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Site; or
  • Otherwise attempt to interfere with the proper working of the Site.

You are also prohibited from using the Site in a manner that:

  • harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
  • is unlawful, fraudulent, or deceptive;
  • encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  • violates any other terms, policies, or agreements which you have entered into with us; or
  • constitutes any other objectionable behavior as determined by us in our sole discretion.

If we determine, in our sole discretion, that you have engaged in any prohibited conduct, we reserve the right to revoke your license to access and use the Site.

 

User Submissions

Except for any personally identifiable information we may collect from you as described in our Privacy Policy, any material, information, or other communication you transmit, upload, or post to this Site including any ideas, comments, suggestions, feedback, data, or the like (“User Submissions”) will be considered non-confidential and non-proprietary. Palms Insurance will have no obligations with respect to the User Submissions. Furthermore, you give up all intellectual property rights, including any moral, publicity, and privacy rights you have in any User Submissions. By submitting User Submissions to Palms Insurance, you agree Palms Insurance is free to use any User Submissions, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. PALMS INSURANCE and its designees will be free to copy, disclose, distribute, incorporate, commercialize, and otherwise use the User Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

 

Disclaimer and Limitation of Liability

THE SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES OR MAY GIVE YOU ACCESS TO APPLICATIONS, SOFTWARE, OR PRODUCTS PROVIDED BY THIRD PARTIES. PLEASE UNDERSTAND THAT THOSE THIRD-PARTY WEBSITES AND PRODUCTS MAY BE SUBJECT TO DIFFERENT TERMS OF USE AND PRIVACY POLICIES, AND THAT PALMS INSURANCE DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE CONTENT OF SUCH WEBSITES OR THE PRACTICES OF SUCH THIRD PARTIES. 

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED BY PALMS INSURANCE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PALMS INSURANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PALMS INSURANCE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES, OR ANY INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, ANY LINKED SITE, OR ANY SERVICES USED THROUGH THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR ACCESS AND USE OF THIS SITE AND ANY SERVICES USED BY YOU THROUGH THE SITE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

Any claims arising in connection with your use of the Site or any services used through the Site must be brought within one (1) year of the date of the event occurred giving rise to such action. 

 

Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, and our respective officers, directors, employees, agents, and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

 

Miscellaneous

You acknowledge and agree that these Terms shall be governed by the laws of the State of Florida without regard to its choice of law provisions. By utilizing this Site, you further acknowledge and agree that any dispute or claim resulting from your access or use of this Site or the Content thereof shall be subject to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida, submit to the exclusive jurisdiction of such courts with regard to any such dispute or claim, and waive any and all objections to the exclusive jurisdiction of such courts.

If a provision of these Terms is held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall attach only to such provision or part, and the remaining part of such provision and all other provisions in these Terms shall continue in full force and effect. Further, all terms and conditions of these Terms shall be deemed enforceable to the fullest extent permissible under applicable law, and when necessary, you agree to any reforms to these Terms to give them such effect. This provision shall survive the termination of your access or use of the Site or our termination of these Terms.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove any User Submissions generated by you or other Content on the Site, block your access to the Site, or block IP addresses.

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.

 

How to Contact Us

If you have any questions, comments, or notices regarding these Terms, please contact us at

Palms Insurance
700 Universe Boulevard, Juno Beach, Florida 33408
561-304-5532
Contact@Palms-Insurance.com