TERMS OF USE 1FOR

PALM SPRINGS SAFE ACCESS WEBSITE

The Palm Springs Safe Access website comprises the various websites and web pages of operated by Palm Springs Safe Access, its affiliates, consultants, agents, and assigns. Use of this website is offered to you conditioned on your acceptance of the terms, conditions, and notices contained in this agreement (in their entirety and without modification) and by using our website you are deemed to have accepted this offer.

Modification.

We reserve the right to change the terms, conditions, and notices under which the use of our website and services are offered. You are encouraged to review the terms set forth in this agreement often as some of them may have changed.

Third Party Sites.

Our website may contain hyperlinks to third party websites (each, a “Third Party Site”). Palm Springs Safe Access provides these hyperlinks as a convenience only – our inclusion of these hyperlinks is not intended to imply, nor does it imply, endorsement by Palm Springs Safe Access of any Third Party Site, any association the operators of such a website, or any degree of control over such Third Party Sites. Palm Springs Safe Access is not responsible for the contents, service charges, safety, or transmissions of any Third Party Site.

No Prohibited Use.

As a condition of your use of our website, you warrant to Palm Springs Safe Access that you will not use our website for any unlawful purpose, or for any purpose otherwise prohibited by the terms and conditions hereof. You may not use our website in a way that could damage, impair, or overburden the website or its ancillary hardware and software, or in any way that could interfere with another’s use and enjoyment of our website, and you may only seek or obtain materials and data by way of channels intentionally provided by the website.

Communication Media.

Our website may now or in the future contain communications media like bulletin boards, groups, forums, communities, classifieds, calendars, and other types of messaging, posting, etc. You agree not to send, post, or otherwise transmit or publish, material that is unlawful, prohibited, or unreasonably improper under the circumstances – the following is a non-exclusive list of such material: material that advertises or offers to sell goods or services, material that is defamatory, abusive, obscene, infringing, actionable at law or equity, indecent, material that destroys, disrupts, corrupts, or damages computer hardware or software, and material that is used to harass, stalk, or threaten another.

We reserve the right to disclose information if deem good faith that such disclosure is pursuant to applicable law, regulation, legal process, or governmental request. We also reserve complete unilateral discretion to refuse to publish user material and/or remove such material.

Always use caution when disclosing personal data regardless of whether such data is personal to you or to another party. Palm Springs Safe Access does not control or endorse the content of any user’s communication material, nor does how such party uses communication media on our website, and we expressly disclaim liability arising from same. By using communication media on our website you acknowledge that you are voluntarily seeking communication materials published by third parties, and as such you do so entirely at your own risk and expressly waive any duty, liability, or otherwise, as to Palm Springs Safe Access.

Material Provided to Palm Springs Safe Access and/or Posted on Our Website.

Palm Springs Safe Access does not claim ownership of the materials you provide, post, publish, upload, or otherwise submit to (or through) our website – however – by doing same you grant Palm Springs Safe Access, its affiliates, agents, employees, licensees, and assigns permission to use such materials in connection with their businesses without compensation, or liability, to you. Palm Springs Safe Access is under no obligation to publish or use any materials you may provide and may cease same in its sole and absolute discretion. By providing, posting, publishing, uploading, or otherwise submitting any materials as set forth above you warrant and represent that control all rights related to those materials and your submission of them to (or through) our website.

LIABILITY DISCLAIMER.

THE DATA AVAILABLE ON OR THROUGH THE PALM SPRINGS SAFE ACCESS WEBSITE MAY BE INACCURATE OR CONTAIN TYPOGRAPHICAL ERROR AND THE INFORMATION CONTAINED IN THIS DOCUMENT, AND/OR AVALIABLE THROUGH OUR WEBSITE, IS PERIODICALLY UPDATED OR MODIFIED. PALM SPRINGS SAFE ACCESS DOES NOT ADVISE USERS ON PERSONAL, MEDICAL, LEGAL, OR FINANCIAL MATTERS. IN NO EVENT SHOULD YOU RELY ON, OR OTHERWISE TREAT A STATEMENT BY PALM SPRINGS SAFE ACCESS, AS ADVICE ON SUCH MATTERS. IF YOU SEEK SUCH ADVISE PLEASE CONSULT AN APPROPRIATE PROFESSIONAL TO OBTAIN RELIABLE ADVICE. NO REPRESENTATIONS ARE MADE BY PALM SPRINGS SAFE ACCESS AND/OR ITS SUPPLIERS, AS TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR ACCURANCY OF THE DATA, INFORMATION, SOFTWARE, PRODUCTS, SERVICES, GRAPHICS, OR OTHER CONTENT OF OUR WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH DATA, INFORMATION, SOFTWARE, PRODUCTS, SERVICES, GRAPHICS, OR OTHER CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PALM SPRINGS SAFE ACCESS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH DATA, INFORMATION, SOFTWARE, PRODUCTS, SERVICES, GRAPHICS, OR OTHER CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PALM SPRINGS SAFE ACCESS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PALM SPRINGS SAFE ACCESS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE PALM SPRINGS SAFE ACCESS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PALM SPRINGS SAFE ACCESS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PALM SPRINGS SAFE ACCESS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PALM SPRINGS SAFE ACCESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PALM SPRINGS SAFE ACCESS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PALM SPRINGS SAFE ACCESS WEBSITE.

OUR SERVICE CONTACT MAY BE REACHED THROUGH OUR “CONTACT US” PAGE.

Termination of Access and Restrictions on Access.

Palm Springs Safe Access reserves the right, in its sole discretion, to terminate fully, or restrict in part, your access to our website, and any related services, without notice.

Choice of Law.

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts of the Superior Court for the State of California, County of Indio, and to the Federal District Court for the district in which Indio County is located, in all disputes arising out of or relating to the use of the Palm Springs Safe Access website. Use of the Palm Springs Safe Access Web Site is not authorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Palm Springs Safe Access as a result of this agreement or use of our website. The performance of Palm Springs Safe Access under this agreement is subject to existing laws and legal process, and nothing contained in this agreement shall require Palm Springs Safe Access to do other than comply with applicable Federal, State, and local government, all applicable regulatory authorities, courts, law enforcement orders, requests, or requirements. If any part of this agreement is determined to be invalid or unenforceable then such provision will be redrafted to match the intent of the original and simultaneously be valid and enforceable, and the remainder of this agreement shall continue in full force and effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Palm Springs Safe Access with respect to the Palm Springs Safe Access website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent, and subject to the same conditions as, other business documents and records originally generated and maintained in printed form.