1. Palmetto Premium Subscription Plan. These are the terms (“Terms”) that govern the technical support, services, and special pricing that we will provide under the Premium Subscription Plan (“Plan”). We will provide these services and benefits to the person who purchased the Plan (“Purchaser”).
We will provide the support and services to you described in these Terms. However, this Plan is not a guarantee, warranty, or extended warranty that your products will not contain defects or that we can repair any item or that we will replace or provide a refund of your product’s purchase price in the event your product cannot be repaired. Parts and services covered during the manufacturer’s warranty period are the responsibility of the manufacturer.
NOTE THAT THIS IS AN AUTOMATICALLY RENEWING PLAN. FOR MORE INFORMATION ON THIS, SEE SECTION 5.
2. Here’s what the plan includes: These Terms are subject to change
A. Premium Services Include:
B. Training
C. Access and Eligibility to Palmetto’s Appointment Program
D. Powered by Palmetto Marketing Platform
E. Best Practices for Lead Generation in a Digital World
F. Product and Technology Insights
G. Palmetto Bank Services
H. Policy Insights
I. Access to Palmetto Store
3. When the plan begins and ends; types of plans. The Plan begins on the date it is initially purchased. The Plan ends as explained below depending on what type of Plan was purchased (the “Service Period”). The Purchaser’s payment receipt or the email we will send confirming the purchase will identify which type of plan was purchased.
A. Monthly Plans. If the Purchaser paid for a month-to-month Plan, the Plan will continue indefinitely on a month-to-month basis until it is canceled. Until the Plan described in this paragraph is cancelled, the Subscriber authorizes us to charge his/her credit or debit card at the beginning of each monthly billing period the then-current price for the Plan, subject to us giving notice to the Purchaser of any price changes.
B. Annual Plans. If the Purchaser paid for an annual Plan, the Plan will continue indefinitely on an annual basis until it is cancelled. Until the Plan described in this paragraph is cancelled, the Subscriber authorizes us to charge his/her credit or debit card annually from the signup date at the then-current price for the Plan, subject to us giving notice to the Purchaser of any price changes.
4. Cancellation; renewal; and change of terms or plan price.
A. How to cancel. The Subscriber may cancel the Plan at any time by calling 855-339-1831 or sending in a request to cancel through https://www.palmetto.com/about/contact.
B. Continuous Monthly Plan. If the Purchaser cancels a Continuous Monthly Plan at any time, the Purchaser will receive service through the duration of that month’s payment period, at which point the plan and associated services will be cancelled.
C. Continuous Annual Plan. If the Purchaser cancels a Continuous Annual Plan at any time, the Purchaser will receive service through the duration of that year’s payment period, at which point the plan and associated services will be cancelled.
D. Cancellation or Suspension of Service by Us. The Plan you’re subscribed to may be cancelled by us due to your fraud or material misrepresentation, not following proper sales or marketing conduct guidelines, or your nonpayment of Subscription Plan (“Non-Payment Event”). If a Non-Payment Event occurs, we will provide the Purchaser written notice (e.g., email) of the Non-Payment Event. If you do not cure the Non-Payment Event within 30 days after delivery of our notice of such Non-Payment Event, then (i) if you purchased a Continuous Yearly Plan, it will be cancelled retroactively to midnight on the last day of the preceding annual period. We may also suspend performance of our obligations while a Non-Payment Event exists or any other situation where you failed to pay us an amount that is due or where you failed to comply with or fulfill any other material obligation under this Plan.
5. Renewals. CONTINUOUS MONTHLY PLANS. AS EXPLAINED IN SECTION 4 ABOVE, YOUR MONTHLY PLAN WILL CONTINUE INDEFINITELY ON A MONTH-TO-MONTH BASIS UNTIL CANCELLED OR NOT RENEWED BY YOU OR US IN ACCORDANCE WITH THESE TERMS. At our discretion, we may discontinue the renewal of your Continuous Monthly Plan on at least 30 days’ prior written notice or offer you a new service contract. Subject to our responsibility to inform you in advance of a change in price provided in Section 6 below, your designated payment card will be charged the amount of the then-current price of the Plan if you do not cancel a Continuous Monthly Plan prior to the applicable renewal date.
6. Change of terms or plan price. We reserve the right to change these Terms or the price of the Plan at any time upon 30 days’ notice to you. If we make a change to these Terms, you may cancel the Plan before such changes take effect.
7. Communications. We will send communications to you regarding cancellations, renewals of Continuous Yearly Plans, and changes in terms or price to the e-mail address that you have provided to us. It is your responsibility to contact us at 855-339-1831 to update your email address if necessary.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW: WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM OUR OBLIGATIONS UNDER THESE TERMS. EXCEPT AS OTHERWISE PROVIDED FOR OBLIGATIONS TO MAKE PAYMENT UNDER THIS PLAN, FOR DIRECT DAMAGE CAUSED TO YOUR PROPERTY DURING THE COURSE OF ANY SERVICE WORK, IN NO EVENT SHALL THE AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS SERVICE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL COST OF THE AGREEMENT.
9. Arbitration and Class Action Waiver. THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO 9 U.S.C. §§ 1-16, AS MODIFIED HEREIN. In the event of a dispute between You and the Installer, either party may choose to resolve the dispute by binding arbitration, as described below, instead of in court. Any claim (except for a claim challenging the validity or enforceability of this Installation Agreement, including this provision or a Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR THE INSTALLER CHOOSE ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.
(i) ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE INSTALLER MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST THE OTHER PARTY, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
(ii) Class Action Waiver. Only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, You or the Installer may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit. The Installer will not choose to arbitrate any claim You bring in small claims court. However, if such a claim is transferred, removed or appealed to a different court, the Installer may then choose to arbitrate.
(iii) Governing Law. All disputes concerning the validity, interpretation and application of this Installation Agreement shall be governed by the laws of the State of New York, without giving effect to its conflicts of laws provisions. This arbitration agreement is governed by the Federal Arbitration Act (FAA). Arbitration must proceed
only with the American Arbitration Association (AAA) or JAMS. The rules for the arbitration will be those in this arbitration agreement and the procedures of the chosen arbitration organization, but the rules in this arbitration agreement will be followed if there is disagreement between the agreement and the organization’s procedures. If the organization’s procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. For a copy of each organization’s procedures, to file a claim or for other information, please contact: AAA at 1101 Laurel Oak Rd., Voorhees, NJ 08043, www.adr.org (phone 1-877-495-4185), or JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018, www.jamsadr.com (phone 1-800-352-5267). If both AAA and JAMS are completely unavailable, and if You and the Installer cannot agree on a substitute, then either You or the Installer may request that a court appoint a substitute.
(v) Procedure. Arbitration hearings will take place in the federal judicial district for the County of Charleston in the State of South Carolina. A single arbitrator will be appointed. The arbitrator must:
(A) Follow all applicable substantive law, except when contradicted by the FAA;
(B) Follow applicable statutes of limitations;
(C) Honor valid claims of privilege; and
(D) Issue a written decision including the reasons for the award. The arbitrator’s decision will be final and binding except for any review allowed by the FAA.
(v) Enforcement. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction in the County of Charleston in the State of South Carolina.
(vii) Survival. This arbitration provision shall survive the term of this Service Plan.
10. Entire agreement. These Terms and your purchase receipt constitute the entire agreement between you and us with respect to the services and benefits provided to you under the Plan and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression.
