Terms of service

Last updated: June 4, 2026

OVERVIEW

Welcome to PalmaYard! The terms "we", "us" and "our" refer to PalmaYard. PalmaYard operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). PalmaYard is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy . If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. PalmaYard reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until PalmaYard confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as PalmaYard may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include sales tax. Applicable sales tax is calculated at checkout based on your shipping address and will be itemized in your order summary. Shipping and handling fees, if any, are stated separately. We ship only within the contiguous United States, so no customs duties or import charges apply to your order.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INSTALLATION & ASSEMBLY SERVICE

This Section 6 governs the optional, complimentary on-site assembly service (the "Assembly Service") that PalmaYard offers to qualifying customers. The Assembly Service is provided in addition to, and is separate from, the free curbside delivery described in our Shipping Policy. This Section 6 forms part of, and should be read together with, the rest of these Terms of Service, our Shipping Policy, and our Refund Policy.

6.1 Eligibility

The Assembly Service is available only for orders that meet all of the following:

• The delivery address is within California, USA; and
• The order qualifies under one of two paths: (a) it includes two or more pergolas; or (b) it includes at least one pergola and reaches a cart subtotal of $3,000 or more; and
• The products are purchased directly from www.palmayard.com by the original purchaser for residential, non-commercial use.

The Assembly Service applies to the pergola(s) in the qualifying order. Appointment slots are limited and offered on a first-come, first-served basis.

6.2 Scheduling

After your order is delivered, our California assembly crew will contact you using the phone number and email on your order to schedule an appointment. You are responsible for ensuring safe access to the site and that the assembly area is clear, level, and ready. If the service cannot be completed because the site is inaccessible or not prepared, rescheduling may be required.

6.3 What the Assembly Service Includes

For qualifying orders, the Assembly Service includes, at no additional charge:

• On-site assembly of the qualifying pergola(s) by a trained two-person PalmaYard California crew;
• A final on-site quality check before the crew leaves; and
• Removal and disposal of the product's packaging and assembly debris from your site.

Curbside delivery of the product is provided free under our Shipping Policy; the Assembly Service covers on-site assembly as described above.

6.4 What Is Not Included

The Assembly Service does not include: site preparation; concrete or foundation work; electrical, plumbing, or lighting wiring; permits or HOA approvals; anchoring that requires specialized equipment beyond standard assembly; removal of existing structures; or assembly of any product other than the qualifying pergola(s). Any work outside the stated scope is the customer's responsibility.

6.5 Effect on Returns

As stated in our Refund Policy, once assembly or installation has begun, the product is considered used and becomes final sale and non-returnable. Defects discovered after assembly are handled under the Limited Warranty in Section 18 of these Terms of Service. Please confirm your product and its placement before assembly begins.

6.6 Effect on Warranty

Assembly performed by PalmaYard's authorized California crew under this service qualifies as "authorized installation" for purposes of the Limited Warranty in Section 18 of these Terms of Service and does not void warranty coverage. Damage caused by assembly or installation that is not performed or authorized by PalmaYard is not covered.

6.7 Promotional Value

The "$1,280 value" reflects the typical retail cost of comparable assembly and is provided for comparison only. The Assembly Service has no cash value, cannot be redeemed for cash or applied as a discount, and is not transferable. PalmaYard may modify or end this offer at any time; the terms in effect when your order is placed will apply.

6.8 Changes & Contact

We may update this Section 6 from time to time; the "Last updated" date at the top of these Terms reflects the latest version. Questions about the Assembly Service may be directed to us using the contact information in Section 27.

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by PalmaYard, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of PalmaYard, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by PalmaYard.

PalmaYard's names, logos, product and service names, designs, and slogans are trademarks of PalmaYard or its affiliates or licensors. You must not use such trademarks without the prior written permission of PalmaYard. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 8 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

PalmaYard is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with PalmaYard. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and PalmaYard, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with PalmaYard.

SECTION 11 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 12 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 14 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm PalmaYard, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 15 - AGENTS

15.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.

15.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 15.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

15.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

15.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 16 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 17 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY PalmaYard, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 18 - LIMITED WARRANTY

PalmaYard is committed to producing outdoor living products of high quality and lasting durability. Subject to the conditions and restrictions described in this Section 18, we warrant, to the original purchaser, that each Covered Product shall be free of defects in materials and workmanship for the applicable Warranty Period set out below.

This Limited Warranty applies only to Covered Products purchased directly from PalmaYard at www.palmayard.com and shipped to addresses within the continental United States. It gives you specific legal rights, and you may also have other rights, which vary from state to state.

18.1 Who Is Covered

This Limited Warranty extends only to the original purchaser who: (a) purchased the Covered Product directly from PalmaYard; (b) took delivery within the continental United States; and (c) uses the Covered Product in a residential, non-commercial setting.

This Limited Warranty is non-transferable and does not extend to any subsequent owner. Products purchased from third-party resellers, marketplaces, or unauthorized retailers are not covered.

18.2 Covered Products and Warranty Periods

All Warranty Periods begin on the original date of delivery. Components and remedies are as set forth in the tables below.

Louvered Pergolas

Hardtop Gazebos

Outdoor Furniture (Sofa Sets, Dining Sets, Recliners, Chairs)

Umbrellas and Bases

Cushions

Accessories and Replacement Parts

Pergola accessories (screens, side panels, mounting kits), replacement parts purchased separately, and other PalmaYard products not listed above are warranted for 1 year from date of delivery against defects in materials and workmanship.

18.3 What Is Covered

During the applicable Warranty Period, this Limited Warranty covers defects in materials and workmanship introduced during the manufacturing of the Covered Product that cause the product to be (a) structurally or mechanically unsound when used under normal residential conditions, or (b) substantially altered in appearance to a degree that materially impairs ordinary use.

Examples include: broken or cracked structural frames, loose welds or joints, excessive peeling or blistering of powder coat, premature rot or mildew of fabric canopy, and seam slippage or zipper failure on cushions within the applicable Warranty Period.

18.4 What Is NOT Covered

This Limited Warranty does not cover damage or product failure caused by:

• Normal wear and tear, including minor cosmetic cracks, surface scratches, dents, and minor color variation or finish texture;
• Natural weathering, including patina, oxidation, color softening, and the natural aging of materials;
• Improper assembly, installation, modification, or repair not performed or authorized by PalmaYard;
• Failure to follow the assembly manual or the Care and Maintenance instructions provided with the product;
• Improper cleaning agents, chemical treatments, sun-tan oils, abrasive tools, or pressure washing;
• Damage from accidents, abuse, vandalism, neglect, theft, pets, rodents, or insects;
• Acts of nature, including hail, lightning, wildfire, flood, earthquake, hurricanes, high winds, snow load exceeding rated capacity, and freezing temperatures;
• Use of the Covered Product in commercial, rental, or public settings (including but not limited to hotels, restaurants, vacation rentals, multifamily common areas, and event venues);
• Excessive weight or load beyond the product's rated capacity;
• Damage occurring during customer-arranged transportation, storage, or relocation after delivery;
• Cosmetic defects on surfaces not visible during normal use;
• Products purchased from any source other than www.palmayard.com;
• Floor models, clearance items, or items sold "as-is."

18.5 Your Remedies

If PalmaYard receives a valid warranty claim within the applicable Warranty Period, we will, at our sole discretion: (a) repair the defective product or component at no charge to you, using new or refurbished parts; (b) replace the defective product or component with a new or refurbished item of comparable specification; or (c) if repair or replacement is not commercially reasonable, refund the original purchase price of the defective product.

Any repaired or replaced part will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer. PalmaYard's total liability under this Limited Warranty will not exceed the amount you actually paid for the Covered Product.

18.6 How to Submit a Warranty Claim

To request warranty service, email support@palmayard.com during the applicable Warranty Period and include:

• Your order number and full name on the order;
• The product name and model;
• A clear description of the defect or issue;
• Photos and, where possible, a short video of the defect;
• Photos of the product installation site (for Pergolas and Gazebos).

Our team will respond within 3 business days, assess your claim, and arrange the appropriate remedy. We may request additional information or inspection in order to validate the claim.

18.7 Care and Maintenance Responsibility

Coverage under this Limited Warranty is conditioned on the original purchaser following the Care and Maintenance instructions provided with each Covered Product, including:

• Cleaning fabric and cushions at least 2 to 3 times per year;
• Removing snow and debris from pergola louvers and gazebo roofs within rated load limits;
• Covering or storing furniture, cushions, and umbrellas during the off-season in dry conditions;
• Inspecting hardware and fasteners annually and re-tightening as needed.

Damage resulting from failure to follow these instructions is not covered. Any dispute arising under or related to this Limited Warranty is subject to the dispute resolution procedures set forth in Section 24 (Governing Law, Arbitration, and Class Action Waiver).

18.8 Relationship to Disclaimer and Limitation of Liability

This Limited Warranty is the express warranty referenced in Section 17 (Disclaimer of Warranties) and is the exclusive remedy for defects in materials and workmanship in the Covered Products. To the extent permitted by law, all other warranties, express or implied, are disclaimed as set forth in Section 17, and PalmaYard's liability is limited as set forth in Section 19 (Limitation of Liability). Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

SECTION 19 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL PalmaYard, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY PRODUCT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 20 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless PalmaYard, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 21 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 23 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 24 - GOVERNING LAW, ARBITRATION, AND CLASS ACTION WAIVER

24.1 Governing Law. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

24.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services, including the validity, scope, or enforceability of this arbitration agreement, shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be held in Imperial County, California, or, at your election, conducted by telephone or video conference, or based solely on written submissions. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

24.3 Class Action Waiver. You and PalmaYard agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

24.4 Exceptions. This arbitration provision does not apply to: (a) small claims court actions brought by either party that remain in small claims court; (b) actions seeking injunctive or equitable relief for alleged infringement of intellectual property rights; or (c) disputes that cannot be arbitrated as a matter of law.

24.5 Opt-Out Right. You have the right to opt out of this arbitration agreement within 30 days of your first purchase by sending written notice to support@palmayard.com with the subject line "Arbitration Opt-Out." Your notice must include your full name, mailing address, order number, and a clear statement that you wish to opt out. Opting out will not affect any other terms of these Terms of Service.

24.6 Venue for Non-Arbitrable Claims. For any claims not subject to arbitration under Section 24.4, you and PalmaYard consent to the exclusive jurisdiction and venue of the state and federal courts located in Imperial County, California.

SECTION 25 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 26 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 27 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us using the contact information below:

Email: support@palmayard.com Phone: +1 310 686 2477

Physical Showroom & Hours (California): 10:00 AM to 8:00 PM (GMT-8) 3751 S Dogwood Rd, El Centro, CA 92243, USA

Registered Corporate Office (Nevada): 732 S 6th ST, STE N, Las Vegas, NV 89101, USA