Legal
Terms of Use
The website located at palmspringshelpdesk.com (the “Site”) is a copyrighted work belonging to Palm Springs Technology Group, LLC, doing business as The Palm Springs Helpdesk (“Company,” “we,” “us,” and “our”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS OR USE THE SITE.
PLEASE BE AWARE THAT SECTION 11 CONTAINS PROVISIONS GOVERNING HOW DISPUTES BETWEEN YOU AND COMPANY ARE RESOLVED. IT INCLUDES AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT DISPUTES BE RESOLVED BY BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. IT ALSO CONTAINS A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. PLEASE READ SECTION 11 CAREFULLY. YOU HAVE A 30-DAY RIGHT TO OPT OUT, AS DESCRIBED IN SECTION 11.6.
1. Access to the Site
1.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site solely for your own personal or internal business reference in evaluating and contacting us about our services.
1.2 Certain Restrictions. The rights granted to you are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or any content displayed on it; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. All copyright and other proprietary notices on the Site must be retained on all copies.
1.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or any third party for any modification, suspension, or discontinuation of the Site.
1.4 No Support or Maintenance. You acknowledge that Company has no obligation to provide you with any support or maintenance in connection with the Site itself. (Support and maintenance of your own systems, where requested, is provided only under a separate services agreement as described in Section 4.)
1.5 Ownership. You acknowledge that all intellectual property rights, including copyrights, trademarks, and trade secrets, in the Site and its content are owned by Company or its suppliers. These Terms do not transfer to you any rights, title, or interest in such intellectual property, except for the limited access rights expressly set forth in Section 1.1. Company reserves all rights not expressly granted.
1.6 Feedback. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you assign to Company all rights in such Feedback and agree that Company may use it in any manner it deems appropriate. Company will treat Feedback as non-confidential and non-proprietary. You agree not to submit any information or ideas that you consider confidential or proprietary.
2. Contact Form and Inquiries
Submitting an inquiry through our contact form, by email, or by phone does not by itself create a client relationship or any obligation on our part to provide services. A service relationship begins only when you and we agree to the scope and terms of a specific engagement. Do not submit sensitive information — such as passwords, account credentials, or confidential business data — through the contact form, which is not a secure channel for such information.
3. Information and Pricing Are Not a Binding Offer
Service descriptions, rates (including any hourly rate shown on the Site), and other information on the Site are provided for general informational purposes, may change at any time without notice, and do not constitute a binding offer. Any estimate we provide is a good-faith approximation based on the information available at the time and is not a final quote unless expressly stated in a written agreement.
4. Services Governed by a Separate Agreement
These Terms govern your use of the Site only. Any IT services we provide are governed by a separate written agreement (such as an engagement letter, statement of work, or services agreement) between you and us. If there is any conflict between these Terms and a signed services agreement with respect to the services, the signed services agreement controls.
5. Indemnification
You agree to indemnify and hold harmless Company (and its owners, officers, employees, contractors, and agents), including costs and attorneys’ fees, from any claim or demand made by any third party arising out of (a) your use of the Site, (b) your violation of these Terms, or (c) your violation of any applicable law or regulation. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. You agree not to settle any such matter without our prior written consent.
6. Third-Party Links
The Site may contain links to third-party websites and services that are not under Company’s control. Company is not responsible for and does not endorse any third-party websites or services, and provides such links only as a convenience. You access them at your own risk, and the applicable third party’s terms and privacy practices will apply.
7. Disclaimer of Warranties
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. This disclaimer applies to your use of the Site; the terms governing our services are set out in the separate agreement described in Section 4.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR ITS SUPPLIERS, OWNERS, EMPLOYEES, OR CONTRACTORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA, RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR THE SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS ($100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. (Liability arising from our services is addressed separately in the services agreement described in Section 4.)
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Release
You hereby release and forever discharge Company (and our owners, officers, employees, contractors, agents, successors, and assigns) from, and waive and relinquish, every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, the Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
10. Term and Termination
These Terms remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time, for any reason, at our sole discretion, including for any use of the Site in violation of these Terms. Company will have no liability whatsoever to you for any termination of your rights under these Terms. Even after your rights are terminated, the following provisions survive: Sections 1.2 through 1.6 and Sections 3 through 12.
11. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
11.1 Governing Law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. These Terms evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section 11.
11.2 Informal Resolution First. Before initiating arbitration, you and Company agree to first try to resolve any dispute informally by contacting each other. You must send written notice describing the dispute to the address in Section 12.8. If the dispute is not resolved within sixty (60) days after notice is received, either party may begin arbitration.
11.3 Binding Arbitration. Except for (a) individualized claims that qualify for small claims court and remain there on an individual basis, and (b) claims for equitable relief relating to intellectual property, any dispute relating in any way to the Site or these Terms will be resolved by binding, individual arbitration rather than in court. Unless you and Company agree otherwise, the arbitration will be conducted in the county where you reside. The arbitrator’s award is final and binding, and judgment may be entered in any court of competent jurisdiction.
11.4 Class Action Waiver. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND THE CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED OR CONSOLIDATED TOGETHER.
11.5 Jury Trial Waiver. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 11, YOU AND COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND TO HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.
11.6 30-Day Right to Opt Out. You may opt out of this Section 11 by sending written notice of your decision, within thirty (30) days after first becoming subject to these Terms, to the address or email in Section 12.8. Your notice must include your name and address and a clear statement that you want to opt out of arbitration. If you opt out, all other parts of these Terms continue to apply to you.
11.7 Severability. If any part of this Section 11 (other than the Class Action Waiver) is found to be invalid or unenforceable, that part will be severed and the remainder will continue in effect. If the Class Action Waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in the state or federal courts located in Riverside County, California.
12. General
12.1 Changes. These Terms are subject to occasional revision. If we make substantial changes, we may notify you by posting notice on the Site or by emailing the last address you provided. Your continued use of the Site after notice of changes constitutes your acceptance of the changes.
12.2 Electronic Communications. Communications between you and Company may use electronic means. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that they be in writing. This does not affect your non-waivable rights.
12.3 California Disclosure. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
12.4 Entire Agreement. These Terms constitute the entire agreement between you and us regarding your use of the Site. Our failure to enforce any right or provision will not be a waiver of that right or provision. Section titles are for convenience only. The word “including” means “including without limitation.” If any provision is held invalid or unenforceable, the remaining provisions will be unimpaired and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
12.5 Independent Contractor. Your relationship to Company is that of an independent party; neither party is an agent or partner of the other.
12.6 Assignment. You may not assign or transfer these Terms or your rights under them without Company’s prior written consent, and any attempted assignment in violation of this provision is void. Company may freely assign these Terms.
12.7 Copyright and Trademark. Copyright © 2026 Palm Springs Technology Group, LLC. All rights reserved. All trademarks, logos, and service marks displayed on the Site, including “The Palm Springs Helpdesk,” are the property of Company or other third parties and may not be used without prior written consent.
12.8 Contact Information.
The Palm Springs HelpdeskA DBA of Palm Springs Technology Group, LLC
2108 N St, Ste N
Sacramento, CA 95816
Email: hello@palmspringshelpdesk.com
Phone: (760) 800-8440