Platinum Filings Terms of Service
These Terms of Service (“TOS” or “Agreement”) constitute a binding legal agreement between you as the licensee (“you”) and Platinum Filings LLC, (“Platinum” or “we”) and establishes the terms and conditions by which you are permitted to access and use the platinumfilings.com website and all subpages herein (the “Website”) and some of the Platinum Property (as defined below) available on the Website. By using the Website, you confirm that you have read, understand, and agree to be bound by the TOS, and that you consent to the Privacy Policy, which is incorporated by reference. Use of the Website constitutes your electronic signature. If you are entering into this Agreement on behalf of your employer or client (and you have the legal authority to sign contracts on their behalf), then “Licensee” or “you” refers to that entity. If not, then this Agreement binds you personally. The TOS does not create third party beneficiary rights for any parties. If you do not agree to our TOS, do not use this Website.
Services
All of the services offered on the Website (“Services”) are governed by the terms of the applicable Service agreement that accompanies or is included with the Service procured by you. You will not be able to procure any Platinum Service without agreeing to the terms of the applicable Service agreement. Depending on the particular Service sought by you, the Service agreement may be a click-through agreement available on the Website, purchase order, order form, a paper contract, or any other applicable form. For the purposes of clarity, this Agreement does not cover the use or procurement of any of Platinum products or Services offered through the Website.
Changes to the Terms
We reserve the right to modify and update the TOS from time to time. We will post notice of any such modifications on this Website. You can always review the most recent TOS at platinumfilings.com/terms-of-service. The Website will be governed by the then-current version of the TOS at the time of your use. If you use the Website after any such modification or update to the TOS, you consent to those modifications or updates. If any change to these Terms is not acceptable to you, your sole remedy is to cease using the Website. Modifications will not be applied retroactively.
Changes to the Services
We may also, from time to time, add additional products, features, or Services or modify, suspend, or discontinue certain existing products, features, or Services available on the Website. New or modified products, features, or Services will be governed by this Agreement, as well as any applicable agreement published in connection with those products, features, or Services. Platinum will not be liable to you or any third party for suspending or discontinuing any product, feature, or Service, or for the unavailability of the Website to any person or in any geographic area or jurisdiction.
You acknowledge and agree that you bear the entire risk of use of this Website and all products, features, and Services contained herein.
Personal Information; Consent to Privacy Policy
In order to procure Platinum’s Services, you must provide certain information to Platinum, including your credit card number, billing address, and other contact information, as applicable. You hereby authorize Platinum to use all information submitted by you, in accordance with Platinum’s Privacy Policy. You represent and warrant that any personal information you provide in connection with your use of the Service must be true, accurate, and complete, and you will maintain and update such personal information.
Intellectual Property
All content included on this Website, including all text, images, fonts, graphics, logos, button icons, digital downloads, data compilations, page designs, navigation systems, and software, as well as the overall structure and “look and feel” of the Website, the Trademarks, and all of Platinum’s trademarks, copyrights, or other intellectual property, and all other related items of Platinum intellectual property made available to you (collectively, the “Platinum Property”), are the property of Platinum or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Platinum and protected by U.S. and international copyright laws. The content may not, except under written license, be copied, reproduced, transmitted, displayed, performed, sold, offered for sale, transferred, assigned, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without Platinum’s prior written consent, except to the extent such use is authorized under the United States copyright laws. All software used on this Website is the property of Platinum or its software suppliers and is protected by United States and international copyright laws.
You acknowledge and agree that Platinum and its licensors are and remain the exclusive owner of all worldwide right, title, and interest in and to the Platinum Properties and the Service, including, without limitation, all copyright, patent, trademark, trade secret, and other intellectual property rights, in and to the Platinum Properties and the Service. Any and all modifications, customizations, variations or adaptations to the Platinum Properties or the Service, regardless of origin, shall automatically be deemed to be included in the definition of “Platinum Properties” and/or “Service” as applicable hereunder and shall become part of, and subject to, this Agreement.
You agree not to challenge Platinum’s rights in or to the Platinum Properties, the Service, or the validity of any intellectual property or other right of Platinum therein, or to infringe Platinum’s rights therein.
Site Usage and User Responsibility
You agree to use the Website for lawful purposes only. You may not reproduce, duplicate, copy, sell, resell, scrape data or content from, or otherwise exploit the Website, any Platinum Property (defined below), or any portion thereof for any commercial purpose without the express written consent of Platinum. You may not use the Website in any way that may, in Platinum’s discretion, damage or disable Platinum systems or equipment, or interfere with other users’ ability to access and use the Website. You may not attempt to gain unauthorized access to any portion or feature of the Website or any systems or networks connected to the Website or any Platinum server or system by hacking, password “mining” or any other means, or use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website. Your use of the Website or Services provided through the Website is conditioned on your compliance with the site and user responsibilities noted in this section; any failure to comply may also result in termination of your access to the Website or Services provided through the Website.
Additionally, you hereby acknowledge and agree that you will not:
Any unauthorized use immediately terminates the permissions or licenses granted by Platinum.
Service Descriptions and Prices
Platinum attempts to be as accurate as possible. However, Platinum does not warrant that Service descriptions or other content of this site are accurate, complete, reliable, current, or error-free. Prices are subject to change without notice. Unless otherwise indicated in writing by Platinum, all prices are quoted in US dollars and are exclusive of all taxes and duties imposed by any governmental authority, all of which shall be paid by you.
All Service-Requests and Fees are Final
All fees charged under this Agreement by Platinum are non-refundable, in whole or in part, including with respect to Services or any related disbursements. No transaction or filing or other Service request submitted to Platinum, whether over the site or via any other means, such as fax or phone order may be cancelled once it is submitted.
Third Party Links
The Website may include links to third party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. The presence of any such links does not mean that Platinum endorses these sites. You acknowledge and agree that Platinum is not responsible or liable for the content or accuracy of any other site or links.
Disclaimer of Warranties; Limitation of Liability
This Website and all information, content, materials, products (including software), and Services included on or otherwise made available to you through this Website are provided by Platinum on an “as is” and “as available” basis, unless otherwise specified in writing. Platinum strives to be accurate on its Website, but Platinum shall not be liable for and makes no representations or warranties of any kind, express or implied, as to the operation including but not limited to the accuracy, completeness, timeliness, or reliability of this Website or the information, content, materials, products, and Services included on or otherwise made available to you through this Website, unless otherwise specified in writing. You expressly agree that your use of this Website is at your sole risk. To the full extent permissible by applicable law, Platinum disclaims all warranties, express or implied, including but not limited to, any warranties of non-infringement, merchantability and fitness for a particular purpose. Platinum does not warrant that this Website and all information, content, materials, products, and Services included on or otherwise made available to you through this Website, Platinum’s servers, or any email sent from Platinum are free of viruses or other harmful components. Platinum does not warrant that the Website or the content will meet any requirements or needs you may have, or that it will operate error-free or in an uninterrupted manner the Website or any content available therein is fully compatible with any particular platform or third party application.
Platinum will not be liable for any damages of any kind arising from the use of this Website or from any information, content, materials, products, and Services included on or otherwise made available to you through this Website, including, but not limited to, direct, indirect, exemplary, incidental, punitive and consequential damages, including any lost profits or lost savings, loss of goodwill, business interruption, work stoppage, loss of data, computer failure, damage or malfunction, or for any claim by any party, even if Platinum has been apprised of the possibility of such damages, and regardless of the theory upon which such claim is based (including contract tort, strict liability, negligence or otherwise), unless otherwise specified in writing. Platinum’s total cumulative liability for all claims related to your use of this Website and all information, content, materials, products, and Services included on or otherwise made available to you through this Website will not exceed $100.00. To the extent that the applicable Service agreement for any Service procured by you from Platinum or through this Website does not contain a limitation of liability provision, Platinum’s total cumulative liability for any claim related to such Service will not exceed the total amount actually paid by you to Platinum for said Service. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. If you are a California resident, you hereby waive your rights with respect to California Civil Code Section 1542, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The disclaimers of warranty and liability set forth in this section constitute an essential part of this Agreement.
Indemnification
You, at your sole expense, shall indemnify Platinum, its agents, employees, officers, directors, shareholders, advisors, successors, and assigns and any of their affiliates, and hold them harmless against all losses, damages, claims, demands, expenses (including, but not limited to, third party claims and attorneys fees and court costs) (any of the foregoing, a “Loss”) arising out of or resulting from: (i) any use of the Website by you, (ii) any breach of this Agreement by you or (iii) violation of any rights of a third party, by you. Your indemnification obligation does not apply to Losses resulting entirely from Platinum’s gross negligence or willful misconduct. Platinum reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with all reasonable requests to assist Platinum in defense of such matters.
Termination
Platinum reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion, without any liability to you. These Terms shall survive any termination of your access to this Website or any part of this Website.
Survival
Terms that by their nature survive termination shall survive the termination of this Agreement.
Assignment
We may assign this Agreement at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of Platinum. You may not assign, transfer, or sublicense this Agreement to anyone else. Any attempt by you to assign this Agreement will be void ab initio.
Force Majeure
Platinum shall not be liable for damages resulting directly or indirectly from acts of nature, forces or causes beyond Platinum’s reasonable control including, but not limited to: internet failures, network failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, acts of God, terrorist action, acts of civil or military authority, government actions, fires, epidemics, riots, wars, sabotage, insurrections, labor shortages, or disputes.
Governing Law; Jurisdiction and Venue
This Agreement and all rights and obligations under this Agreement shall in all respects be governed by, and construed and enforced in accordance with, the laws of the State of New York (the “State”), but without regard to its conflicts of laws or choice of forum rules. You hereby irrevocably submit to personal jurisdiction in the State and to the non-exclusive jurisdiction of any New York state or federal court sitting in the City of New York over any legal suit, action, or proceeding arising out of or relating to this Agreement or the relationships created by or under this Agreement (“Action”). Jurisdiction and venue of any Action shall, at the election of Platinum, be in (and if any Action is originally brought in another venue, the Action shall at the election of Platinum be transferred to) a state or federal court of appropriate jurisdiction located in the State. You hereby waive and agree not to assert, as a defense to any Action or a motion to transfer venue of any Action, any claim (a) that it is not subject to such jurisdiction; (b) that any Action may not be brought against it or is not maintainable in those courts; (c) that this Agreement may not be enforced in or by those courts; (d) that it is exempt or immune from execution; (e) that the Action is brought in an inconvenient forum; or (f) that the venue for the Action is in any way improper.
No Waiver
No failure by either party to object to any breach of any provision of this Agreement shall constitute a waiver of such provision, a waiver of any other breach, or a waiver of any other provision of this Agreement.
Headings
Section titles in this TOS are for convenience only and have no legal or contractual effect.
Severability
The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision hereof. To the fullest extent permitted by law, if any provision of this Agreement, or the application thereof to any person or circumstance, is invalid or unenforceable (a) a suitable and equitable provision shall be substituted therefor in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision and (b) the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected by such invalidity or unenforceability.
Entire Agreement
This Agreement, including the Privacy Policy, Cookies Privacy Policy and any other applicable agreements incorporated by reference, constitutes the entire understanding between the parties concerning the Website and all products and services offered therein, and supersedes all previous agreements, promises, representations, and negotiations between the parties concerning the same. No pre-printed terms of any subsequent purchase order, invoice, or order summary will add to, modify or supersede the terms of this Agreement.
