TERMS & CONDITIONS
Last updated: March 1, 2024
Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) carefully before using the www.platinumhourssolutions.org website and/or the Platinum Hours Solutions app (the “Service”) operated by PLATINUM HOURS SOLUTIONS LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
1 Accessing the Service
1.1 To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is of your use of the Service that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Service or otherwise, including, but not limited to, using any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
1.2 If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
1.3 We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, including if, in our opinion, you have violated any provision of these Terms.
2 Purchases and Payments
2.1 If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
2.2 You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
2.3 The service may employ the use of third-party services to facilitate payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
2.4 We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons.
2.5 We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
3 Intellectual Property Rights
3.1 The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2 These Terms of Use permit you to use the Service 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 in the Service.
4 Prohibited Uses
4.1 You may use the Service only for lawful purposes and in accordance with these Terms. You shall not:(a) Use the Service for purposes that, in our judgment and sole discretion, are unlawful, obscene, harmful, hateful, invasive of the privacy of others, objectionable, or otherwise prohibited by these Terms;(b) Use the Service in a manner that could disable, overburden, or impair the Service or interfere with another party’s use and enjoyment of the Service, such as through sending “spam”;(c) Seek to obtain access to any Service features, content, materials, accounts, or information through hacking, data harvesting, data mining, or through other means we have not intentionally made available to you through the Service; or(d) Infringe our or any third-party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
5 Subscription/Purchase Cancellation
5.1 You or we may terminate or cancel your subscription or no more than 3 days after initial purchase to the Services at any time, and such termination or cancellation shall be effective upon purchase or the end of your then-current subscription term.
5.2 You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us, including, without limitation, any dispute related to or arising out of
(a) any terms of the Agreement or our enforcement or application of the Agreement;
(b) any of our practices or policies, including, without limitation, our Privacy Policy, or our enforcement or application of these policies;
(c) the content available through the Services;
(d) your ability to access and/or use any of the Services components; or
(e) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods.
5.3 Upon the cancellation or termination date of your subscription to the Services, we will immediately deactivate your user account and/or delete all related information and/or files in your user account and/or ban any further access to such information and/or files, except as we may otherwise provide from time to time.
5.4 To cancel your subscription please contact the Platinum Hours Solutions LLC Helpdesk team at Enrollment@platinumhourssolutions.org. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you cancel less than 72 hours before the relevant billing period begins, you agree that you will be liable for the then-current subscription fee for such billing period and are not entitled to a refund of that final subscription fee. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
6 Availability, Errors, and Inaccuracies
6.1 We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service, and we cannot guarantee the accuracy or completeness of any information found on the Service.
6.2 We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
7 Links to Other Websites
7.1 Our Service may contain links to third-party websites or services that are not owned or controlled by PLATINUM HOURS SOLUTIONS LLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
7.2 You acknowledge and agree that PLATINUM HOURS SOLUTIONS LLC shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
7.3 We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
8 Termination
8.1 We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
8.2 We also reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
8.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9 Indemnification
9.1 You agree to defend, indemnify, and hold harmless PLATINUM HOURS SOLUTIONS LLC and its affiliates, service providers, and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access to the Service, or (b) a breach of these Terms.
10 Limitation of Liability
10.1 UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL PLATINUM HOURS SOLUTIONS LLC OR ITS AFFILIATES OR THEIR LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE SERVICE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE SERVICE EXCEED TEN DOLLARS ($10.00).
11 Disclaimer
11.1 YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER PLATINUM HOURS SOLUTIONS LLC NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
11.2 TO THE FULLEST EXTENT PROVIDED BY LAW, PLATINUM HOURS SOLUTIONS LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
12 Exclusions
12.1 Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
13 Governing Law
13.1 These Terms shall be governed and construed in accordance with the laws of South Carolina, United States, without regard to its conflict of law provisions.
13.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
14 Cookie policy
14.1 This cookie policy ("Policy") describes what cookies are and how Website Operator ("Website Operator", "we", "us" or "our") uses them on the our website and any of its products or services (collectively, "Website" or "Services").You should read this Policy so you can understand what type of cookies we use, the information we collect using cookies and how that information is used. It also describes the choices available to you regarding accepting or declining the use of cookies. For further information on how we use, store and keep your personal data secure, see our Privacy Policy.
14.2 What are cookies?
Cookies are small pieces of data stored in text files that are saved on your computer or other devices when websites are loaded in a browser. They are widely used to remember you and your preferences, either for a single visit (through a "session cookie") or for multiple repeat visits (using a "persistent cookie").Session cookies are temporary cookies that are used during the course of your visit to the Website, and they expire when you close the web browser.Persistent cookies are used to remember your preferences within our Website and remain on your desktop or mobile device even after you close your browser or restart your computer. They ensure a consistent and efficient experience for you while visiting our Website or using our Services.Cookies may be set by the Website ("first-party cookies"), or by third parties, such as those who serve content or provide advertising or analytics services on the website ("third party cookies"). These third parties can recognize you when you visit our website and also when you visit certain other websites.
14.3 What type of cookies do we use?
Necessary cookiesNecessary cookies allow us to offer you the best possible experience when accessing and navigating through our Website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account to access the content.Functionality cookiesFunctionality cookies let us operate the Website and our Services in accordance with the choices you make. For example, we will recognize your username and remember how you customized the Website and Services during future visits.Analytical cookiesThese cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the Website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the Website.Social media cookiesThird-party cookies from social media sites (such as Facebook, Twitter, etc) let us track social network users when they visit our Website, use our Services or share content, by using a tagging mechanism provided by those social networks.These cookies are also used for event tracking and remarketing purposes. Any data collected with these tags will be used in accordance with our and social networks' privacy policies. We will not collect or share any personally identifiable information from the user.
14.4 What are your cookie options?
If you don't like the idea of cookies or certain types of cookies, you can change your browser's settings to delete cookies that have already been set and to not accept new cookies. To learn more about how to do this or to learn more about cookies, visit internetcookies.org
15 Acceptance of this policy
15.1 You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Services; By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.Please note that these Terms and Conditions, along with the provided no more than 3 days after initial purchase or subscription cancellation information, are subject to change. We recommend reviewing this page periodically for any updates.
16 Changes
16.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
15 Contact Us
15.1 If you have any questions about these Terms, please contact us by email at Enrollment@platinumhourssolutions.org. Please note that these Terms and Conditions, along with the provided no more than 3 days after initial purchase or subscription cancellation information, are subject to change. We recommend reviewing this page periodically for any updates.