Thank you for visiting the
NATIONAL PLATINUM™ Members website located at http://shopping.nationalplatinum.com (the
“Website”). The Website is an Internet property of NATIONAL PLATINUM™
(“NATIONAL PLATINUM™,” “we,” “us”). You agree to the following NATIONAL PLATINUM™
Member Website Terms and Conditions (the “Terms and Conditions”), in their
entirety, when you: (a) access or use the Website; and/or (b) register to
purchase products and/or services from the list of available merchandise on the
Website (collectively, “Listed Products”) using your NATIONAL PLATINUM™ charge
account (“Account”). The Agreement
is inclusive of the NATIONAL PLATINUM™ Terms and Conditions, NATIONAL PLATINUM™
Privacy Policy and any and all other applicable NATIONAL PLATINUM™ operating
rules, policies, price schedules and other supplemental terms and conditions or
documents that may be published from time to time, which are expressly
incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. You
agree to the terms and conditions set forth in the Agreement with respect to
your use of the Website, Account and/or Listed Products. If you do not agree
to the terms and conditions contained within the Agreement in its entirety, you
are not authorized to register to purchase Listed Products and/or use the
Website in any manner or form whatsoever.
1. Modification of
Agreement. The Agreement constitutes the entire agreement between you and
NATIONAL PLATINUM™ and supersedes all prior or contemporaneous agreements,
representations, warranties and/or understandings with respect to the Website,
Account and/or Listed Products. We
may amend the Agreement from time to time, in our sole discretion, without
specific notice to you; provided, however, that: (a) any amendment or
modification to the arbitration provisions, prohibition on class actions
provisions or any other provisions applicable to dispute resolution
(collectively, “Dispute Resolution Provisions”) shall not apply to any disputes
incurred prior to the applicable amendment or modification; and (b) any
amendment or modification to pricing and/or billing provisions (“Billing
Provisions”) shall not apply to any charges incurred prior to the applicable
amendment or modification. The
latest Agreement will be posted on the Website, and you should review the
Agreement prior to each use of the Website, Account and/or Listed Products. By
your continued use of the Website, Account and/or Listed Products, you hereby
agree to all the terms and conditions contained within the Agreement in effect
at that time (other than with respect to disputes arising prior to the
amendment or modification of the Dispute Resolution Provisions, or charges
incurred prior to the amendment or modification of the Billing Provisions,
which shall be governed by the Dispute Resolution Provisions and/or Billing
Provisions then in effect at the time of the subject dispute or incurred
charges, as applicable). Therefore, you should regularly check this page for
updates and changes.
2. Disclaimers. NATIONAL
PLATINUM™ IS NOT A CREDIT SERVICES ORGANIZATION, FINANCIAL OR BANKING
INSTITUTION, NOR IS IT AFFILIATED WITH ANY CREDIT SERVICES ORGANIZATION,
FINANCIAL OR BANKING INSTITUTION. NATIONAL PLATINUM™ IS NOT A CREDIT CARD AND
THE NATIONAL PLATINUM™ ACCOUNT IS NOT A CREDIT CARD ACCOUNT. A NATIONAL
PLATINUM™ ACCOUNT IS A LINE OF CREDIT THAT CAN BE USED BY AN ACCOUNT HOLDER TO
SHOP EXCLUSIVELY AT THE WEBSITE. THERE ARE DOWN PAYMENT REQUIREMENTS FOR MOST
PURCHASES AT THE WEBSITE. NATIONAL PLATINUM™ DOES NOT FACILITATE, NOR PROVIDE
ASSITANCE, IN OBTAINING CREDIT FROM ANY OTHER CREDIT-ISSUING ENTITIES. NATIONAL
PLATINUM™ DOES NOT CHARGE AN ADVANCED FEE TO ESTABLISH CREDIT, NOR DOES NATIONAL
PLATINUM™ ATTEMPT, OR CLAIM TO ATTEMPT, TO ESTABLISH, RE-ESTABLISH OR REPAIR
ANY CUSTOMER CREDIT HISTORY.
3. Requirements. The Website is available only to individuals
(“Visitors”): (a) with the requisite equipment and Internet connection to access the Website; (b) that are at
least eighteen (18) years of age; and (c) that can enter into legally binding contracts under applicable law. To purchase any Listed Products on the Website,
you must first become a member (“Member”) and obtain an Account. In order to obtain an Account, you must
comply with the foregoing requirements, submit an application to NATIONAL PLATINUM™
here and possess a valid and active U.S. checking or savings
bank account. There are no credit checks, income requirements or employment
requirements to obtain an Account. You do not need a social security number to obtain
an Account and there are no residency requirements. U. S. citizenship is not
required. There are also no restrictions applicable to those with past
bankruptcy history.
4. Account. The Website and Account are part of an
online merchandise shopping service. All purchase payments for Listed Products
on the Website must be made through an Account. When your new Account is activated,
NATIONAL PLATINUM™, you will receive a $10,000 line of credit to spend
exclusively on Listed Products available on the Website. Your Account and line of credit will not
work at any other website and has no value other than at the Website. You can access your Account at the Website
using your user name and password (“Login”), and change your Login at your
discretion. You are responsible for
maintaining the confidentiality of your Account and Login, as well as for
restricting access to same. You agree to accept responsibility for
all activities that occur through use of your Account and Login including,
without limitation, any and all purchases made therethrough.
5. Listed Products. Only Account holders that are in good
standing may make Listed Product purchases at the Website and receive
additional Account holder benefits. The Listed Products featured and/or
displayed on the Website: (a) are provided by the applicable manufacturer,
distributor or retailer (“Listed Product Manufacturer”); and (b) contain
descriptions that are based on descriptions provided by such Listed Product
Manufacturer. As a result, we have no control over: (i) the quality, safety or
legality of the Listed Products; (ii) the truth or accuracy of the descriptions
of the Listed Products; or (iii) the ability of the applicable Listed Product
Manufacturer to fulfill the representations made in connection with the
descriptions of the merchandise. We do not represent or warrant that the Listed
Products or that the descriptions of the Listed Products are accurate or
complete. Do not assume that the offer, sale, purchase, export or import of any
Listed Product is valid and legal simply because it is featured on the Website. You accept sole responsibility for the
legality of your actions under laws applying to you. Warranty claims, requests for technical
or customer support, and returns for malfunction or damage to items must be
communicated to the applicable Listed Product Manufacturer and not to us.
Listed Products featured on
the Website are subject to availability and we may change or remove a Listed
Product at any time without notice and may also change the price associated
with a particular Listed Product.
You understand and agree that NATIONAL PLATINUM™ is
not responsible or liable in any manner whatsoever for your inability to use
the Website, your Account or the Listed Products, or for any dispute between
you and any Listed Product Manufacturers.
Trademarks associated with
any of the Listed Products are the intellectual property of their respective
owners, and mention or display of the trademarks does not indicate endorsement,
sponsorship or affiliation by the trademark owners of or with
us or any of our promotions.
6. Shipping. When you purchase and pay for a Listed
Product, the Listed Product will be shipped via a carrier of our choosing. Our shipping and handling rates vary
based on the size and weight of the shipped Listed Product, as well as the cost
associated with the Listed Product.
Additional shipping charges may apply for shipments to Alaska and
Hawaii. If the Listed Product is in
stock, we will use commercially reasonable efforts to ship within five (5)
business days. Some Listed Products
may be delayed in shipping depending on availability and other circumstances. Please click here for a
schedule of shipping and handling rates.
All required shipping charges
must be made via credit card, certified check
or money order check prior to our processing your Listed Product order. All payments should
be mailed to:
National
Platinum
5401-A South Blvd.
Box 161
Charlotte, N.C. 28217-2741
7. Down Payments. You understand
that your Account is being issued with no credit check or investigation and, as
a result of this, you will be required to make a down payment for most Listed
Product purchases (approximately sixty-five percent (65%) of the total cost,
depending on the Listed Product, although higher down payments may be required).
However, there are certain items
available which require no down payment. All
required down payments must be made via credit card, certified check
or money order check prior to our processing your Listed Product order. All payments should
be mailed to the address set forth in Section 6 above.
8. Purchases and Monthly Billing. You will be billed each month for charges
made to your Account, and a copy of the billing statement will be sent to the
mailing address associated with your Account. You agree to pay at least the minimum
payment amount shown on each monthly billing statement. All payments must be made via credit
card, certified check or money order check and must be received by NATIONAL
PLATINUM™ on or before the due date indicated on the billing statement. All
payments should be mailed to the address set forth in Section 6 above.
9. Application of Payments Received.
Payments received are always
applied to any unpaid balance first. Payments are applied toward Listed Product
purchases in the same order that they were made, older purchases first.
10. Minimum Monthly Payment. The minimum monthly payment for any given
month (as long as your Account shows an outstanding balance) is the greater of:
(a) ten percent (10%) of the Account
balance owed immediately following any Listed Product purchase made through
your Account; or (b) Ten Dollars ($10.00). The minimum monthly payment does not
automatically decrease as your Account balance decreases. Notwithstanding the foregoing, should
your new Account balance be less than Ten Dollars ($10.00), the minimum payment
due will be the total amount of the new Account balance. Your Account will be considered in
default status if: (i) you fail to pay the minimum monthly payment when due; or
(ii) you breach any of the terms and conditions of the Agreement. If your
Account is in default, in compliance with applicable law, NATIONAL PLATINUM™
may: (A) demand that you immediately pay the entire unpaid balance on your
Account; (B) apply monies received on subsequent Listed Product purchases to
any delinquent Account balance owed; and/or (C) proceed with legal action to
collect any unpaid amounts.
11. Taxes. Depending on your state of residence,
where the item is shipped from and other factors, you may be charged sales tax
on Listed Products purchased from the Website.
12. Return and Refund
Policy. All Listed Products
featured on the Website come with a 100% full replacement warranty. No cash refunds on merchandise purchases
will be given. However, a credit to your Account of the amount of the Listed
Product purchased will be given in the event that there is no available
replacement Listed Product or you do not wish to receive a replacement Listed
Product.
13. Good Standing Requirement.
You understand that you must
maintain your Account in good standing by making at least the minimum monthly
payments on time. If your Account
is in default status, you understand that your Account privileges and benefits
may be suspended and/or terminated until you have re-established a consistent
pattern of on-time monthly minimum payments.
14. Account Cancellation. If you wish to cancel your Account you
may do so at any time by contacting us and making a cancellation request. This may be done by
calling us at 800-972-8094 between the hours of 9 A.M. and 5 P.M. (EST) Monday
through Friday, excluding holidays. This request must
be made by the Account holder of record only and this information will
be verified by us. There will be no
refunds of fees already collected.
15. License Grant. As
a Visitor to the Website or an Account holder, you are granted a non-exclusive,
non-transferable, revocable and limited license to access and use the Website
(and its associated content) in accordance with the Agreement. NATIONAL PLATINUM™ may terminate this
license at any time for any reason. You may use the Website on one computer
for your own personal, non-commercial use. No part of the Website, the Listed
Products and/or Account may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone,
rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer
the Website (and its associated content), the Listed Products, your Account
and/or any portion thereof. NATIONAL
PLATINUM™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or
routine to interfere or attempt to interfere with the proper working of the
Website, the Listed Products and/or your Account. You may not take any action that imposes
an unreasonable or disproportionately large load on the NATIONAL PLATINUM™
infrastructure.
Your right to use the
Website, purchase the Listed Products and/or use your Account including,
without limitation, your Login, is non-transferable. For security reasons,
NATIONAL PLATINUM™ will not release passwords for any reason, other than to the
applicable Account holder, except as may be specifically required by law or
court order. Unauthorized access to
the Website and/or an Account is a breach of the Agreement and a violation of
applicable law.
16. Proprietary Rights.
The content, organization,
graphics, design, compilation, magnetic translation, digital conversion,
software and other matters related to the Website, Listed Products and/or your
Account are protected under applicable copyrights, trademarks and other
proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or
publication by you of any part of the Website, Listed Products and/or your
Account is strictly prohibited. You do not acquire
ownership rights to any content, document, software, service or other materials
viewed at or through the Website and/or your Account. The posting of information or material at
the Website by NATIONAL PLATINUM™ does not constitute a waiver of any right in
such information and/or materials.
17. Privacy Policy. Use of the Website and/or your Account is
subject to our Privacy Policy, which is hereby incorporated into, and made part
of, the Agreement. We reserve the
right, and you authorize us, to use and assign all information regarding your
Website, Listed Product purchases and other Account activity, as well as any
and all other personal information provided by you, in any manner consistent
with our Privacy Policy.
18. Editing, Deleting and
Modification. We reserve the
right, in our sole discretion, to edit and/or delete any documents, information
or other content appearing on the Website, the Service and/or your Account at
anytime, without notice to you.
19. Indemnification. You agree to indemnify, defend and hold
NATIONAL PLATINUM™, its owners, and each of their respective officers,
partners, members, employees, agents and attorneys (each a "Covered
Party"), harmless against any and all liabilities, claims, actions, suits,
proceedings, judgments, fines, damages, costs, losses and expenses (including
reasonable attorneys' fees, administrative costs and/or settlement costs)
arising from: (a) your breach of the Agreement; (b) any disputed between you
and any Listed Product Manufacturer; and/or (c) your use of the Website, the Listed
Products and/or your Account, in any manner whatsoever.
20. Disclaimers and
Limitations. THE WEBSITE, YOUR
ACCOUNT AND THE LISTED PRODUCTS ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A
PARTICULAR PURPOSE). THE WEBSITE,
YOUR ACCOUNT AND THE LISTED PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. NATIONAL PLATINUM™
AND THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR
INABILITY TO USE, THE WEBSITE, YOUR ACCOUNT AND THE LISTED PRODUCTS. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, NATIONAL PLATINUM™ AND THE COVERED PARTIES ARE NOT LIABLE TO YOU
AND/OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A
FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN NATIONAL PLATINUM™ AND
YOU. THE WEBSITE, YOUR ACCOUNT AND THE
LISTED PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE WEBSITE, YOUR ACCOUNT, ANY LISTED PRODUCT MANUFACTURERS AND THE LISTED
PRODUCTS SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT
EXPRESSLY STATED IN THE AGREEMENT.
ALL RESPONSIBILITY AND/OR
LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES AND/OR WORMS CONTAINED WITHIN AN
ELECTRONIC FILE AVAILABLE AT THE WEBSITE AND/OR THROUGH YOUR ACCOUNT IS DISCLAIMED.
YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL DOWNLOADED, OBTAINED OR OTHERWISE ACCESSED THROUGH THE USE OF THE
WEBSITE AND/OR YOUR ACCOUNT IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN
RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
MAY RESULT FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
OUR MAXIMUM LIABILITY TO YOU
UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE LOWEST PURCHASE PRICE THAT
YOU HAVE PAID FOR ANY SINGLE LISTED PRODUCT. NOTWITHSTANDING THE FOREGOING, NATIONAL
PLATINUM™ SHALL NOT BE LIABLE TO YOU FOR ANY SERVICE, GOODS OR INFORMATION
AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE AND/OR
THROUGH YOUR ACCOUNT.
21. Third
Party Websites. The
Website may provide, and/or third parties may provide, links to other Internet
websites and/or resources including, without limitation, those operated by
Listed Product Manufacturers. Because
NATIONAL PLATINUM™ has no control over such third party websites and/or resources,
you hereby acknowledge and agree that NATIONAL PLATINUM™ is not responsible for
the availability of such third party websites and/or resources. Furthermore, NATIONAL PLATINUM™ does not
endorse, and is not responsible or liable for, any terms and conditions,
privacy policies, content, advertising, products and/or other materials at or
available from such third party websites or resources, or for any damages
and/or losses arising there from.
22. Equipment. You shall be responsible for obtaining and
maintaining all telephone, computer hardware and any other equipment needed to
access and/or use the Website and/or your Account, as well as any and all
charges related thereto.
23. Dispute Resolution
Provisions. The Agreement shall
be treated as though it were executed and performed in New York, New York and
shall be governed by and construed in accordance with the laws of the State of
New York (without regard to conflict of law principles). Should a dispute arise concerning the
terms and conditions of the Agreement, or the breach of same by either party
hereto, the parties agree to submit their dispute for resolution by arbitration
before the American Arbitration Association in New York City, in accordance
with the then current Commercial Arbitration Rules of the American Arbitration
Association. Any award rendered
shall be final and conclusive to the parties and a judgment thereon may be
entered in any court of competent jurisdiction. Nothing herein shall be
construed to preclude any party from seeking injunctive relief in order to
protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree
that you will not bring, join or participate in any class action lawsuit as to
any claim, dispute or controversy that you may have against NATIONAL PLATINUM™
and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive
relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and
court costs that NATIONAL PLATINUM™ incurs in seeking such relief. This provision preventing you from
bringing, joining or participating in class action lawsuits: (a) does not
constitute a waiver of any of your rights and remedies to pursue a claim
individually and not as a class action in binding arbitration as provided
above; and (b) is an independent agreement.
24. Miscellaneous. Should
any part of the Agreement be held invalid or unenforceable, that portion shall
be construed consistent with applicable law and the remaining portions shall
remain in full force and effect. To
the extent that anything in or associated with the Website, Listed Products
and/or your Account is in conflict or inconsistent with the Agreement, the
Agreement shall take precedence. Our
failure to enforce any provision of the Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision. The parties do not intend that any agency
or partnership relationship be created through operation of the Agreement.
25. Contact Us. If you have any questions pertaining to
these Terms and Conditions, your Account, the Website or the Agreement, you can
call us at 800-972-8094 between the hours of 9 A.M. and 5 P.M. (EST) Monday
through Friday; e-mail us at service@nationalplatinum.com;
or send us mail to: NATIONAL PLATINUM, 5401-A South Blvd. Box 161 Charlotte,
N.C. 28217-2741.
REV.NP012611