TERMS AND CONDITIONS
Last Updated August 06, 2020
The use of this site constitutes acceptance of our Terms and Conditions as outlined below.
Please note that these Terms and Conditions apply to the web site www.platinumathleticcollections.com, including all associated web pages, interactive features, applications, blogs, social networks, and other online sale pages related to platinum athletic collections. We advise that you carefully read the following because, by using this site, you have agreed to all Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use, or purchase any item from this site. We reserve the right at any time without notice to the public; to modify, alter or update these Terms and Conditions. By using this site, you agree to be bound by such modifications, alterations, or updates.
SITE CONTENT
The entire content of this website, including displayed products, artwork, apparels, designs, graphics, images, and software are either owned or operated by PLATINUM ATHLETIC COLLETIONS, USA (herein thereafter referred to as PLATINUM ATHLETICS). These tangible and intangible items carry our registered trademark, LXXVIII and its several derivatives such as P78 as protected by the United States Patency and Trademark Office (USPTO). The Content of this site is solely meant for e-commerce business with online sales to individuals for personal and noncommercial reasons. Downloading any Content from this Site, modification or copyright is strictly prohibited. No right, title or interest in any materials or software, if applicable, on this Site is transferred to you from your use of this Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit it in any way, whole or in part, the Content of this Site, or any related software. We prohibit crawling, scraping, caching or otherwise accessing any content on the Site via automated means, including but not limited to, prices and images (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).
BRIEF GENERALITIES AND OVERVIEW OF PLATINUM ATHLETIC COLLECTIONS
PLATINUM ATHLETIC COLLECTIONS is a 100% Online store for Hoodies, gym outfits, leggings, sports bra, NBA style shorts, and T-Shirts. We also make casual clothes like track suites and button-down sweaters. We are founded on the basic human need of exclusivity with an intent to make our customers and club members stand out with our merchandize. Our brand name PLATINUM was chosen to reflect the rarity of the metal that bears the same name, which is metaphorically used to imply an elite or king status. The atomic number of Platinum is 78, which when written in Roman Numeral is LXXVIII. To create an endless possibility of design styles that meet our goal of exclusivity, we have several derived marks that include P78, P LXXVIII, 78 King ICON, Metal face ICON, Platinum DRAGON ICON, PA X 78 ICON, CROSSED DUMBELL ICON and two Platinum Athletic College ICONS. Our main logo is a battle shield crest containing the block letter P with a cap standing on the mark LXXVIII surrounded by 3 stars with the slogan: class and style for elites. All our marks and styles are trademarked with the USPTO (United States Patent and Trademark Organization) and protected by copyright laws.
We will operate a paid club membership access that will include 3 different categories: Silver, Gold and Platinum. Membership class will be based on email registration, a subscription plan or accrued point system. The sole purpose of membership is to reward VIP members with discount benefits, free shipping and returns, access to wheel of fortune, as well as access to restricted products and apparels.
We will process all orders via online payments and subsequent refunds will be credited only to the card used for purchase.
Our shipping will be mainly via USPS with tracking number for all shipment. The customer is responsible to keep track of merchandize that has already shipped until delivery. All liabilities on shipped out products will be directed to USPS or other shipping agency. PLATINUM ATHLETIC COLLECTIONS will take no responsibility of damaged items that have already shipped.
WEBSITE ACCESS AND CREDENTIALS
Access to this website is permitted to intended customers and club members with active accounts. We reserve the right to withdraw or amend any services without notice if we deem it necessary. We will not be liable if for any reason this website is unavailable to you at any time or for any period. From time to time, we may restrict access to some parts or all the Website at our discretion.
To access certain services on the Website, you will be required to provide specific information. If you are a minor, you must obtain the consent of your parent or legal guardian to use the Website and agree to these Terms. You hereby agree to provide truthful information and that you will not use any aliases or other means to mask your identity. You are responsible for the security of your passwords and will be solely liable for any use or unauthorized use of the Website under such passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.
PLATINUM CLUB MEMBERSHIP
The Platinum Club Membership is open to all legal residents of the United States (including the District of Columbia, Puerto Rico and Guam) without any discrimination based on sex, gender, sexual orientation, ethnicity or race, who have reached the legal age of majority and over in their jurisdiction of residence at the time of entry, and maintain a valid electronic mail (email) address. There are three member categories as follows:
- Silver : Requires e-mail registration for entry, no subscription fees
- Gold : Requires accrued points or subscription fees
- Platinum : Requires accrued points or subscription fees
The points accrued are forfeited with transition from one-member category to the next. For example, if a silver member meets the milestone points to become a Gold member, the equivalent milestone points are deducted from the account. As a Member of the 78 club, you have a responsibility to keep track of your accrued points and only take advantage of the benefits assigned to your category. In addition, you agree to provide PLATINUM ATHLETICS with accurate, current, and complete information, and agree to update this information as it changes to maintain your eligibility for the Club membership.
Any failure on your part to act in accordance with this obligation and/or the Club Terms & Conditions will be considered by PLATINUM ATHLETICS to be a breach of the Clubs Terms and Conditions. Members consent to PLATINUM ATHLETICS accumulation, retention, and use of all information acquired resulting from their purchase or participation in the Club. The Club and participation therein is void where prohibited by law or where PLATINUM ATHLETICS would be obligated to apply for any special license, bonding, permit, or other government regulatory approval relating to the Club. All references to dollar shall mean United States dollars.
The PLATINUM Club offers assigned benefits (see club membership page) to new members of each category upon completion of their member profile, meeting accrued milestone points or paid the subscription fees. Some of these benefits like discounts will be immediate while others will be ongoing if the account remains active. A welcome letter will be issued by email and or mail with a list of all the respective club benefits.
Members may not use multiple offers to make a purchase. The Club offers are valid as indicated on each offer. PLATINUM ATHLETICS is not responsible for lost or stolen offers on merchandize to member inbox. Please add sales@platinumathleticcollections.com and support@platinumathleticcollections.com into your personal email address book to help ensure delivery into your email inbox.
For discounted items, all sales are FINAL. No returns or exchanges will be permitted on discounted merchandize under any circumstance except where stated as assigned club member discount. In the case of non-assigned club member discounts, only PLATINUM and GOLD members qualify for free returns and exchanges. Assigned club member discounts are part of membership benefits in each category and they include 10% discount on the first 3 purchases for Silver members, 10% lifetime discount for Gold members and 20% lifetime discount for Platinum members. All these discounts pertain only to active accounts. Non-assigned member discounts are extra discounts that are offered through seasonal sales, wheel of fortune winnings, use of promo codes and other types of discounts that are not included in the definition of assigned club-member benefits. Offers are void if sold, duplicated, or reproduced, and where prohibited.
Communication & Privacy By enrolling in the Club, you agree that receiving communications via email is a condition of continued participation. Further, you agree that PLATINUM ATHLETICS may send you mail and email communications regarding the Club. If you choose to discontinue email communications you may do so by contacting Customer Service, or by unsubscribing via the “unsubscribe here” link on all emails. However, you agree that discontinuation of email communication may result in the loss of future Club offers, as email is the primary method Club offers are issued other than the new member offer. To protect the integrity of the Club, we regularly screen activity which occurs in connection with our Members’ accounts and will notify you using the email address you provided in connection with your account if we notice any suspicious activity.
In reference to changes to Terms & Conditions, PLATINUM ATHLETICS reserves the right, in its sole discretion, to modify, add or delete any of the Club rules, terms, conditions, or benefits, in whole or in part, at any time, with or without notice, even though such changes may reduce (or increase) the value of the Club offers or an individual’s benefits, except where prohibited by law. Continued participation in the Club constitutes acceptance of any modifications, additions, or deletions. All questions and interpretations concerning the Club Terms and Conditions shall be resolved at the sole discretion of PLATINUM ATHLETICS and, by joining the Club, participants expressly agree to be bound by PLATINUM ATHLETICS decisions.
In reference to Club Termination, the Club has no pre-determined termination date, and may continue until at its sole discretion, designates a termination date. PLATINUM ATHLETICS has the right to end the Club at any time without providing written notice to participants. PLATINUM ATHLETICS reserves the right in its sole discretion to suspend, terminate or refuse your current and/or future rewards or Club membership if it believes any breach of the Club Terms & Conditions has occurred. Any rewards that are based on false or fraudulent information or activity are subject to forfeiture.
In reference to club limitations, PLATINUM ATHLETICS is not responsible for failures or malfunctions of computer or data transmission systems; interrupted or unavailable network, server, or other connections; or any technical problem in connection with the Club, Club administration or Club offers issuance. PLATINUM ATHLETICS reserves the right, in its sole discretion, to void rewards of any Member who it believes has attempted to tamper with, influence or impair the administration, security or fairness, of the Club.
CAUTION: ANY ATTEMPT BY A MEMBER TO UNDERMINE THE LEGAL OPERATION OF THE CLUB MAY BE CONSIDERED AS VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PLATINUM ATHLETICS RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH MEMBER TO THE FULLEST EXTENT OF THE LAW.
By participating, you agree that (1) any and all disputes, claims, and causes of action arising out of or connected with the Club, or any rewards awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and shall not include any punitive, consequential or other damages, including costs associated with entering the Club but in no event attorneys’ fees; and (3) under no circumstances will any Member be permitted to obtain any award for, and Member hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of members of PLATINUM ATHLETICS shall be determined by PLATINUM ATHLETICS in its sole and absolute discretion. These rules shall be governed by, and construed in accordance with the laws of the club member’s state of residence without giving effect to any choice of law or conflict of law, rules or provisions that would cause the application of the laws of any jurisdiction other than the State law. Any legal proceedings arising out of the Club shall be instituted only in the federal or state courts located in the State of the club member, and members consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating hereto.
Cancel Your Membership: You may cancel your Club membership at any time by logging onto your account page and selecting the cancel active subscription. Cancellation automatically leads to forfeiture of any assigned member category benefits and subscription fees for that billing period that is already paid. PLATINUM ATHLETICS reserves the right to cancel your membership at any time at its sole discretion.
PURCHASES
Products offered for sale and services available on the Site are for personal use only, not for re-sale. We reserve the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe, in our sole discretion, would violate any of our business practices, applicable laws or policies.
By placing an order, you are offering to purchase a product on and subject to these Terms. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which PLATINUM ATHLETICS will not be responsible.
To purchase any product or service through the Website, you may be asked to supply certain information, such as your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Purchase. By submitting such information, you grant PLATINUM ATHLETICS the right to provide such information to third parties for purposes of facilitating the completion of Purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Purchase.
You agree that by placing an order on the Website, you are entering into a binding contract with PLATINUM ATHLETICS and agree to pay all charges that may be incurred by you or on your behalf through the website, at the price(s) in effect when such charges are incurred, including all shipping and handling charges and any applicable taxes. Shipment dates are estimates and not guaranteed.
While PLATINUM ATHLETICS tries to ensure that all details, descriptions, and prices which appear on this website are accurate, errors may occur. Taxes may vary depending on applicable laws. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
RETURNS
Please see Club membership section and the returns section for more information. All returns must be in accordance of our company policies described in these sections.
OWNERSHIP OF INTELLECTUAL PROPERTY
All trademarks, service marks and trade names on this Site, including without limitation, the main shield logo, the LXXVIII mark and other company logo ICONS as described in PLATINUM ATHLETICS generalities are proprietary to PLATINUM ATHLETIC COLLECTIONS, USA. No use of these may be made without prior, written authorization of PLATINUM ATHLETIC COLLECTIONS. No license is granted with respect to these intellectual property rights. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
PROHIBITIONS
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and PLATINUM ATHLETICS will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
PLATINUM ATHLETICS will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, PLATINUM ATHLETICS and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law, or otherwise. This does not affect PLATINUM ATHLETICS liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
INDEMNIFY
You agree to indemnify, defend and hold harmless PLATINUM ATHLETICS, its owners, staffs, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
BINDING ARBITRATION WITH CLASS ACTION WAIVER
Arbitration: Any Dispute between you and PLATINUM ATHLETICS shall be resolved through individual arbitration. The term “Dispute” shall be interpreted as broadly as permitted under the law and shall cover any claim or controversy, related to us or our relationship including but not limited to, any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, misrepresentation, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these or any prior Terms of Use; (3) claims that arise after the termination of these Terms of Use; and (4) claims that are the subject of purported class action litigation. Notwithstanding the forgoing, either you or DSW may elect to have a Dispute heard (1) in small claims court on an individual basis if the amount in controversy is properly within the jurisdiction of an appropriate small claims court. or (2) in a court of competent jurisdiction to seek to enjoin infringement or other misuse of intellectual property rights.
The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll free number (1-800-778-7879). You may deliver any required or desired notice to us by email to support@platinumathleticcollections.com.
This arbitration provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify us about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this arbitration provision and the AAA rules, this arbitration provision shall govern. If the AAA will not administer a proceeding under this arbitration provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this arbitration provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute. Unless you and we agree otherwise, any arbitration hearing will take place at a location convenient to you. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary, for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
Payment of filing and other fees shall be governed by the AAA’s Consumer Arbitration Rules. For purposes of determining whether a claim or counterclaim was filed for purposes of harassment or is patently frivolous, the arbitrator may consider whether a party had previously offered full relief to the other party, including, but not limited to, a full refund of the sum paid for items purchased.
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER PLATINUM ATHLETICS CUSTOMERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION PROVISION SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.
If for any reason a claim may proceed in court rather than in arbitration, the parties waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
This arbitration provision shall survive any termination of these Terms of Use. Any amendments to this arbitration provision shall be prospective only and shall not affect any pending claim or arbitration proceeding.
APPLICABLE LAW
The law applicable to the interpretation and construction of these Terms of Use in any arbitration, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the Governing State.
For issues or questions related to the Site or these Terms and Conditions, please email us at support@platinumathleticcollections.com.
