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CONDITIONS OF USE
Welcome to TruPlatinum.com. Tru Platinum and its affiliates provide
their services to you subject to the following conditions. If
you visit or shop at TruPlatinum.com, you accept these conditions.
Please read them carefully. In addition, when you use any current
or future TruPlatinum.com service or visit or purchase from any
business affiliated with TruPlatinum.com, whether or not included
in the TruPlatinum.com Web site, you also will be subject to the
guidelines and conditions applicable to such service or business.
PRODUCT RETURN POICY
All product purchases purchased in the www.truplatinum.com website are subject
to the following return conditions: All refunds requests must be accompanied with a
RMA number, you may obtain a RMA number by contacting our customer service department
at Toll-Free 866-248-5032. Products may be retuned within 15-days of purchase for
for a 100% refund of the product purchase price refund minus Shipping & Handling.
Products being refunded 16 to 30 days after purchase date, are subject to a 20% restocking fee,
balance of product purchase price will be refunded minus Shipping & Handling. All purchases
are final 30-days after the original purchase date.
ELECTRONIC COMMUNICATIONS
When you visit TruPlatinum.com or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from
us electronically. We will communicate with you by e-mail or by
posting notices on this site. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of TruPlatinum.com or its content
suppliers and protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive
property of TruPlatinumCard.com and protected by U.S. and international
copyright laws. All software used on this site is the property of
TruPlatinum.com or its software suppliers and protected by United
States and international copyright laws.
TRADEMARKS
TruPlatinum.com; and other marks indicated on our site are registered
trademarks of Commonwealth Marketing Group, Inc. or its subsidiaries,
in the United States and other countries; and other TruPlatinum.com
graphics, logos, page headers, button icons, scripts, and service
names are trademarks or trade dress of TruPlatinum.com or its subsidiaries.
TruPlatinum.com trademarks and trade dress may not be used in connection
with any product or service that is not TruPlatinum.com's, in any
manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits TruPlatinum.com. All other
trademarks not owned by TruPlatinum.com or its subsidiaries that
appear on this site are the property of their respective owners,
who may or may not be affiliated with, connected to, or sponsored
by TruPlatinum.com or its subsidiaries.
LICENSE AND SITE ACCESS
TruPlatinum.com grants you a limited license to access and make
personal use of this site and not to download (other than page caching)
or modify it, or any portion of it, except with express written
consent of TruPlatinum.com. This license does not include any resale
or commercial use of this site or its contents; any collection and
use of any product listings, descriptions, or prices; any derivative
use of this site or its contents; any downloading or copying of
account information for the benefit of another merchant; or any
use of data mining, robots, or similar data gathering and extraction
tools. This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of TruPlatinum.com.
You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text,
page layout, or form) of TruPlatinum.com and our affiliates without
express written consent. You may not use any meta tags or any other
"hidden text" utilizing TruPlatinum.com's name or trademarks without
the express written consent of TruPlatinum.com. Any unauthorized
use terminates the permission or license granted by TruPlatinum.com.
You are granted a limited, revocable, and nonexclusive right to
create a hyperlink to the home page of TruPlatinum.com so long as
the link does not portray TruPlatinum.com, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any TruPlatinum.com logo or other
proprietary graphic or trademark as part of the link without express
written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities
that occur under your account or password TruPlatinum.com does sell
products for children, but it sells them to adults, who can purchase
with a credit card. If you are under 18, you may use TruPlatinum.com
only with involvement of a parent or guardian. TruPlatinum.com and
its affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards
and other communications; and submit suggestions, ideas, comments,
questions, or other information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing
of intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters,
mass mailings, or any form of "spam." You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead
as to the origin of a card or other content TruPlatinum.com reserves
the right (but not the obligation) to remove or edit such content,
but does not regularly review posted content.
If you do post content or submit material, and unless we indicate
otherwise, you grant TruPlatinum.com and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sub-licensable right
to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the
world in any media. You grant TruPlatinum.com and its affiliates
and sublicensees the right to use the name that you submit in connection
with such content, if they choose. You represent and warrant that
you own or otherwise control all of the rights to the content that
you post; that the content is accurate; that use of the content
you supply does not violate this policy and will not cause injury
to any person or entity; and that you will indemnify TruPlatinum.com
or its affiliates for all claims resulting from content you supply.
TruPlatinum.com has the right but not the obligation to monitor
and edit or remove any activity or content. TruPlatinum.com takes
no responsibility and assumes no liability for any content posted
by you or any third party.
RISK OF LOSS
All items purchased from TruPlatinum.com are made pursuant to a
shipment contract. This means that the risk of loss and title for
such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
TruPlatinum.com and its affiliates attempt to be as accurate as
possible. However, TruPlatinum.com does not warrant that product
descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by TruPlatinum.com
itself is not as described, your sole remedy is to return it in
unused condition.
OTHER BUSINESSES
Parties other than TruPlatinum.com and its subsidiaries operate
stores, provide services, or sell product lines on this site. In
addition, we provide links to the sites of affiliated companies
and certain other businesses. We are not responsible for examining
or evaluating, and we do not warrant the offerings of, any of these
businesses or individuals or the content of their Web sites. TruPlatinum.com
does not assume any responsibility or liability for the actions,
product, and content of all these and any other third parties. You
should carefully review their privacy statements and other conditions
of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY TRUPLATINUM.COM ON AN "AS IS" AND "AS AVAILABLE"
BASIS. TRUPLATINUM.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR
THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS
SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRUPLATINUM.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. TRUPLATINUM.COM DOES NOT WARRANT THAT THIS
SITE, ITS SERVERS, OR E-MAIL SENT FROM TRUPLATINUM.COM ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRUPLATINUM.COM WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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.
APPLICABLE LAW
By visiting TruPlatinum.com, you agree that the laws of the state
of California, without regard to principles of conflict of laws,
will govern these Conditions of Use and any dispute of any sort
that might arise between you and TruPlatinum.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to TruPlatinum.com
or to products you purchase through TruPlatinum.com shall be submitted
to confidential arbitration in Orange County, California, except
that, to the extent you have in any manner violated or threatened
to violate TruPlatinum.com's intellectual property rights, TruPlatinum.com
may seek injunctive or other appropriate relief in any state or
federal court in the state of California, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement
shall be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be binding
and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these
Conditions of Use at any time. If any of these conditions shall be
deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the validity and enforceability
of any remaining condition. |
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