Terms and Conditions
TERMS AND CONDITION
By placing an order or using this website (Platform311.com), all customers and or website users agree to all the below statements and terms of sale.
Customer Personal Affidavit
Agreement to Indemnify and Defend for Misrepresentation or Errors or Omissions
In the event that any of the above statements under the “Customer Personal Affidavit” section of these Terms and Conditions are determined to be untrue, I will release, hold harmless, indemnify, and pay to defend Platform311.com (DBA Platform311.com) and its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution.
Assumption of Shipping Liability (Read Carefully)
Even while we do our merchants do their best to ensure that your product reaches your door as quickly and as trouble-free as possible, we simply cannot guarantee that the shipping carrier (for example, UPS or FedEx or US Postal Service) will not damage or lose your product, or that once delivered, your product will not be stolen or damaged. Once your product is delivered according to the shipping carrier (for example UPS or FedEx or US Postal Service) to the address you have provided, you assume all responsibility for its safety and hereby explicitly release Platform311.com (DBA Platform311.com) from all claims, liability and responsibility thereafter.
Release of Liability and Agreement to Indemnify and Defend
While Platform311.com (DBA Platform311.com) strives to offer high quality products and excellent customer service, many of its products are designed, manufactured, and tested by other companies. Therefore, I understand and acknowledge that Platform311.com, (DBA Platform311.com) shall not be liable for any claims and/or damages, or for the breach of any warranty, express or implied, whether of merchant-ability or fitness for any purpose or otherwise, whatsoever.
I understand, acknowledge and agree that Platform311.com (DBA Platform311.com) expressly disclaims any and all liability for the accuracy of any and all information provided to me, and for how I use any and all information provided to me, by Platform311.com, and I understand and acknowledge that Platform311.com cannot be held liable for how I or anyone else uses any and all information I receive by any and all means from Platform311.com, (DBA Platform311.com). Therefore, I explicitly agree to release, hold harmless, indemnify, and pay to defend Platform311.com, (DBA Platform311.com) and its owners, agents, officers, and employees against any and all resulting damages and/or civil liability or criminal prosecution arising from or related to any and all my use of information provided by Platform311.com, (DBA Platform311.com).
By placing an order with Platform311.com, (DBA Platform311.com) I understand and acknowledge that I alone am responsible for how the product I purchased from Platform311.com, (DBA Platform311.com) is used by me and by any other party. I explicitly agree to release, hold harmless, indemnify, and pay to defend Platform311.com, (DBA Platform311.com) and its owners, agents, officers, and employees against any resulting damages and/or civil liability or criminal prosecution arising from or related to the products I have purchased, to include but not limited to the use of the product, the storage of the product, and the transportation of the product. In the event that any other party files a claim of any kind against Platform311.com, (DBA Platform311.com) I will indemnify and pay to defend Platform311.com, (DBA Platform311.com) and its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution.
Jurisdiction
In the event that I choose to file a complaint against Platform311.com, (DBA Platform311.com) or any of its owners, agents, officers, or employees, I agree that such a complaint must be filed within a court located in Shelby County, Tennessee. I agree that any complaints filed within any other jurisdiction shall be immediately removed to a court within Shelby County, Tennessee and I agree to reimburse Platform311.com, (DBA Platform311.com) and its owners, agents, officers, and employees for any costs they may each incur in defending against the complaint or effecting its removal until such time that the complaint is properly filed within a court located in White County, Arkansas.
Governing Law
I understand, agree and acknowledge that Tennessee law will govern exclusively: my purchase and use of any products from Platform311.com, (DBA Platform311.com); and or any and all information I receive from Platform311.com, (DBA Platform311.com); any legal action instituted against me by Platform311.com, (DBA Platform311.com); and any legal action that I institute, or that someone else institutes as a result of my actions, against Platform311.com, (DBA Platform311.com).
Class Action Waiver
I expressly agree that any dispute resolution proceedings, including but not limited to, litigation, arbitration, and mediation, will be conducted only on an individual basis and not in a class, consolidated, or representative action. By making this express agreement, I acknowledge and affirm that this is a knowing, voluntary, and permanent waiver of any right to bring federal, state, or local claims as any part of, or on behalf of, any class or any other individuals, before a court or other tribunal.
Shipping Destination Restrictions
I understand that Platform311.com, (DBA Platform311.com) does not ship the orders and that returns and customer service is provided by the merchant from whom the purchase was made. I also understand that to cancel my order I will have to contact the store where the purchase was made.
Order Cancellation by Customers
Our desire is to provide excellent customer service including promptly shipping of your order. If your refuse to accept delivery of any order that you placed, you agree that a full refund will not be issued to you. Instead, you agree that we can deduct the full cost of shipping the product both ways (cost to ship back is the same as the initial shipping cost to you). You also agree that the return of the remainder of the purchase price less the shipping and return shipping cost will constitute a full refund.
Order Cancellation by Platform311.com
Platform311.com, (DBA Platform311.com) reserves the option to cancel any orders where the purchaser has not abided by these Terms and Conditions. In the event that Platform311.com, (DBA Platform311.com), chooses to cancel your order, you will receive a refund of the full amount of the purchase. Platform311.com, (DBA Platform311.com) does not like canceling orders, but sometimes we must where a customer has not adhered to these Terms and Conditions. It is your responsibility to make sure that you fully understand and comply with these Terms and Conditions.
Returns
Due to the unique nature of the service we provide, the acceptance of returns for damaged or defective product is controlled by the Terms and Agreements of each individual merchant where purchase is made. Product must be returned according to each individual merchant’s policies. By using this website (Platform311.com) you agree that, No refunds will be issued by Platform311.com (DBA Platform311.com) for any merchandise returns to any merchant for any reason.
If you feel like you should be able to return your product for a reason other than it being damaged or defective product, please contact the merchant where the purchase was made and try to resolve your need or request with their customer service. By using this website Platform311.com you agree that any store credit, replacement product or refund, is at the sole discretion of the merchant where the purchase was made.
NOTE: If your product was received damaged, contact the merchant where the purchase was made and follow their guidelines and policies for damage or shortages
E-mail List
In an effort to stay in communication with Platform311.com’s customers and to inform those customers of specials, Platform311.com (D.B.A.Platform311.com) retains a list of each customer’s name and e-mail address. By using this website, I understand and agree that by entering my email information to create an account or by placing an order on Platform311.com, I explicitly authorize Platform311.com (D.B.A. Platform311.com) to send me follow-up e-mails relating to my purchase and e-mails containing information regarding other products or services that are available. I agree that, by placing an order on Platform311.com or by registering an account on Platform311.com, I am choosing to also add my name and e-mail address to the e-mail (newsletter) list maintained by Platform311.com. (D.B.A.Platform311.com). I understand that my information will be retained and used in accordance with Platform311.com Privacy Policy and that I may at any time choose to unsubscribe from any future e-mails that result from my being added to the said e-mail (Newsletter) list. Platform311.com expressly disclaims any and all liability for errors in pricing contained in e-mails and advertisements sent by Platform311.com—all prices as shown on our website are final.
Typographical Errors
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, all Merchants shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. All Merchants shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Merchant shall immediately issue a credit to your credit card account in the amount of the incorrect price
Trademarks and Copyright
I expressly acknowledge that all content on the website Platform311.com is copyrighted by Platform311.com.