TERMS OF USE

IMPORTANT INFORMATION –PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. (defined below), which governs your use of Products (defined below) obtained by purchase through this website at WWW.PLATTASSOCIATES.COM, or any related domains or subdomains (the “Site”).  In these Terms, the use of the words “you” and “your” refer to each individual user who may interact with this site, and “we,” “us,” and “our” refer to MARK W. PLATT & ASSOCIATES, doing business as DBA PLATT ASSOCIATES INC.

“Products” referred to by these Terms include but are not limited to contract forms, templates, communications, workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. All such Products are the intellectual property of and are owned by MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC.

By purchasing any Product, you agree to be bound by these Terms without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue the use of MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC Products immediately. Understand that by using the Site, any Products, services, or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

MARK W. PLATT & ASSOCIATES, doing business as PLATT ASSOCIATES INC. is a resource THAT PROVIDES PROFESSIONAL QUALITY HEAVY HAUL, FREIGHT FOR FLATBEDS, STEP-DECKS, POWER ONLY (TOWAWAYS), REMOVABLE GOOSENECKS, OVER-DIMENSIONAL AND SPECIALIZED FREIGHT SERVICE ACROSS THE UNITED STATES AND CANADA. PLATT ASSOCIATES HANDLES INTRA- AND INTERSTATE LANES IN THE CONTIGUOUS 48 STATES AND CANADA. CUSTOMERS HAVE THEIR OWN DEDICATED SERVICE AGENT, AND PLATT & ASSOCIATES OFFER EMAIL INVOICING AND QUICK PAY TO OUR CARRIERS.

PRIVACY POLICY

MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. permits you to control the management of your personal information and invites you to read the complete statement of its current Privacy Policy available here, which is incorporated herein by reference.

MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. will only collect and otherwise access the information you voluntarily provide via email or through other direct contact initiated by you. MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. will not sell or otherwise distribute this information to any other individual or entity except its duly authorized agents, contractors, and other third parties that assist it in its business operations. MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. is the sole manager of such information collected on the Site. MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. will use such information to respond to you as necessary. You grant MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish, and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

AFFILIATE LINKS

Links on the Site may be affiliate links controlled by parties other than MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. to help support the maintenance of the Site. MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. does not assume responsibility for or endorse any contents, products, services, or use of any of these affiliate Sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. from any loss or damage incurred from dealing with such affiliates.

INTELLECTUAL PROPERTY LICENSE

MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others);  (b) any Products and portions, therefore; (c)  all things otherwise provided to you as a part of MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. services, and; (d) any other intellectual property rights afforded to MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC., either through state or federal registration or as otherwise available at common law (“Intellectual Property”).  Except as stated below, MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

You agree not to make unauthorized use of or otherwise infringe upon MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products and any other downloaded materials or services to ensure compliance with these Terms.

CONTACT

By using the Site and entering personal information, you give MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products, and services, or changes to the terms of the privacy policy.  Should you prefer not to be contacted by e-mail, please let MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. know by emailing us at [email protected], and we will kindly refrain from doing so.

RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable under any circumstances.  All sales are final.

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS. ” MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. MAKES NO WARRANTY THAT THE SITE, PRODUCTS, OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC., SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS, AND SERVICES.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of  UTAH.  Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. AND UTAH. MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. reserves the right to change or modify these Terms at any time without notice to You. Again, you are responsible for reviewing these Terms before use and periodically throughout your use of MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. products, materials, and services.

TERMS OF SITE USAGE

YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use apply to all users of this Site. By using this Site, you agree to comply with and be bound by these Terms of Use with MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. (“Site”). If you do not agree to these Terms of Use, you may not access or use this Site.

YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. In consideration of your use of this Site, you agree that to the extent you provide personal information to the Site, it will be true, accurate, current, and complete and that you will update all personal information as necessary.  To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

OWNERSHIP OF THIS SITE AND ITS CONTENT

The Site owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others); (b) all things otherwise provided to you as a part of the Site’s services, and; (c) any other intellectual property rights afforded to the Site, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated within, the Site does not grant you any rights to any Intellectual Property that may be available to you generally through the Site. You agree not to make unauthorized use of or otherwise infringe upon the Site’s Intellectual Property in any way and understand that it is your responsibility to ensure you refrain from doing so.

THIRD-PARTY GENERATED CONTENT

The Site contains content generated from third parties, including but not limited to comments, and we do not guarantee the accuracy, integrity, or quality of third-party-generated content.  The Site does not endorse and is not responsible for statements, advice, and opinions made by anyone other than authorized Site spokespersons.

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, ITS FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SITE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF THE SITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.

WAIVER

Our failure at any time to require the performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

GOVERNING LAW, JURISDICTION, AND VENUE

These Terms of Use and Privacy Policy will be governed under the laws of the State of Utah without regard to its conflicts of law provisions. All actions or proceedings arising from or relating to these Terms of Use will be adjudicated exclusively in the state or federal court of competent jurisdiction for the City of Appleton. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. Notwithstanding the foregoing, the Site may also bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating. If either party to this agreement brings legal action against the other party to these Terms t to secure the specific performance of the Terms, collect damages for breach of this agreement, or otherwise enforce or interpret these Terms, the prevailing party will recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

INDEMNITY

You agree to indemnify, defend and hold harmless the Site from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another.

THESE TERMS OF USE MAY CHANGE

These Terms of Use are current as of the effective date of use. The Site reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.

ENTIRE AGREEMENT

These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and the Site with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and the Site with respect to this Site and your use of this Site.

DEFINITIONS

The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.
The terms “MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC.,” “we,” “us,” and “our” refer to MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC.
The term “including” means “including, but not limited to.”
The term “Site” refers to any website, application, or service owned by MARK W. PLATT & ASSOCIATES DBA PLATT ASSOCIATES INC. on which these Terms are posted.

QUESTIONS

If you have any questions about this Site or these Terms of the Site, please contact us using the following information:

MARK PLATT
1494 W SOUTH JORDAN PKWY
SOUTH JORDAN, UT 84095
[email protected]

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