Membership Terms and Conditions
This membership agreement (the “Membership Agreement”) contains the terms and
conditions that govern your use of the Project Platinum website (the “Website”) and the
Services (as defined below).
THIS MEMBERSHIP AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES, AND INCLUDES DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THESE PROVISIONS FOR AN ESSENTIAL BASIS OF OUR AGREEMENT.
If you do not agree with any of these terms, do not access or otherwise use the Website
or Services, or any information or materials contained on the Website.
Project Platinum Group LLC (“PPG”) owns and operates the Website. This Membership
Agreement is between you and PPG. PPG reserves the right to add, delete, and modify
any of the terms and conditions contained in this Membership Agreement at any time
and in its sole discretion by posting a change notice or a new agreement on the
In the event of substantive changes to this Membership Agreement, the new
terms will be posted to the Website, you will be required to affirmatively assent to its
terms, and you may also be notified by email. If any modification is unacceptable to you,
your only recourse is not to use the Website and the Services and to request an
immediate termination of your membership. Your express consent or continued use of
the Website or the Services following posting of a change notice or new Membership
Agreement on the Website will constitute binding acceptance of the changes.
1. The Services
1.1. PPG provides a number of Internet-based services through the Website (all such
services, collectively, the “the Services”), including without limitation training and
materials for you to develop and promote your business. PPG reserves the right to add,
change, and delete content and services from the Website or Services from time to
1.2. You agree to pay, and authorize automatic recurring billing of, the membership fee
with your credit card, or other payment methods, until subsequently cancelled. Your
payment for the initial 30-day period is refundable, provided that you contact us and
request that we cancel your membership and refund your fee within the initial 30-day
period. You understand and agree that each subsequent automatic recurring billing of
the membership fee is not refundable and will not be prorated.
1.3. PPG reserves the right to change the membership fee from time to time.
2. Use of the Website and the Services
2.1. PPG will only knowingly provide the Services to parties that can lawfully enter into
and form contracts under applicable law. The Website and the Services are not for
anyone under the age of 18 and any such use is prohibited.
2.2. You must comply with all of the terms and conditions of this Membership
Agreement, the applicable agreements and policies referred to below, and all applicable
laws, regulations, and rules when you use the Website and the Services.
2.3. Your License to Use the Website and the Services.
2.3.1. PPG owns or licenses all intellectual property and other rights, title, and interest in
and to the Website, Services, and the materials accessible on or through the Website
and Services, except as expressly provided for in this Membership Agreement. For
example, and without limitation, PPG owns trademarks, copyrights, and certain
technology used in providing the Services. You will not acquire any right, title or interest
therein under this Membership Agreement or otherwise unless expressly provided for
2.3.2. PPG grants you a limited revocable license to access and use the Website and
Services for their intended purposes, subject to your compliance with this Membership
Agreement. This license does not include the right to collect or use information
contained on the Website for purposes that PPG prohibits or to compete with PPG. If
you use the Website or the Services in a manner that exceeds the scope of this license
or breaches any relevant agreement, your license shall terminate immediately.
2.4. Third-Party Services. PPG may provide links on the Website to other websites that
are not affiliated with, under the control of, or otherwise maintained by PPG, and may
use third parties to provide certain services accessible through the Website. PPG does
not control those third parties or their services, and you agree that PPG will not be liable
to you in any way for your use of such services. These third parties may have their own
as this Membership Agreement when you use these services. If any such terms or
policies conflict with the Membership Agreement, agreements or policies, you must
comply with the Membership Agreement, agreements, or policies, as applicable. PPG
does not endorse or make any representations or warranties about third party sites or
any information, software, or other products or services found there.
3.1. For the purpose of this Membership Agreement, “Confidential Information” shall be
deemed to include all information and materials that: (a) if in written format is marked
as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure,
or (c) in the absence of either (a) or (b) is information which a reasonable party would
deem to be non-public information and confidential.
3.2. Confidential Information shall include without limitation: all information provided on
or through the Website or the Services; trade secrets, inventions, research methods,
methods of compiling information, methods of creating the PPG database, procedures,
devices, machines, equipment, data processing programs, software, computer models,
research projects, and other means used by PPG in the conduct of its business; product
formulations, strategies and plans for future business, new business, product or other
development, new and innovative product ideas, potential acquisitions or divestitures,
and new marketing ideas; information with respect to costs, commissions, fees, profits,
sales, markets, sales methods and financial information; mailing lists, the identity of
PPG customers, potential customers, distributors, and suppliers and their names and
addresses, the names of customer representatives responsible for entering into
contracts for PPG’s products or services, the amounts paid by PPG customers, specific
customer needs and requirements, and leads and referrals to prospective customers;
and the structure, sequence, and organization of the PPG database, together with
source code and object code; and the identity of PPG employees, their respective
salaries, bonuses, benefits, qualifications and abilities.
3.3. You acknowledge and agree that the nature of PPG’s confidential, proprietary, and
trade secret information to which you have, and will continue to have, access to derives
value from the fact that it is not generally known and used by others in the highly
competitive, international industry in which PPG competes. You further acknowledge
and agree that, even in complete good faith, it would be impossible for you to work in a
similar capacity for a competitor of PPG without drawing upon and utilizing information
gained pursuant to this Membership Agreement.
3.4. You acknowledge that you are receiving such Confidential Information in
confidence and will not publish, copy, or disclose any Confidential Information without
prior written consent from the Company. You further agree that you shall not attempt to
reverse engineer, de-compile or try to ascertain the source code to PPG software or any
other software supplied hereunder. You acknowledge that you will only use the
Confidential Information to the extent necessary to promote your business, and that you
will use best efforts to prevent unauthorized disclosure of the Confidential Information
to any third party.
3.5. The obligation of confidentiality shall not apply to any particular portion of
Confidential Information which: (a) was in the public domain when PPG granted access
to you; (b) entered the public domain through no fault of you subsequent to receipt; (c)
was in your possession free of any obligation of confidence at the time of the
disclosure by PPG; (d) was rightfully communicated by a third party to you free of any
obligation of confidence subsequent to the time of the originating party’s
communication thereof to you; (e) was developed by you independently of and without
knowledge or reference to any Confidential Information; (f) is approved for release by
written authorization from PPG; or (g) is required to be disclosed pursuant to any
statute, law, rule or regulation of any governmental authority or pursuant to any order of
any court of competent jurisdiction, but in any case, you will immediately notify PPG
before disclosure and given a reasonable opportunity to obtain a protective order or
other form of protection.
3.6. You agree not to alone or in association with others use Confidential or trade secret
information to (a) solicit, or facilitate any organization with which you are associated in
soliciting, any employee or customer of PPG’s to alter its relationship with PPG; (b)
solicit for employment, hire, or engage as an independent contractor, or facilitate any
organization with which PPG is associated in soliciting for employment, hire, or
engagement as an independent contractor, any person who was employed by PPG at
any time during the term of this Membership Agreement (provided, that this clause (b)
shall not apply to any individual whose employment with PPG was terminated for a
period of one year or longer); or (c) solicit business from or perform services for any
customer, supplier, licensee, or business relation of PPG’s, induce or attempt to induce,
any such entity to cease doing business with PPG; or in any way interfere with the
relationship between any such entity and PPG.
3.7. You agree that you will not make any derogatory statements, either oral or written,
or otherwise disparage PPG, PPG’s products, employees, services, work or
employment, and will take all reasonable steps to prevent others from making
derogatory or disparaging statements. You agree that it would be impossible,
impractical, or extremely difficult to fix the actual damages suffered by reason of a
breach of this paragraph, and accordingly hereby agree that five thousand dollars
($5,000) shall be presumed to be the amount of damages sustained by reason of each
such breach, without prejudice to PPG’s right to also seek injunctive or other equitable
3.8. Other than as expressly provided for herein, in no event shall you be deemed by
virtue hereof to have acquired any right or interest by license or otherwise, in or to the
3.9. You agree that all originals and any copies of the Confidential Information remain
the property of Project Platinum Group LLC. You shall reproduce all copyright and other
proprietary notices, if any, in the same form that they appear on all the materials
provided by PPG, on all copies of the Confidential Information made by you. You agree
to return all originals and copies of all Confidential Information in your possession or
control to PPG at PPG’s request.
4. General Rules
4.1. Prohibited Use. You may only use the Website and Services to promote your
business, as expressly permitted by PPG. You may not cause harm to the Website or
Services. Specifically, but not by way of limitation, you may not: (i) interfere with the
Website or Services by using viruses or any other programs or technology designed to
disrupt or damage any software or hardware; (ii) modify, create derivative works from,
reverse engineer, decompile or disassemble any technology used to provide the
Website or Services; (iii) use a robot, spider or other device or process to monitor the
activity on or copy pages from the Website or Services, except in the operation or use of
an internet “search engine,” hit counters or similar technology; (iv) collect electronic
mail addresses or other information from third parties by using the Website or Services;
(v) impersonate another person or entity; (vi) engage in any activity that interferes with
another user’s ability to use or enjoy the Website or Services; (vii) assist or encourage
any third party in engaging in any activity prohibited by this Membership Agreement;
(viii) co-brand the Website or Services; (ix) frame the Website or Services; or (x) hyper-
link to the Website or Services, without the express prior written permission of an
authorized representative of Project Platinum Group LLC.
collection, use and disclosure of your personal information in accordance with the
4.3. Ordering Policies. If you purchase any products or services on or through the
Website or Service, you agree that your use of the product or service is limited by this
Membership Agreement as well.
4.4. Password Restricted Areas of the Website. Most areas of the Website are
password restricted to registered users (“Password-Protected Areas”). If you have
registered as an authorized user to gain access to these Password-Protected Areas, you
agree that you are entirely responsible for maintaining the confidentiality of your
password, and agree to notify PPG if the password is lost, stolen, disclosed to an
unauthorized third party, or otherwise may have been compromised. You agree that you
are entirely responsible for any and all activities that occur under your account,
including any fees that may be incurred under your password-protected account,
whether or not you are the individual who undertakes such activities. You agree to
immediately notify PPG of any unauthorized use of your account or any other breach of
security in relation to your password or the Website that is known to you.
4.5. Spam Policy: You may not use the Website or Services to engage in unethical
marketing activities, including without limitation spamming. The following are examples
of activities that are not permitted, and which may result in an immediate deactivation
of your account or termination of your membership: a) disguising the origin of any
content transmitted to or through the Website or Services, or using any other means of
deceptive addressing; b) relaying email from a third party’s mail servers without the
permission of that third party; c) transmitting any material that is unlawful or used
without adequate permission from the owner of the material; d) harvesting email
addresses in a manner that is unlawful or in violation of the rights of a third party; e)
sending email that contains inaccurate header information or domain names that are
not valid or do not exist; f) sending email that contains false or misleading information
in the subject line or body of the message; g) sending email that does not indicate that it
is an advertisement, does not include a functioning opt-out mechanism, or does not
include your valid physical mailing address; or h) sending email that violates applicable
law, including without limitation the CAN-SPAM Act or the applicable laws of the
jurisdictions from which you send email or in which the email is received the acceptable
use policies of PPG’s email service provider.
5. Reservation of Rights
5.1. Monitoring. PPG reserves the right, but does not assume the obligation, to monitor
transactions and communications that occur through the Website and Service. If PPG
determines, in its sole and absolute discretion, that you or another user has or will
breach a term or condition of this Membership Agreement or that such transaction or
communication is inappropriate, PPG may cancel such transaction or take any other
action to restrict access to or the availability of any material that may be considered
objectionable, without any liability to you or any third party.
5.2. Modification of the Service. PPG may modify the Website or Services at any time
with or without notice to you, and will incur no liability for doing so.
6.1. PPG asks that you respect the Website online community. Your conduct when
using the Website and Services should be guided by common sense and basic
etiquette. To further these common goals, you agree not to:
6.1.1. Disparage the products or services of any company or individual.
6.1.2. Impersonate or represent PPG, PPG staff, or other industry professionals.
6.1.3. Link to or post content not allowed on the Website.
6.1.4. Solicit a user’s password or other account information.
6.1.5. Harvest user information for any purpose.
6.1.6. Use racially or ethnically offensive language; discuss or incite illegal activity; use
explicit or obscene language; or solicit or post sexually explicit images.
6.1.7. Harass, threaten, or embarrass anyone.
6.1.8. Post anything that you do not have the legal right to post; and
6.1.9. Violate any law, or make any untrue or misleading statement;
7.1. Your Submissions. When you submit questions, comments, suggestions, ideas,
message board postings, material submitted via web forms, contest entries,
communications or any other information (“Submissions”), you grant PPG an
unrestricted license to use such Submissions for any purpose, including without
limitation marketing and other promotional purposes and the right to sublicense. You
agree that PPG will have no obligation to keep any Submissions confidential. You will
not bring a claim against PPG based on “moral rights” or the likes arising from PPG’s
use of a Submission.
7.2. Submissions by Others. PPG does not control the content posted by third parties
and does not guarantee the accuracy, integrity, or quality of such content. You
understand that by using the Website or Services, you may be exposed to content that is
offensive, indecent, or objectionable. Under no circumstances will PPG be liable in any
way for any content, including, but not limited to, for any errors or omissions in any
content, or for any loss or damage of any kind incurred as a result of the use of any
content posted, emailed, transmitted, or otherwise made available via the Website or
Services by third parties.
8. Representations and Warranties
8.1. Mutual Representations and Warranties. Each party represents to the other that: (i)
the party has the full power and authority to enter into and perform under this
Membership Agreement, (ii) execution and performance of this Membership Agreement
does not constitute a breach of, or conflict with, any other agreement or arrangement by
which the party is bound, and (iii) the terms of this Membership Agreement are a legal,
valid, and binding obligation of the party entering into this Membership Agreement,
enforceable in accordance with these terms and conditions.
8.2. By You. You represent and warrant to PPG that, in your use of the Website and
Services, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of
privacy, right of publicity or other legal right of any third party; (ii) will comply with all
applicable laws, rules, and regulations; (iii) will not disrupt or damage any software or
hardware; and (iv) you will provide correct, current, and complete billing and contact
9. Arbitration and Waiver of Class Claims
9.1. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR
CONTROVERSIES BETWEEN YOU AND PPG, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE, OR LOCAL STATUTE, LAW, ORDER, ORDINANCE, OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A FLORIDA STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS
HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).
9.2. The following procedures shall apply:
9.2.1. Any party that intends to make a claim shall first notify the opposing party in
writing of such intention and shall describe in such notice, with reasonable particularity,
the nature and basis of such claim, and the total amount of the claim. Within thirty (30)
days of receipt of such notice, the party receiving notice of a claim shall provide a
written response which, with reasonable particularity, sets forth its position concerning
the claim. If the parties are unable to resolve the dispute arising from the claim by good
faith negotiations to be conducted within the thirty (30)-day period following the written
response, either of them may initiate binding arbitration pursuant to the terms and
conditions set forth below.
9.2.2. In the event a party elects to proceed with binding arbitration, it shall provide
written notice thereof to the other party by registered or certified mail. The arbitration
shall be conducted in the state of Florida, but may proceed telephonically in the event
the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so
9.2.3. Separate and apart from the agreement to arbitrate set forth above, the parties
hereby independently waive any right to bring or participate in any class action in any
way related to, or arising from, this Membership Agreement.
10. Disclaimers and Exclusions
10.1. DISCLAIMER OF WARRANTIES. PPG PROVIDES THE WEBSITE, SERVICES, AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. PPG DOES NOT
REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES, OR WEBSITE CONTENT, OR USE THEREOF: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. PPG MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS MEMBERSHIP AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
10.2. EXCLUSION OF DAMAGES. PPG WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE OR SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3. LIMITATION OF LIABILITY. IN NO EVENT WILL PPG’S LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES EXCEED THE LESSER OF (i) THE AMOUNT PAID TO PPG BY YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100).
11.1. You must indemnify and hold PPG and its employees, representatives, agents,
affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from
any damage, loss, or expense (including without limitation, attorneys’ fees and costs)
incurred in connection with any third-party claim, demand or action (“Claim”) brought
against any of the Parties alleging that you have breached any of provision in this
Membership Agreement through any act or omission. If you have to indemnify PPG
under this section, PPG will have the right to control the defense, settlement, and
resolution of any Claim at your sole expense. You may not settle or otherwise resolve
any Claim without the express written permission of PPG.
12.1. Termination. You agree that, under certain circumstances and without prior notice,
PPG may suspend or terminate your use of the Website or Services, including without
limitation, if PPG believes, in its sole and absolute discretion, that you have breached a
term of this Membership Agreement. You acknowledge and agree that all suspensions
and terminations shall be made in PPG’s sole discretion and that PPG shall not be
liable to you or any other party for said suspension or termination.
12.2. Survival. Upon termination, your license to use the Website, Services, and
everything accessible by or through the Website or Services shall terminate and the
remaining provisions of this Membership Agreement shall survive indefinitely unless
and until PPG chooses to terminate them.
12.3. Effect of Termination. Upon termination of any part of this Agreement for any
reason, PPG may delete or assume ownership of any Content or other things—including
without limitation URLs, domain names, and email lists—relating to your use of the
Website or Services that is on PPG’s servers or otherwise in PPG’s possession or
control, and PPG will have no liability to you or any third party for doing so.
13.1. All notices required or permitted to be given under this Membership Agreement
will be in writing and delivered to the other party by any of the following methods: (i)
U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to PPG, you
must use the following address: Project Platinum Group LLC, 400 Kelly Plantation Dr
#1602, Destin, FL 32541. If PPG provides notice to you, PPG will use the contact
information provided by you. All notices will be deemed received as follows: (i) if by
delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier,
on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24
hours after the message was sent, if no “system error” or other notice of non-delivery is
generated. If applicable law requires that a given communication be “in writing,” you
agree that email communication will satisfy this requirement.
14. Notification of Claims of Infringement
14.1. PPG respects the intellectual property of others, and asks users to do the same.
PPG may, in appropriate circumstances and at its discretion, terminate service to users
who infringe the intellectual property rights of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, please contact PPG’s
designated agent to receive notice of claimed infringement: The Trainer Method LLC,
attn: Copyright Agent, 400 Kelly Plantation Dr #1602, Destin, FL 32541. Provide
the following information required by the Digital Millennium Copyright Act, 17 U.S.C. §
512: (i) an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; (ii) a description of the copyrighted work that you
claim has been infringed, including the URL (i.e., web page address) of the location
where the copyrighted work exists or a copy of the copyrighted work; (iii) identification
of the URL or other specific location on the Website where the material that you claim is
infringing is located; (iv) your address, telephone number, and email address; (v) a
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made
under penalty of perjury, that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner’s behalf.
15.1. This Membership Agreement will be binding upon each party hereto and its
successors and permitted assigns, and governed by and construed in accordance with
the laws of the State of Florida without reference to conflict of law principles. This
Membership Agreement will not be assignable or transferable by you without PPG’s
prior written consent. This Membership Agreement (including all of the policies and
other Agreements described in this Membership Agreement, which are hereby
incorporated herein by this reference) contain the entire understanding of the parties
regarding its subject matter, and supersedes all prior and contemporaneous
agreements and understandings between the parties regarding its subject matter. No
failure or delay by a party in exercising any right, power or privilege under this
Membership Agreement will operate as a waiver thereof, nor will any single or partial
exercise of any right, power or privilege preclude any other or further exercise thereof or
the exercise of any other such right, power, or privilege. Any rights not expressly granted
herein are reserved. You and PPG are independent contractors and independent
businesses, and no agency, partnership, joint venture, or employee-employer
relationship is intended or created by this Membership Agreement. The invalidity or
unenforceability of any provision of this Membership Agreement will not affect the
validity or enforceability of any other provision of this Membership Agreement, all of
which will remain in full force and effect. If you have questions or concerns regarding
this Membership Agreement, you should contact PPG by emailing email@example.com and writing “Membership Agreement” in the subject line.