PLATINUM DIRECTORY TEMECULA VALLEY

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your use of the services provided by Platinum Marketing Directory LLC, doing business as Platinum Directory, Platinum Directory Temecula Valley, and Platinum Marketing (“we”, “us”, “our”, “the Platform”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

2. Description of Service

Platinum Directory is an online business directory and marketing platform serving the Temecula Valley region. We provide business listings, Smart Offers (digital vouchers and deals), a rewards and referral program, and related marketing services.

3. User Accounts

• You must be 18 or older to create an account.
• You are responsible for maintaining the security of your account credentials.
• You must provide accurate information when creating your account.
• One account per person. Multiple accounts may result in termination.

4. Communications Consent

You expressly consent to receive communications from Platinum Directory Temecula Valley when you take any of the following actions:

How Consent Is Given

• Account creation: Checking the communications consent box during sign-up.
• Phone call (verbal): Providing your email address, phone number, or other contact information during a recorded call with our AI voice assistant (Luma) or a human representative. All inbound calls include a recording disclosure at the start of the call. By remaining on the line and voluntarily providing your contact information, you consent to receive communications at the email and/or phone number you provide.
• QR code or web form: Submitting your contact information on any Platinum Directory opt-in page, landing page, or QR code form.
• Business claim: Claiming a business listing on the platform.
• Offer purchase or redemption: Providing your email or phone at checkout or redemption.

What You Consent To Receive

Depending on the contact information you provide, you may receive:

• Transactional messages: Account confirmations, purchase receipts, booking confirmations, appointment reminders, and security alerts.
• Requested information: Business listings, links, directions, menus, and other content you specifically asked for during a call or chat.
• Marketing communications: Promotions, newsletters, local deals, event announcements, and platform updates.
• Push notifications: If you enable push notifications in your browser or mobile app, deal alerts, booking reminders, and platform updates.

Channels You Consent To

By checking the required consent box at sign-up or opt-in, you expressly consent under the Telephone Consumer Protection Act (TCPA) and the FCC's February 2024 ruling on AI-generated voice calls to receive communications from Platinum Directory Temecula Valley, its representatives, and the businesses you connect with, using any of the following channels at the contact information you provide:

• Email to the address on your account.
• SMS / text messages (including messages sent via automated dialing systems) to the mobile number on your account. Message frequency varies. Message and data rates may apply. Reply STOP to cancel, HELP for help.
• Voice calls (including pre-recorded or autodialed calls) to the phone number on your account for appointment scheduling, reminders, account updates, marketing, and business outreach.
• AI-generated voice calls placed by our AI receptionist Luma or similar artificial-voice systems. These calls are disclosed at the start as AI-generated, can be transferred to a human on request, and are covered under the FCC's February 2024 AI-voice consent rules.
• Push notifications if you enable them in your browser or mobile app.

Consent to any of the above channels is not a condition of purchase or use of the platform. You may withdraw consent for any channel independently at any time per the “Opting Out” section below.

Opting Out

You may opt out of marketing communications at any time by:

• Clicking "unsubscribe" in any marketing email (affects email only).
• Replying STOP to any SMS message (affects SMS only).
• Telling any live caller or AI caller to remove you from calling lists, or replying STOP to any outbound voice message that provides that option (affects voice and AI voice calls only).
• Visiting our global unsubscribe page to remove yourself from email, SMS, voice, and AI voice across the entire platform.
• Updating your preferences in your account dashboard.

Standard message and data rates may apply to SMS communications. Opting out of marketing communications does not affect transactional messages related to your account or purchases. Opt-outs for each channel are independent, opting out of one channel does not affect the others unless you use the global unsubscribe page.

5. AI Usage Terms

The Platform uses a variety of AI technologies to provide personalized business recommendations, itinerary planning, and search assistance through our AI concierge (“Navi”).

• AI-generated content (recommendations, itineraries, suggestions) is informational only and not guaranteed. We are not liable for the accuracy of AI recommendations.
• Itineraries, feedback, and other AI-assisted content you create remain your property. We may use anonymized patterns to improve the platform.
• You may not use the AI features to generate harmful, discriminatory, illegal, or misleading content.
• AI features are optional. You can browse the directory without interacting with the AI concierge.

6. Rewards & Points Program

• Points have no cash value except as redeemable through our platform.
• Minimum redemption: 5,000 points ($5.00).
• Points expire after 12 months of account inactivity.
• We reserve the right to modify, suspend, or terminate the rewards program with 30 days notice.
• Points are non-transferable and have no value outside the platform.
• Fraudulent activity will result in forfeiture of all points and account termination.

7. Referral Program

• Referral commissions are paid only on legitimate referred purchases.
• We reserve the right to reverse commissions for refunded or fraudulent transactions.
• Referral codes may not be used for self-referral.
• Attempting to manipulate the referral system will result in account termination.

8. Prohibited Conduct

You may not:

• Use the platform for any unlawful purpose.
• Submit false or misleading information.
• Attempt to manipulate reviews, ratings, or the rewards system.
• Scrape or copy platform content without permission.
• Interfere with platform security or functionality.

9. Intellectual Property

All technology, algorithms, AI implementations, ranking systems, scoring methodologies, and proprietary tools (including but not limited to our concierge AI system, attribution engine, deal ranking algorithms, and business intelligence systems) are the exclusive intellectual property of Platinum Marketing Directory LLC.

All platform content, design, branding, and technology is owned by Platinum Marketing Directory LLC or its licensors. Reverse engineering, scraping, or attempting to replicate our proprietary systems is strictly prohibited. You may not reproduce or distribute platform content without written permission.

10. Data Collection & Analytics

We collect anonymized usage data including browsing patterns, search intent, feedback, and interaction data to improve our platform. See our Privacy Policy for full details.

11. 90-Day Traffic & Visibility Guarantee

Platinum Directory guarantees that paid subscription listings (Verified Platinum, Growth, Platinum Partner, and Platinum Elite tiers) will receive traffic and brand visibility within ninety (90) days of subscription activation. This guarantee covers measurable traffic to your paid business listing page and does not constitute a guarantee of sales, revenue, leads, conversions, or any specific commercial outcome.

If Platinum Directory does not deliver measurable traffic and visibility to your paid listing within the 90-day period, we will continue providing marketing services at no additional cost until traffic and visibility are achieved. This continuation of services is the sole remedy under this guarantee.

This guarantee is subject to the following conditions:

• Applies only to paid subscription tiers. The Free tier is excluded.
• Your business listing must remain active and in good standing throughout the 90-day period. Listings suspended for policy violations are not eligible.
• You must provide accurate and complete business information to enable effective marketing.
• If you cancel your subscription while you have pending vouchers (Smart Offer claims that have not yet been redeemed by the consumer), the proceeds from those unredeemed voucher sales are forfeited to Platinum Directory.
• "Traffic and visibility" is defined as measurable page views, impressions, or referral clicks to your listing as tracked by Platinum Directory's analytics systems.

12. Independent Contractor Status and Tax Compliance

12.1 Independent Contractor Relationship

All individuals and entities participating in the Platinum Directory Temecula Valley affiliate program, referral program, commission-based sales program, or any program through which compensation is earned from Platinum Marketing Directory LLC (“Company”) are independent contractors. Nothing in these Terms creates an employer-employee relationship, partnership, joint venture, or agency relationship between the Company and any user, affiliate, or referral partner. As an independent contractor, you are solely responsible for all applicable federal, state, and local taxes on income earned through the platform.

12.2 IRS Form 1099-NEC Reporting

Pursuant to Internal Revenue Code Section 6041A, the Company is required to file IRS Form 1099-NEC for any independent contractor or payee who receives $600.00 or more in aggregate compensation during a single calendar year. Compensation includes cash redemptions of reward points, commission payouts, affiliate earnings, and any other monetary payment from the Company. By accepting these Terms, you acknowledge and consent to this reporting requirement and agree to provide accurate tax identification information upon request.

12.3 W-9 Requirement

Prior to receiving any payment, payout, or cash redemption from the Company, and in any event before your cumulative earnings in a calendar year reach $600.00 (equivalent to 60,000 reward points), you are required to complete, electronically sign, and submit IRS Form W-9 information through the platform at /dashboard/w9. Required information includes your legal name, federal tax identification number (Social Security Number or Employer Identification Number), mailing address, and federal tax classification. By submitting this information, you certify under penalty of perjury that all information provided is accurate, true, and complete.

12.4 Payout Hold

The Company reserves the right to withhold any payout, commission, points redemption, or other monetary payment until a valid, verified W-9 submission is on file. You will not be able to initiate any cash redemption or commission payout until this requirement is met. Failure to provide accurate tax identification information may result in mandatory backup withholding at the applicable IRS rate (currently 24%) being applied to your payments.

12.5 Annual Refresh

You may be required to resubmit W-9 information annually or upon any material change to your name, address, or tax identification number. The Company will notify you via email when a new submission is required.

12.6 No Employee Benefits

As an independent contractor, you are not entitled to any employee benefits from the Company, including but not limited to health insurance, workers' compensation, retirement or pension plans, paid time off, unemployment insurance, or any other benefit of employment. You are responsible for your own business expenses, equipment, and professional licenses.

12.7 Record Keeping

The Company will retain W-9 submissions and related tax records for a minimum of seven (7) years as required by applicable law. 1099-NEC forms will be issued to qualifying payees by January 31 of the year following each applicable tax year and filed electronically with the IRS.

13. Call Recording and AI Voice Assistance

When you call Platinum Directory Temecula Valley, your call may be answered by Luma, our AI voice assistant. Calls may be recorded for quality assurance and training purposes.

A verbal recording disclosure is played at the start of every inbound call. By remaining on the line after this disclosure, you consent to the recording of your call. Recordings and transcripts may be reviewed by Platinum Marketing Directory LLC staff and used to improve service quality.

Verbal Consent During Recorded Calls

If you voluntarily provide your email address, phone number, or other contact information during a recorded call — for example, by asking Luma to send you a link, look up a business, or email you information — that recorded verbal exchange constitutes your express consent to receive communications from Platinum Directory Temecula Valley at the contact information you provided. This includes:

• The specific information you requested (business links, directions, menus, etc.)
• Follow-up communications related to your inquiry
• Promotional offers, local deals, and event announcements from Platinum Directory and its member businesses
• SMS text messages if you provided a phone number (message and data rates may apply)

Your verbal consent is recorded, timestamped, and stored as part of the call record. You may opt out of any channel at any time — reply STOP to any SMS, click Unsubscribe in any email, or visit our global unsubscribe page.

Call recordings are retained for a maximum of 90 days unless required for ongoing dispute resolution. Transcripts may be retained as part of contact records in accordance with our Privacy Policy.

You are not required to speak with our AI assistant. If you prefer to speak with a human representative, say “transfer to a person” or “speak to someone” at any time during the call.

14. Contact Marketing Tools

Platinum Directory members who use the Contact Marketing features agree to the following:

• You may only message contacts who have a pre-existing relationship with you and have provided prior consent to receive communications from you.
• You may not upload purchased lists, scraped contacts, or any list obtained without direct consent from each recipient.
• You are solely responsible for ensuring compliance with applicable law including the TCPA, CAN-SPAM Act, California Business and Professions Code Section 17529, and all state equivalents applicable to your recipients.
• All outbound emails include a functional unsubscribe link. All outbound SMS messages include opt-out instructions. These are enforced automatically and may not be removed.
• Email opt-out and SMS opt-out are channel-specific and independent. Replying STOP to an SMS does not unsubscribe a contact from email. Clicking Unsubscribe in an email does not opt a contact out of SMS. Each channel maintains its own consent and suppression record.
• Platinum Marketing Directory LLC may suspend or terminate your access to messaging features without notice upon receiving complaints or evidence of non-compliant use.
• You agree to indemnify and hold harmless Platinum Marketing Directory LLC against any claims, damages, or regulatory action arising from your use of the Contact Marketing tools.
• No mobile phone numbers or email addresses collected through this platform will be shared with third parties for their marketing or promotional purposes.

15. SMS, Voice, and AI Voice Communications Policy

Platinum Directory Temecula Valley (a DBA of Platinum Marketing Directory LLC) sends SMS text messages, places live voice calls, and places AI-generated voice calls (via our AI receptionist Luma and similar systems) for two purposes:

• Transactional: Verification codes, booking confirmations, appointment reminders, check-in prompts, and account security alerts. Sent based on consent at sign-up, opt-in, or booking.
• Marketing: Deal alerts, event announcements, promotional offers, and connect-back calls from businesses you opted into. Sent only if you have checked the required consent box at sign-up or opt-in (which is the clickwrap for these Terms). Consent is never a condition of purchase or use of the platform.

AI-Generated Voice Call Disclosure

Per the Federal Communications Commission's February 2024 Declaratory Ruling, calls that use AI-generated voice technology require prior express consent. By checking the required consent box at sign-up or opt-in, you provide that consent and authorize Platinum Directory Temecula Valley to place AI-generated voice calls to the number on your account for the purposes listed above. Every such call will:

• Identify itself at the start as an AI-generated voice call.
• Offer to transfer you to a live human representative on request.
• Honor “remove me,” “do not call,” and similar verbal opt-out instructions immediately.
• Not be placed to numbers on the National or Internal Do-Not-Call registries unless you have provided express consent that supersedes those registrations (which this Section does).

Message and call frequency varies. Message and data rates may apply to SMS.

Opting Out

SMS: Reply STOP to any message. Removes you from SMS only.

Voice and AI voice calls: Tell any caller or AI assistant to remove you from calling lists, or use the global unsubscribe page. Removes you from voice and AI voice only.

Email: Click the Unsubscribe link in any email. Removes you from email only.

All channels at once: Visit our global unsubscribe page to remove yourself from email, SMS, voice, and AI voice across the entire platform.

For help: Reply HELP to any SMS, or call (951) 517-4407.

No mobile information, call metadata, or AI transcription data will be shared with third parties or affiliates for marketing or promotional purposes.

16. Disclaimers

The platform is provided "as is." We do not guarantee the accuracy of business listings or user-submitted content. We are not responsible for transactions between users and listed businesses.

17. Limitation of Liability

To the maximum extent permitted by law, Platinum Directory shall not be liable for indirect, incidental, or consequential damages arising from your use of the platform.

18. Governing Law

These terms are governed by the laws of the State of California. Disputes shall be resolved in Riverside County, California.

19. Changes to Terms

We may update these terms at any time. Continued use of the platform after changes constitutes acceptance of the new terms. Material changes will be communicated via email.

20. Contact

Platinum Marketing Directory LLC
40125 Stowe Rd, Temecula, CA 92591
sales@platinumdirectorytemeculavalley.com