The Pinnacle Publishers, LLC Terms of Use
Last Updated: 6/18/2020
1. Your Acceptance
Welcome to the Terms of Use for the Pinnacle Publishers, LLC website, cleansolar.energy. This is an agreement (“Agreement”) between Pinnacle Publishers, LLC (“Pinnacle Publishers"), the owner and operator of the Pinnacle Publishers website (the “Site”) and you (“you”, “your” or “user(s)”), a user of the Site.
Throughout this Agreement, the words “Pinnacle Publishers,” “us,” “we,” and “our,” refer to our company, Pinnacle Publishers, LLC, as is appropriate in the context of the use of the words.
By clicking “I agree” or accessing the Site you agree to be bound by this Agreement and the Privacy Policy. We may amend this Agreement at any time and may notify you if we do so. Please be aware that there are ARBITRATION AND CLASS ACTION PROVISIONS contained in this Agreement.
2. Information Submission
Portions of the Site may allow you to submit information to us. You must fully complete the information submission process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable form.
3. Content Disclaimer
Pinnacle Publishers Content (defined below) is offered only for informational and educational purposes. Pinnacle Publishers is not affiliated with any entity or business discussed in its surveys nor does Pinnacle Publishers own any copyright or intellectual property of such business or entity. You agree that any Pinnacle Publishers Content or any other information found on the Site may be inaccurate, unsubstantiated or possibly even incorrect. Pinnacle Publishers offers you the opportunity to participate in its survey, but you are not obligated to complete its survey nor are you required to purchase any product or service, whether offered by Pinnacle Publishers or any thirdparty. You agree to release us from any liability that we may incur for making available any Pinnacle Publishers Content.
4. Ownership
The Site and any related services provided are owned and operated by Pinnacle Publishers including all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content or any description available on the Site or available via a link from Site to a page created by Pinnacle Publishers on another website (collectively, the "Pinnacle Publishers Content"). The Pinnacle Publishers Content is the sole property of Pinnacle Publishers and/or its licensors. All Pinnacle Publishers Content is protected by US and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws. Use of the Pinnacle Publishers Content for any purpose not expressly permitted in this Agreement or otherwise consented to by Pinnacle Publishers is prohibited. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Pinnacle Publishers Content.
5. Privacy
Please read Pinnacle Publishers’ Privacy Policy for more information regarding our collection and use of your information. The Pinnacle Publishers Privacy Policy is integrated into this Agreement, by reference and you must agree to all provisions of our Privacy Policy before using our Site. You may not be required to create a user account when you use our Site; however, we may collect information from you when you submit an inquiry or comment through the Site.
6. Site Availability and Modification
Although we attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Site at any time. We may conduct such modifications to our Site for security reasons, intellectual property, legal reasons, or various other reasons at our discretion; however, nothing in this section obligates us to take measures to update the Site for security, legal, or other reasons.
7. Third Party Links
The Site may contain links to third party websites that are not owned or controlled by Pinnacle Publishers. Pinnacle Publishers has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Pinnacle Publishers will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Pinnacle Publishers from any and all liability arising from your use of any third-party website.
8. Your Conduct While Using The Site
When accessing or using our Site, you are solely responsible for your actions and you agree to abide by the following rules of conduct:
• You will not copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated "scraping";
• You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
• You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site;
• You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• You agree not to use the Site to stalk, harass, bully or harm another individual;
• You agree that you will not hold Pinnacle Publishers responsible for your use of the Site;
• You agree not to violate any requirements, procedures, policies or regulations of networks connected to Pinnacle Publishers;
• You agree not to interfere with or disrupt the Site;
• You agree to not violate any US federal laws, state laws, or local laws while using the Site; and
• You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Site, but Pinnacle Publishers reserves the right to suspend or terminate your access at any time without notice or explanation.
9. User Content
A user’s ability to submit or transmit any information through the Site, including but not limited to text, information, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Site is owned by you. When you submit any User Content to us, you grant Pinnacle Publishers, its partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse, all or any part of your User Content. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Site may be modified, edited, or removed at our discretion. Pinnacle Publishers does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
10. Limitation of Liability; Representations and Warranties
USE OF THIS SITE INCLUDING ANY PINNACLE PUBLISHERS CONTENT, IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. THE SITE INCLUDING ANY PINNACLE PUBLISHERS CONTENT ARE PROVIDED "AS IS", “AS AVAILBLE’, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, PINNACLE PUBLISHERS DOES NOT MAKE ANY WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY PINNACLE PUBLISHERS CONTENT. PINNACLE PUBLISHERS DOES NOT WARRANT THAT THE SITE AND ANY PINNACLE PUBLISHERS CONTENT WILL BE: (1) UNINTERRUPTED OR ERROR FREE; (2) FREE FROM DEFECTS OR ERRORS; OR (3) FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PINNACLE PUBLISHERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW US TO EXCLUDE ALL LIABILITY, YOU AGREE THAT OUR TOTAL LIABLITY TO YOU WILL NOT EXCEED $100 USD. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY USERS, OUR LIABILITY TO NEW JERSEY USERS IS THE MINIMUM AMOUNT REQUIRED UNDER NEW JERSEY STATE LAW. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY PINNACLE PUBLISHERS’ NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.
11. Release
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOU RELEASE US FROM ANY LIABILITY RELATING TO OUR SITE OR PINNACLE PUBLISHERS CONTENT, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US. THIS RELEASE DOES NOT APPLY TO NEW JERSEY USERS.
12. Indemnity
You agree to defend, indemnify and hold harmless Pinnacle Publishers, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
• your use of any Pinnacle Publishers Content;
• your violation of any term of this Agreement; and
• your use of the Pinnacle Publishers Site.
This defense and indemnification obligation will survive this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
13. Copyrights
We take copyright infringement very seriously, if you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
• Your name.
• The name of the party whose copyright has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our website of the infringing copy.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Pinnacle Publishers, [email protected].
14. Choice of Law
This Agreement shall be governed by the laws in force in the state of New York. The offer and acceptance of this contract is deemed to have occurred in the state of New York.
15. Forum
By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against us, Pinnacle Publishers or the Site arising out of, relating to, or connected in any way with this Agreement or any products purchased shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Consumer Rules and Procedures established by AAA ("Rules and Procedures"); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action (does not apply to New Jersey users) and the arbitration shall be held in Syracuse, New York or at such other location as may be mutually agreed upon by you and Pinnacle Publishers; (3) the arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Pinnacle Publishers 's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated (this does not apply to New Jersey users); (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures both parties shall be entitled to appear electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Pinnacle Publishers shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, users may visit the AAA website at http://www.adr.org. In the event that any portion of this arbitration provision is found to be unenforceable or void, both parties agree to settle any disputes arising out of this Agreement in a court of competent jurisdiction located in Onondaga. County, New York.
16. Class Action Waiver
You and Pinnacle Publishers agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
17. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Pinnacle Publishers are deemed to conflict with each other's operation, you agree that Pinnacle Publishers shall have the sole right to elect which provision remains in force.
18. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
19. Survival
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You agree that we are not required to provide you with access to our Site and may terminate our Site or your access to the Site at any time and for any reason.
20. Age
All users who access the Site must be 18 years of age or older.
21. Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
22. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.
23. Electronic Communications
The communications between you and Pinnacle Publishers use electronic means, whether you visit the Site or send Pinnacle Publishers e-mails, or whether Pinnacle Publishers posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Pinnacle Publishers in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Pinnacle Publishers provides to you electronically concerning any legal requirement that such communications would contain if it were to be in writing. The foregoing does not affect your statutory rights.
24. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Pinnacle Publishers must be sent to our agent for notice to: [email protected]
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: 6/18/2020
1. Your Acceptance
Welcome to the Terms of Use for the Pinnacle Publishers, LLC website, cleansolar.energy. This is an agreement (“Agreement”) between Pinnacle Publishers, LLC (“Pinnacle Publishers"), the owner and operator of the Pinnacle Publishers website (the “Site”) and you (“you”, “your” or “user(s)”), a user of the Site.
Throughout this Agreement, the words “Pinnacle Publishers,” “us,” “we,” and “our,” refer to our company, Pinnacle Publishers, LLC, as is appropriate in the context of the use of the words.
By clicking “I agree” or accessing the Site you agree to be bound by this Agreement and the Privacy Policy. We may amend this Agreement at any time and may notify you if we do so. Please be aware that there are ARBITRATION AND CLASS ACTION PROVISIONS contained in this Agreement.
2. Information Submission
Portions of the Site may allow you to submit information to us. You must fully complete the information submission process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable form.
3. Content Disclaimer
Pinnacle Publishers Content (defined below) is offered only for informational and educational purposes. Pinnacle Publishers is not affiliated with any entity or business discussed in its surveys nor does Pinnacle Publishers own any copyright or intellectual property of such business or entity. You agree that any Pinnacle Publishers Content or any other information found on the Site may be inaccurate, unsubstantiated or possibly even incorrect. Pinnacle Publishers offers you the opportunity to participate in its survey, but you are not obligated to complete its survey nor are you required to purchase any product or service, whether offered by Pinnacle Publishers or any thirdparty. You agree to release us from any liability that we may incur for making available any Pinnacle Publishers Content.
4. Ownership
The Site and any related services provided are owned and operated by Pinnacle Publishers including all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content or any description available on the Site or available via a link from Site to a page created by Pinnacle Publishers on another website (collectively, the "Pinnacle Publishers Content"). The Pinnacle Publishers Content is the sole property of Pinnacle Publishers and/or its licensors. All Pinnacle Publishers Content is protected by US and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws. Use of the Pinnacle Publishers Content for any purpose not expressly permitted in this Agreement or otherwise consented to by Pinnacle Publishers is prohibited. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Pinnacle Publishers Content.
5. Privacy
Please read Pinnacle Publishers’ Privacy Policy for more information regarding our collection and use of your information. The Pinnacle Publishers Privacy Policy is integrated into this Agreement, by reference and you must agree to all provisions of our Privacy Policy before using our Site. You may not be required to create a user account when you use our Site; however, we may collect information from you when you submit an inquiry or comment through the Site.
6. Site Availability and Modification
Although we attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Site at any time. We may conduct such modifications to our Site for security reasons, intellectual property, legal reasons, or various other reasons at our discretion; however, nothing in this section obligates us to take measures to update the Site for security, legal, or other reasons.
7. Third Party Links
The Site may contain links to third party websites that are not owned or controlled by Pinnacle Publishers. Pinnacle Publishers has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Pinnacle Publishers will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Pinnacle Publishers from any and all liability arising from your use of any third-party website.
8. Your Conduct While Using The Site
When accessing or using our Site, you are solely responsible for your actions and you agree to abide by the following rules of conduct:
• You will not copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated "scraping";
• You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
• You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site;
• You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• You agree not to use the Site to stalk, harass, bully or harm another individual;
• You agree that you will not hold Pinnacle Publishers responsible for your use of the Site;
• You agree not to violate any requirements, procedures, policies or regulations of networks connected to Pinnacle Publishers;
• You agree not to interfere with or disrupt the Site;
• You agree to not violate any US federal laws, state laws, or local laws while using the Site; and
• You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Site, but Pinnacle Publishers reserves the right to suspend or terminate your access at any time without notice or explanation.
9. User Content
A user’s ability to submit or transmit any information through the Site, including but not limited to text, information, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Site is owned by you. When you submit any User Content to us, you grant Pinnacle Publishers, its partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse, all or any part of your User Content. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Site may be modified, edited, or removed at our discretion. Pinnacle Publishers does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
10. Limitation of Liability; Representations and Warranties
USE OF THIS SITE INCLUDING ANY PINNACLE PUBLISHERS CONTENT, IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. THE SITE INCLUDING ANY PINNACLE PUBLISHERS CONTENT ARE PROVIDED "AS IS", “AS AVAILBLE’, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, PINNACLE PUBLISHERS DOES NOT MAKE ANY WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY PINNACLE PUBLISHERS CONTENT. PINNACLE PUBLISHERS DOES NOT WARRANT THAT THE SITE AND ANY PINNACLE PUBLISHERS CONTENT WILL BE: (1) UNINTERRUPTED OR ERROR FREE; (2) FREE FROM DEFECTS OR ERRORS; OR (3) FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PINNACLE PUBLISHERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW US TO EXCLUDE ALL LIABILITY, YOU AGREE THAT OUR TOTAL LIABLITY TO YOU WILL NOT EXCEED $100 USD. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY USERS, OUR LIABILITY TO NEW JERSEY USERS IS THE MINIMUM AMOUNT REQUIRED UNDER NEW JERSEY STATE LAW. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY PINNACLE PUBLISHERS’ NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.
11. Release
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOU RELEASE US FROM ANY LIABILITY RELATING TO OUR SITE OR PINNACLE PUBLISHERS CONTENT, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US. THIS RELEASE DOES NOT APPLY TO NEW JERSEY USERS.
12. Indemnity
You agree to defend, indemnify and hold harmless Pinnacle Publishers, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
• your use of any Pinnacle Publishers Content;
• your violation of any term of this Agreement; and
• your use of the Pinnacle Publishers Site.
This defense and indemnification obligation will survive this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
13. Copyrights
We take copyright infringement very seriously, if you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
• Your name.
• The name of the party whose copyright has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our website of the infringing copy.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Pinnacle Publishers, [email protected].
14. Choice of Law
This Agreement shall be governed by the laws in force in the state of New York. The offer and acceptance of this contract is deemed to have occurred in the state of New York.
15. Forum
By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against us, Pinnacle Publishers or the Site arising out of, relating to, or connected in any way with this Agreement or any products purchased shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Consumer Rules and Procedures established by AAA ("Rules and Procedures"); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action (does not apply to New Jersey users) and the arbitration shall be held in Syracuse, New York or at such other location as may be mutually agreed upon by you and Pinnacle Publishers; (3) the arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Pinnacle Publishers 's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated (this does not apply to New Jersey users); (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures both parties shall be entitled to appear electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Pinnacle Publishers shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, users may visit the AAA website at http://www.adr.org. In the event that any portion of this arbitration provision is found to be unenforceable or void, both parties agree to settle any disputes arising out of this Agreement in a court of competent jurisdiction located in Onondaga. County, New York.
16. Class Action Waiver
You and Pinnacle Publishers agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
17. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Pinnacle Publishers are deemed to conflict with each other's operation, you agree that Pinnacle Publishers shall have the sole right to elect which provision remains in force.
18. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
19. Survival
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You agree that we are not required to provide you with access to our Site and may terminate our Site or your access to the Site at any time and for any reason.
20. Age
All users who access the Site must be 18 years of age or older.
21. Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
22. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.
23. Electronic Communications
The communications between you and Pinnacle Publishers use electronic means, whether you visit the Site or send Pinnacle Publishers e-mails, or whether Pinnacle Publishers posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Pinnacle Publishers in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Pinnacle Publishers provides to you electronically concerning any legal requirement that such communications would contain if it were to be in writing. The foregoing does not affect your statutory rights.
24. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Pinnacle Publishers must be sent to our agent for notice to: [email protected]
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.