Agreement to Terms of Use

These Terms and Conditions of Use (“Terms and Conditions”) apply to the Pinnacle Distributors, Inc. Website located at www.wholesalepinnacle.com (the “Website”). The Website is the property of Pinnacle Distributors, Inc. (“Pinnacle Distributors”) and its licensors. By using the Website you are agreeing to these Terms and Conditions.

Copyrights:

The entire content included in this Website, including but not limited to text, graphics, trademarks, logos, sound or computer code, and the design, arrangement, coordination and expression of such content contained on the Website is protected by copyright, patent and trademark laws, and is the property of Pinnacle Distributors.  ALL RIGHTS ARE RESERVED.

Subject to any expressly stated restrictions or limitations relating to specific material, permission is granted to view, download, print, copy, or display portions of the material from the different areas of the Website; provided that (a) the information is used by you for informational, non-commercial purposes, including the use for the purposes of placing an order with Pinnacle Distributors or purchasing Pinnacle Distributors products; (b) you do not edit or modify the information; and (c) any and all copyright, trademark or other proprietary notices that appear herein are displayed on any materials copied, downloaded or in any way displayed from the Website. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized in writing by Pinnacle Distributors.

Trademarks: 

All trademarks, service marks, logos and trade names of Pinnacle Distributors used in the Website, whether registered or unregistered, are proprietary to Pinnacle Distributors.  You may not reproduce, copy, display or otherwise use them without the prior written consent of Pinnacle Distributors.

Use of Website:

By accessing the Website, you warrant and represent to Pinnacle Distributors that you are legally entitled to do so and to make use of information made available via the Website.

You warrant that you have full right and authority to submit such consent and you have sole copyright and proprietary right over that content.  You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.  Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.

Impersonation of others, including a Pinnacle Distributors or other licensed employee, host, or representative as well as other members or visitors on the Website is prohibited.

You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer:

Pinnacle Distributors does not and cannot review all communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials.  You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, Pinnacle Distributors is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. 

Pinnacle Distributors reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Pinnacle Distributors in its sole discretion.

Privacy:

Pinnacle Distributors’ Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. To view Pinnacle Distributors’ Privacy Policy, click here. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure.

Limitation of Liability:

IN NO EVENT SHALL PINNACLE DISTRIBUTORS AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR REVENUES, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE, MATERIALS CONTAINED IN OR ACCESSED THROUGH, THE WEBSITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Typographical Errors: 

In the event that a Pinnacle Distributors product is mistakenly listed at an incorrect price, Pinnacle Distributors reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.  Pinnacle Distributors reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, Pinnacle Distributors shall issue a credit to your credit card account in the amount of the incorrect price.

Warranty Disclaimer:

THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PINNACLE DISTRIBUTORS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS WEBSITE AND THE MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THIS WEBSITE.  PINNACLE DISTRIBUTORS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  PINNACLE DISTRIBUTORS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

Third-Party Links: 

In an attempt to provide increased value to our visitors, Pinnacle Distributors may link to sites operated by third parties.  However, even if the third party is affiliated with Pinnacle Distributors, Pinnacle Distributors has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Pinnacle Distributors.  These linked sites are provided solely as a convenience to you and therefore you access them at your own risk.  Nonetheless, Pinnacle Distributors seeks to protected the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for sites it links to as well (including if a specific link does not work).

Indemnification:

You agree to indemnify, defend, and hold harmless Pinnacle Distributors, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable lawyer’s fees, arising out of or in connection with your use (including the use of any other person accessing the Website using your account) of this Website.

Governing Law:

These terms and conditions shall be governed by and construed in accordance with the laws of the Province of British Columbia applicable to agreements made and entirely to be performed within the Province of British Columbia, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access the Website, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or provincial courts located in British Columbia, and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.  Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Pinnacle Distributors products) must be commenced within one (1) year after the claim or cause of action arises.

Dispute Resolution:

In the event of any controversy or dispute between Pinnacle Distributors and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Miscelleneous:

Pinnacle Distributors’ failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.  Pinnacle Distributors may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.

Notice: 

Pinnacle Distributors may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to Pinnacle Distributors.

Term; Amendments: 

These Terms and Conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process.  Pinnacle Distributors reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.

Conflict of terms:

If there is a conflict or contradiction between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of your use of the relevant section or module of the Website.

Severability:

If any provision of these terms and conditions is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these terms and shall not affect the validity and enforceability of any remaining provisions of these terms and conditions.