Welcome to the Pinnacle Arborist Supplies website (the "PinnacleArborist.com Website"), a site
owned and operated by Pinnacle Arborist Supplies and its affiliates ("Pinnacle Arborist Supplies").
These Terms of Use, along with policies and guidelines located
throughout the Pinnacle Arborist Supplies Website identify what users of the Pinnacle Arborist Supplies
Website ("Users") can expect from Pinnacle Arborist Supplies , Pinnacle Arborist Supplies Providers (as
defined below) and the Pinnacle Arborist Supplies Website and what we expect from Users.
By accessing any areas of the Pinnacle Arborist Supplies Website, Users are deemed to
have accepted these Terms of Use and other policies and guidelines
identified throughout the Pinnacle Arborist Supplies Website.
I. ONLINE CONDUCT
User agrees to use the Pinnacle Arborist Supplies Website only for lawful purposes. User
is prohibited from posting on or transmitting through the Pinnacle Arborist Supplies
Website any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane, hateful,
racially, ethnically, or otherwise objectionable material of any kind,
including but not limited to any material that encourages conduct that
would constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or
international law.
If Pinnacle Arborist Supplies is notified of any material on the Pinnacle Arborist Supplies Website
(collectively "Content") provided by User (e.g., through an online
review) that is allegedly infringing, defamatory, damaging, illegal, or
offensive, Pinnacle Arborist Supplies may investigate the allegation and determine in
its sole discretion whether to remove or request the removal of such
Content from the Pinnacle Arborist Supplies Website. Pinnacle Arborist Supplies may disclose any Content
or electronic communication of any kind (i) to satisfy any law,
regulation, or government request; (ii) if such disclosure is necessary
or appropriate to operate the Pinnacle Arborist Supplies Website; or (iii) to protect
the rights or property of Pinnacle Arborist Supplies and its officers, directors,
employees, agents, third-party content providers, merchants, sponsors,
and licensors (collectively, "Pinnacle Arborist Supplies Providers") and any other User.
Pinnacle Arborist Supplies reserves the right to prohibit conduct, communication, or
Content that it deems in its sole discretion to be harmful to individual
Users, Pinnacle Arborist Supplies, the Pinnacle Arborist Supplies Website, the communities that make up
the Pinnacle Arborist Supplies Website, or any rights of Pinnacle Arborist Supplies or any third party,
or to violate any applicable law. Notwithstanding the foregoing, no
Pinnacle Arborist Supplies Provider can ensure prompt removal of questionable Content
after online posting. Accordingly, no Pinnacle Arborist Supplies Provider shall assume
liability for any action or inaction with respect to conduct,
communication, or Content on the Pinnacle Arborist Supplies Website.
II. PRIVACY POLICY
Pinnacle Arborist Supplies respects the privacy of its Users. The terms and conditions
of the Pinnacle Arborist Supplies Privacy Policy are
incorporated herein by reference.
III. TRADEMARKS
PinnacleArborist.com, is a service mark of Pinnacle Arborist Supplies or its licensor. All rights
are reserved. These and other graphics, logos, service marks, trademarks
and trade dress of Pinnacle Arborist Supplies and its licensors used on the Pinnacle Arborist Supplies
Website may not be used without prior written consent of Pinnacle Arborist Supplies or
its licensor, as the case may be. Without limiting the foregoing, no
Pinnacle Arborist Supplies trademark or trade dress may be used in connection with any
product or service that is not Pinnacle Arborist Supplies’, in any manner that is likely
to cause confusion among Users, or in any manner that disparages or
discredits Pinnacle Arborist Supplies.
IV. CONTENT
a. Proprietary Rights
User acknowledges that the Pinnacle Arborist Supplies Website contains Content that are
protected by copyrights, trademarks, trade secrets, or other proprietary
rights, and that these rights are valid and protected in all forms,
media and technologies existing now or hereinafter developed. All
Content is copyrighted as a collective work under the U.S. copyright
laws, and Pinnacle Arborist Supplies owns a copyright in the selection, coordination,
arrangement, and enhancement of such Content. User may not modify,
remove, delete, augment, add to, publish, transmit, participate in the
transfer or sale of, create derivative works from, or in any way exploit
any of the Content, in whole or in part. If no specific restrictions are
displayed, Users may make copies of select portions of the Content,
provided that the copies are made only for User’s personal use and that
User maintains any notices contained in the Content, such as all
copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence or as permitted by
the fair use privilege under the U.S. copyright laws (see, e.g., 17
U.S.C. Section 107), User may not upload, post, reproduce, or distribute
in any way Content protected by copyright, or other proprietary right,
without obtaining permission of the owner of the copyright or other
propriety right. In addition to the foregoing, use of any software
Content shall be governed by the software license agreement accompanying
such software.
b. Distribution/Uploading Of Third-Party Content
Except as set forth in paragraph a. above, User may upload to or
otherwise distribute on the Pinnacle Arborist Supplies Website only Content that is not
subject to any copyright or other proprietary rights protection
(collectively, "Public Content"), or Content in which the author has
given express authorization for distribution on the World Wide Web. Any
copyrighted or other proprietary Content distributed with the consent of
a copyright owner should contain a phrase such as "Copyright, owned by
[name of owner]; used by permission." The unauthorized submission or
distribution of copyrighted or other proprietary Content is illegal and
could subject the User to criminal prosecution as well as personal
liability for damages in a civil suit. User will be liable for any
damage resulting from any infringement of copyrights or proprietary
rights, or from any other harm arising from such submission. No
Pinnacle Arborist Supplies Provider will be liable for any damage resulting from any
infringement of copyrights or proprietary rights, or from any other harm
arising from such User submission. In compliance with the Digital
Millennium Copyright Act, Users and other persons can report an
infringement to Pinnacle Arborist Supplies at info@PinnacleArborist.com. By submitting Content to
any User-submit areas, including, without limitation, any User product
reviews User automatically grants, or warrants that the owner of such
Content has expressly granted Pinnacle Arborist Supplies Providers, the royalty-free,
perpetual, irrevocable, right and license to use, reproduce, publish,
translate, sublicense, copy, and distribute the Content in whole or in
part worldwide and/or to incorporate it in other works in any form,
media, or technology now known or hereafter developed for the full term
of any copyright that may exist in such Content. User also permits any
other User to access, store, or reproduce the Content for that User’s
personal use. Subject to this grant, the owner of Content placed on the
Pinnacle Arborist Supplies Website retains any and all rights which may exist in such
Content.
c. Third-Party Content
Pinnacle Arborist Supplies is a distributor and not a publisher of Content supplied by
third parties and Users. Pinnacle Arborist Supplies has no more editorial control over
such Content than does a public library or newsstand. Any opinions,
advice, statements, services, offers, or other information that
constitutes part of Content expressed or made available by third
parties, including any other User, are those of the respective authors
or distributors and not of Pinnacle Arborist Supplies or its affiliates or any of their
officers, directors, employees, or agents. No Pinnacle Arborist Supplies Provider
guarantees the accuracy, completeness, or usefulness of any Content, nor
its merchantability or fitness for any particular purpose. In many
instances, the Content available through the Pinnacle Arborist Supplies Website
represents the opinions and judgments of the respective third party
providing such Content. Pinnacle Arborist Supplies neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice, or statement
made on the Pinnacle Arborist Supplies Website by anyone other than Pinnacle Arborist Supplies . Under
no circumstances shall Pinnacle Arborist Supplies , or its affiliates, or any of their
officers, directors, employees, or agents be liable for any loss, damage
or harm caused by a User’s reliance on information obtained through the
Pinnacle Arborist Supplies Website. It is the responsibility of User to evaluate the
information, opinion, advice, or other Content available through the
Pinnacle Arborist Supplies Website.
d. Export
The U.S. export control laws regulate the export and reexport of
technology originating in the United States. This includes the
electronic transmission of information and software to foreign countries
and to certain foreign nationals. User agrees to abide by these laws and
their regulations -- including but not limited to the Export
Administration Act and the Arms Export Control Act and not to transfer,
by electronic transmission or otherwise, any Content derived from the
Pinnacle Arborist Supplies Website to either a foreign national or a foreign destination
in violation of such law.
V. AGE OF USERS
Pinnacle Arborist Supplies does not intend the Pinnacle Arborist Supplies Website to be used by minors
under the age of 21. Furthermore, Pinnacle Arborist Supplies does not market the
Pinnacle Arborist Supplies Website for use by minors under the age of 21. Pinnacle Arborist Supplies
relies upon parents or guardians of Users under the age of 21 to
determine if any content or items available on the Pinnacle Arborist Supplies Website
are appropriate for view or access by such Users.
VI. TERMINATION OF USAGE
Pinnacle Arborist Supplies may suspend or terminate any User’s access to all or any part
of the Pinnacle Arborist Supplies Website including any account thereon, without notice,
for any reason in Pinnacle Arborist Supplies ’ sole discretion, including without
limitation Pinnacle Arborist Supplies ’ belief that such access would violate any
applicable law or would be harmful to the interests of any Pinnacle Arborist Supplies
Provider or another User.
VII. PASSWORD SECURITY
Every User is responsible for (i) keeping such User’s Pinnacle Arborist Supplies account
password confidential and (ii) restricting access to such User’s
computer. Each User agrees to accept full responsibility for all
activities that occur within such User’s Pinnacle Arborist Supplies account.
VIII. DISCLAIMERS AND LIMITATION OF LIABILITY
THE Pinnacle Arborist Supplies WEBSITE IS PROVIDED BY Pinnacle Arborist Supplies PROVIDERS ON AN "AS IS"
AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, EACH Pinnacle Arborist Supplies PROVIDER DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO Pinnacle Arborist Supplies PROVIDER MAKES ANY
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO
THE OPERATION OF THE Pinnacle Arborist Supplies WEBSITE, OR THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE Pinnacle Arborist Supplies WEBSITE
WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY,
RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR
MERCHANDISE PROVIDED THROUGH THE Pinnacle Arborist Supplies WEBSITE; OR (IV) THAT THE
Pinnacle Arborist Supplies WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF
Pinnacle Arborist Supplies ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO Pinnacle Arborist Supplies PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR
SECURE ACCESS TO THE Pinnacle Arborist Supplies WEBSITE OR ANY RELATED SERVICES. THE
OPERATION OF THE Pinnacle Arborist Supplies WEBSITE MAY BE INTERFERED WITH BY NUMEROUS
FACTORS OUTSIDE THE CONTROL OF ANY Pinnacle Arborist Supplies PROVIDER.
UNDER NO CIRCUMSTANCES SHALL ANY Pinnacle Arborist Supplies PROVIDER BE LIABLE FOR ANY
DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Pinnacle Arborist Supplies
WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY
INFORMATION OBTAINED FROM THE Pinnacle Arborist Supplies WEBSITE OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS,
DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS
FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Pinnacle Arborist Supplies ’
RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS
PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES
AVAILABLE THROUGH THE Pinnacle Arborist Supplies WEBSITE.
NO Pinnacle Arborist Supplies PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE Pinnacle Arborist Supplies
WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH
Pinnacle Arborist Supplies PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A
USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
IX. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If
for any reason any provision of these Terms of Use shall be held invalid
or unenforceable in whole or in part in any jurisdiction, such provision
shall, as to such jurisdiction, be ineffective to the extent of such
invalidity or unenforceability without in any manner affecting the
validity or enforceability thereof in any other jurisdiction or the
remaining provisions hereof in any jurisdiction.
X. APPLICABLE LAW; JURISDICTION
This site is created and controlled by Pinnacle Arborist Supplies in the State of
Arkansas. As such, the laws of the State of Arkansas will govern
these Terms of Use, without giving effect to any principles of conflicts
of laws.
User hereby irrevocably and unconditionally consents to submit to the
exclusive jurisdiction of the courts of the State of Arkansas and of
the United States of America located in the State of Arkansas for
any litigation arising out of or relating to use of or purchase made
through the Pinnacle Arborist Supplies Website (and agrees not to commence any
litigation relating thereto except in such courts), waives any objection
to the laying of venue of any such litigation in the Arkansas Courts
and agrees not to plead or claim in any Arkansas Court that such
litigation brought therein has been brought in an inconvenient forum.
XI. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Terms of Use
(including any breach thereof), the Pinnacle Arborist Supplies Website, any Content or
any item purchased from the Pinnacle Arborist Supplies Website shall be settled by
confidential arbitration in Cabot, Arkansas administered by the
American Arbitration Association under its Commercial Arbitration Rules
(including without limitation the Supplementary Procedures for
Consumer-Related Disputes), and judgment on the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof.
Any such controversy or claim shall be arbitrated on an individual basis
and shall not be consolidated with any claim or controversy of any other
party. The foregoing shall not preclude Pinnacle Arborist Supplies from seeking any
injunctive relief in State or Federal courts located in the State of
Arkansas for protection of Pinnacle Arborist Supplies ’ or Pinnacle Arborist Supplies licensor’s
intellectual property rights, and you consent to exclusive jurisdiction
and venue in such courts.
XII. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents
the entire understanding between User and Pinnacle Arborist Supplies regarding User’s
relationship with Pinnacle Arborist Supplies and supersedes any prior statements or
representations. When using the Pinnacle Arborist Supplies Website or making a purchase
there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.
XIII. MODIFICATION
Pinnacle Arborist Supplies reserves the right to make changes to the Pinnacle Arborist Supplies Website,
posted policies and these Terms of Use at any time without notice. These
Terms of Use were last revised on April 29, 2009.
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Conditions of UseCertified MBE with the state of Arkansas
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