These Terms of Service govern the use of this website only (the "Website") provided by Pinnacle Brands Inc. ("Pinnacle"), and does not include terms for use of Pinnacle's cloud software (the "Software"), which are contained in specific Software license agreements. Your use of this Website constitutes agreement to these Terms of Service and our Privacy Policy. Pinnacle reserves the right to deny access to this Website to any person or organization who violates these Terms of Service. By accessing this Website or using our Software, you confirm that you form a binding contract with Pinnacle, that You accept these Terms of Service and that You agree to comply with them.

Copyright.
All information, content, services, and cloud applications displayed on, transmitted through, or used in connection with the Software, including but not limited to: directories, guides, text, photographs, images, illustrations, audio clips, video, source and object code, trademarks and logos (collectively the "Content") is owned or licensed by Pinnacle and/or its affiliated companies, licensors and/or suppliers.

License.
Pinnacle licenses you to use this Website and Content for your personal, non-commercial use only. This license entitles you to download and/or print a single copy of any portion of this Website and Content solely for your personal, non-commercial use, provided you do not remove any trademarks, copyrights, or other notice for such content. If you operate a website and wish to link to Website Content, you may do so provided it is authorized in writing by Pinnacle and you agree to cease such linking upon request from Pinnacle. No other use is permitted without the prior written consent of Pinnacle, which may be withheld or revoked without notice. The permitted personal, non-commercial use described in this paragraph is contingent on your compliance with these Terms and Conditions.

Customer Accounts.
Customer Accounts are not required to view certain Content or visit this Website. However, you are required to create a Customer Account to complete Software license transactions. If you become a Customer Account of the Website, you accept responsibility for all activities that occur under your Customer Account account. You agree to provide true, complete, accurate information at the time of registration and to promptly update this information as needed so it remains true, complete and accurate at all times. We reserve the right to terminate your Customer Account and use of the Website at any time for any reason or no reason whatsoever. You are responsible for maintaining the confidentiality of your login information.

Prohibited Activities.
You may not republish any portion of this Website or the Content on any Internet, Intranet or Extranet website or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration and you may not archive, copy, modify, frame, cache, reproduce, sell, transmit, publish, display or otherwise use any portion of this Website or Content without our express written permission. You may not decompile, reverse engineer, disassemble any Software, products, or processes available at the Website. You are prohibited from inserting or adding any code or product to manipulate the Content or the Software in any way that affects user experience or eliminates Pinnacle code functionality.

Use of Information.
You acknowledge, consent and agree that the Pinnacle may preserve and disclose your Website Customer Account information and the content of your online communications if required to do so by law, or in a good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (1) to comply with legal process, such as a court order, search warrant, or subpoena; (2) to enforce the terms of this Terms of Service; (3) to render service you request; (4) to protect the rights or property of Pinnacle, the Website and third party suppliers and licensors; or (5) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of you or others.

You expressly understand and agree that Pinnacle and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors shall not be liable to You for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, costs of advertising or marketing, or other intangible losses (even if Pinnacle has been advised of the possibility of such damages), resulting from: (a) The use or inability to use the Website; (b) any changes made to the Website or any temporary or permantent cessation of the Website or any part thereof; (c) the unauthorized access to or alteration of Your transmissions or data; (d) the deletion of, corruption of, or failure to store and/or send or receive Your transmissions or data on or though the Website; (e) statements or conduct of any third party on the Website; and (f) any other matter ralating to Your use of the Website.

These limitations of our liability shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

These Terms of Service and any claims, causes of action, of any kind or character, or demand arising out of or relating to the Terms will be governed by the laws of the State of Colorado. You and Pinnacle agree to submit to the personal and exclusive jurisdiction of the courts located withing the county of Denver, Colorado to resolve any dispute or claim arising from these Terms of Service. If (a) You are not a legal U.S. citizen; (b) You do not reside in the U.S., (c) You are not accessing this Software from the U.S., You are not licensed to use the Website.

Severability
If any Section or other provision of these Terms of Service, or the application of such section or provision, is held invalid, then the remainder of these Terms of Service, and the application of such section or provision to persons or circumstances other than those with respect to which it is held invalid, shall not in any way be affected or impaired thereby. In the event that any provision of these Terms of Service becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision. The parties agree to negotiate in good faith a substitute valid and enforceable provision that most nearly effects the parties intent and to be bound by the mutually agreed substitute provision.

Entire Agreement
These Terms of Service constitutes the entire Agreement between You and Pinnacle, governs Your use of the Website and completely replaces any prior agrements between You and Pinnacle in relation to the Website. You may also be subject to additional terms and conditions that may apply to You when You use affiliate services, third-party partners, or third-party Software. The failure of Pinnacle to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver or such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall ne no third-party befeficiaries to this Agreement.

Last Updated: 11/01/2023