Terms and Conditions + Privacy Policy
TERMS OF USE
Last Updated April 28, 2022
AGREEMENT TO TERMS
These Terms of Use is an agreement between (“Pinnacle”) and you personally and the entity to which you are employed (“you”). These Terms of Use are applicable to your use of the Retain Service (“Retain”) that is accessible to you using any communication medium (e.g. web browser using Internet or other network, desktop application, mobile application, etc.), and any technology or service that is ancillary to Retain (e.g. databases, APIs, SDKs, servers, hosting services, domains, etc.) (Collectively the “Site”). You state that by clicking the “Accept” button below that you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. You may receive notice of any changes to these Terms of Use by viewing the “Last Updated” date. You waive the right to receive specific notice of any such changes. You agree to review these Terms of Use each time you use the site and that you agree to any future changes based on your continued use of the Site after each update is made.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Pinnacle to any registration requirement with such jurisdiction or country. You agree not to access the Site from any location or country that would violate these Terms of Use.
INTELLECTUAL PROPERTY RIGHTS
The Site is the sole property of Pinnacle and all source code, databases, functionality, software website design, audio, video, text, photographs, and graphics on the Site (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial or private purpose whatsoever, without or express written permission.
Upon agreeing to these Terms of Use, Pinnacle grants you a limited license to access the Site and view the Content associated with your employer.
We reserve all rights to not expressly granted to you in accessing the Site, the Content, and the Marks.
USER REPRESENTATION
By using the Site, you represent and warrant that: (1) you have the legal capacity to agree to these Terms of Use; (2) you are an employee of the employer that has entered into a valid agreement with Pinnacle to use the Site; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not attempt to access Content that is not applicable to you or your employer; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use of the Site will not violate any applicable law or regulation.
In order for Pinnacle to properly provide the services agreed upon with your employer, where you are allowed to provide information, you agree that the information provided by you is true, accurate, and complete. Failure to provide true, accurate, and complete information may result in Pinnacle refusing to grant you access to the Site.
CANCELLATION
You may cancel your access to the Site at any time. Such cancellation does not have any effect on any other agreement between Pinnacle and you or Pinnacle and your employer.
If at any time you are no longer employed by your employer, you will discontinue your use of the Site and make no further attempt to use or gain access to the Site or any Content.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which Pinnacle makes the Site available as specified in these Terms of Use or any agreement between Pinnacle and your employer, expect those that are specifically endorsed or approved by us.
While using the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead Pinnacle or and other uses, especially in any attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the user of copying of any Content or enforce limitations on the user of the Site and/or Content contained therein.
4. Disparage, tarnish, or otherwise harm Pinnacle or the Site.
5. USe any information obtained from the Site in order to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Engage in unauthorized framing of or linking to the Site.
9. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters, and spamming (continuous posting of repetitive text), that interferes with any part’s uninterrupted use of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Site.
10. Engage in any automated use of the system, such as scripting to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
11. Delete the copyright or other proprietary rights notice from any Content.
12. Attempt to impersonate another user or person or access the Site using the username and password of another user.
13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
14. Interfere with, disrupt, or created an undue burden on the Site or the networks or services connect to the Site.
15. Harass, annoy, intimidate, threaten and of Pinnacle’s employees or agents engaged in providing any portion of the Site to you.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, Javascript, or other code.
18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
19. Use the Site as part of any effort to compete with Pinnacle or otherwise the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
USE GENERATED CONTRIBUTIONS
The Site offers users the ability to provide, create, submit, post, display, transmit, perform, publish, distribute, or broadcast to Pinnacle using the Site, in any form of media (e.g. video, text, photographs, etc.) (collectively “Contributions”). Contributions may be viewable by Pinnacle, other users, and third-party representatives designated by Pinnacle to provide services agreed upon between your employer and Pinnacle.You represent and warrant that any Contributions made by you are are directed to made by you:
1. Do not and will not infringe upon the rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of Pinnacle or any third party.
2. Are created by you and that you or your employer has the necessary licesnse, rights, consents, and permission to use and to authorize Pinnacle, the Site, and any third-party representatives designated by Pinnacle to use your Contributions in any manner contemplated in these Terms of Use or any other agreement made between Pinnacle and your employer.
3. Are not false, misleading, or inaccurate.
4. Are not obscene, lewd, lasvisious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by Pinnacle).
5. Do not mock, disparage, intimidate, or abuse anyone.
6. Are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
7. Do not violate any applicable law, regulation or rule.
8. Do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
9. Do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing these Terms of Use may result in, among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
You agree to allow Pinnacle to access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting Contributions, as defined herein, you agree that Pinnacle may use and share such Contributions for the purposes defined in these Terms of Use and any other agreement made between Pinnacle and your employer without compensation or attribution to you.
We do not assert any ownership over your Contributions. You or your employer retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any states or representations in your Contributions provided by you. You are solely responsible for your Contributions and you express agree to exonerate and hold harmless Pinnacle from any and all responsibilities and to refrain from any legal action against us regarding your Contributions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
1. Monitor the Site for violations of these Terms of Use;
2. Take appropriate legal action against any who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement agencies;
3. In our sole description and without limitation, refuse, restrict access to , limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
4. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
GOVERNING LAW
These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Utah and the Courts of the State of Utah shall have exclusive jurisdiction to resolve any disputes between Pinnacle and you.
MERGER
These Terms of Use constitute the entire agreement by and between Pinnacle and you, and any other prior representations or agreements are deemed merged herein, and those not specified herein do not represent any agreements or promises or covenants or representations on the part of either party hereto.
EXCLUSION OF WARRANTY
THE COMPANY AND ANY THIRD-PARTY PROVIDERS AND SUPPLIERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY PRODUCT, SERVICE, OR CONTENT PROVIDED ON THE SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. THE COMPANY AND ANY THIRD-PARTY PROVIDERS AND SUPPLIERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO EVENT SHALL THE COMPANY OR ANY THIRD-PARTY PROVIDERS OR SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR ( III) THE PERFORMANCE OR NON-PERFORMANCE BY THE COMPANY OR ANY THIRD-PARTY PROVIDERS OR SUPPLIERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY INJURIES, DAMAGES, OR LOSSES CAUSED TO ANY CUSTOMER IN CONNECTION WITH TERRORIST ACTIVITIES, SOCIAL OR LABOR UNREST, MECHANICAL OR CONSTRUCTION FAILURES OR DIFFICULTIES, DISEASES, LOCAL LAWS, CLIMATIC CONDITIONS, ABNORMAL CONDITIONS OR DEVELOPMENTS, OR ANY OTHER ACTIONS, OMISSIONS, OR CONDITIONS OUTSIDE THE COMPANY'S CONTROL.
IN THE EVENT THE COMPANY IS FOUND LIABLE FOR CLAIMS OR DAMAGES RELATED TO THIS AGREEMENT, THE COMPANY'S TOTAL LIABILITY WILL BE LIMITED TO 1) THE TOTAL FEES PAID BY THE CUSTOMER DURING THE 3 MONTHS IMMEDIATELY PRIOR TO THE CLAIM OR 2) NOTHING IF THE SERVICES WERE PROVIDED FOR FREE.
MODIFICATION
The Company may at any time modify these terms of use and your continued use of the Site will be conditioned upon these Terms of Use under which the Site is offered at the time of your use.
Pinnacle may add, change or delete availability and functionality of the data, the software, the hardware and physical location of the hosting environment related to the online services at our sole discretion in any way.
You agree that these changes will occur at Pinnacle’s time of choice and you won't be given the option to delay, refuse or prevent these changes to the service if you wish to continue using the services provided by Pinnacle.
CONTACT US
Pinnacle
Phone: