Welcome to the website of Pinnacle Cranes. Please read the following terms and conditions carefully as they govern your use of this website.
TERMS OF USE
- Introduction; Binding Agreement. Your use of the Web Site indicates your acceptance of these Terms of Use and our Privacy Policy, which is incorporated by reference herein. Company reserves the right to deny access to the Web Site to any user who does not comply with these Terms of Use and our Privacy Policy.
- Future Changes. Company reserves the right at any time to change or modify the Web Site, these Terms of Use, its Privacy Policy and any other documents incorporated by reference herein. When changes are made, Company will post the current Terms of Use, Privacy Policy and other changed documents on the Web Site. Any use of the Web Site by a user following such changes shall constitute such user’s acceptance of the changed Terms of Use, Privacy Policy and other documents.
- User Information; Privacy Policy. All information supplied by users to Company will be used by Company in accordance with Company’s Privacy Policy.
- Trademarks, Copyrights & Restrictions. All content on the Web Site including, but not limited to, content such as text, designs, graphics, logos, interfaces and images, and the collection and arrangement thereof, is protected by copyrights which are owned or licensed by Company. You may not reproduce, perform, create derivative works from, republish, transmit, or distribute in any way whatsoever any materials from the Web Site without the prior written permission of Company. However, the preceding restriction does not preclude such automated copying as is necessary for operation of your browser for the purposes of using the Web Site for its intended purposes, such as caching Web Site contents or loading the contents into a computer’s RAM. You may also print one copy of the information on the Web Site for personal use, provided that all copyright and other notices contained in the materials are left intact. You agree not to: (a) use any robot, spider, other automatic device to monitor or copy portions of the Web Site or the content contained herein without Company’s prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site; and (c) download, reproduce, duplicate, copy or otherwise exploit any portion of the Web Site for the purpose of sale, resale, or making other commercial use thereof.
- Registration Process. To access certain on-line tools and/or to order products (if applicable) through the Web Site or other third party web sites to which you may link from the Web Site, you must complete a registration process. When completing the applicable registration process, you agree to (a) provide accurate, current, and complete information as required in the registration process and (b) update this information in the future if the information changes. Each user that submits a product order using the Web Site or other third party web sites to which you may link from the Web Site represents that it is at least eighteen (18) years old and that such user has the legal authority to bind any entity the user purports to represent.
- Submissions. Company values your feedback and suggestions to improve our services and Web Site. We do not, however, wish to receive any proprietary or confidential information from you by electronic mail or through our Web Site. If you choose to make a submission or send an email message to us, then by doing so you (a) represent to us that the material submitted in the message is not confidential or proprietary and (b) agree that Company has no obligation with respect to the materials or suggestions and that Company is free to copy, disclose, incorporate, republish and otherwise use or distribute the materials or suggestions submitted by use without providing payment or attribution to you.
- Links. As a service to you, the Web Site includes links to web sites operated by third parties. By providing links to third party web sites, Company is not endorsing or sponsoring such third parties or their web sites. You agree that Company is not responsible for the availability of or content on any web sites operated by third parties that may be accessible through or linked to the Web Site. We recommend that you read and understand the terms of use and privacy policies of each linked web site that you visit.
- Purchase of Product. You may order goods from Company (the “Products”) by placing an order online through the Web Site or third party web sites to which you have linked from the Web Site. The terms and conditions applicable to the purchase of Products are set forth in Company’s Standard Order Terms and Conditions, which are incorporated by reference herein.
- Warranty Disclaimer; Limitation of Liability. THE WEB SITE AND ALL CONTENT ARE PROVIDED “AS-IS,” AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEB SITE OR THE CONTENT ARE DISCLAIMED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE PERFORMANCE OR ABSENCE OF VIRUSES. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THE WEB SITE. IN NO EVENT SHALL COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM YOUR USE, INABILITY TO USE, TIMELINESS OF USE OR RELIANCE UPON THE WEB SITE OR OF ANY WEB SITE LINKED TO OR ACCESSED THROUGH THIS WEB SITE, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
- Indemnity. You agree to indemnify, defend and hold Company, and its subsidiaries, affiliates, officers, members, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Web Site, your use of the Web Site, your connection to the Web Site, your violation of these Terms of Use, or your violation of any rights of another.
- Governing Law; Arbitration. Use of the Web Site shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to the choice of law provisions thereof. Any dispute or claim relating to or arising out of or in connection with use of the Web Site or these Terms of Use shall be finally settled by binding arbitration in Charlotte, North Carolina using the then current rules and procedures of the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that, any provision of law notwithstanding, they will not request, and the arbitrator shall have no authority to award punitive or exemplary damages against any party. Notwithstanding the foregoing, nothing herein shall preclude either party from seeking injunctive relief in any state or federal court of competent jurisdiction in North Carolina without first complying with the arbitration provisions of this Section, and each party hereby consents to the exclusive jurisdiction of state and federal courts in North Carolina for such purpose.
- Complete Agreement; Severability; No Third Party Beneficiaries. These Terms of Use and any agreements governing use of specific portions of the Web Site constitute the entire understanding between you and Company with respect to the Web Site and your use thereof, superseding all prior written and oral communications and understandings. If any provisions or portion of these Terms of Use is not given legal effect by a court of competent jurisdiction, such provisions or portions shall drop out of the Terms of Use and the remaining provisions and portions of the Terms of Use shall be construed and enforced. These Terms of Use shall not be interpreted or construed to confer any rights or remedies upon any third parties.