Terms and Conditions

Pinnacle Shopping Cart Software Service & License Agreement

This Service Agreement (“Software Service Agreement”) is a legal agreement between Customer (either an individual or a single entity) (referred to herein as “Customer”) and PinnacleCart(“Company”). By using the PinnacleCart Software, Customer agrees to be bound by the terms of this Agreement. If Customer does not agree to the terms of this Agreement, do not purchase the PinnacleCart Software.

This Agreement constitutes the entire agreement between Customer and Company, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the content, or services provided by or through the website, and the subject matter of this Agreement. Company may amend this Agreement at any time, without specific notice to Customer. The latest Agreement will be posted on the Site, and Customer should review this Agreement prior to using the Software.

License Agreement

By Company installing this software, customer agrees to the following license:
Company’s program is copyrighted and logo is trademarked.

License Grant

Company hereby grants to Customer, and Customer accepts, a nonexclusive license to use PinnacleCart Software Service, object code form only (collectively referred to as the “Software” and “Program”), and any accompanying User Documentation, only as authorized in this License Agreement. The Software may be used on any one website owned by Customer, or if Customer is a company or corporation, any one website owned by Customer company or corporation.

Ownership of Website Content

Customer agrees that Company has no proprietary or other interested in Customer’s content. By offering hosting of Customer’s content, Company does not publish or otherwise provide Customer’s content to end users. Customer is solely responsible for all text, graphics, data and any aspect of Customer’s website content. Customer warrants that it owns or has the right to use and offer the content on its website.

Limited Warranty

Company warrants to Customer benefit alone, that the Software conforms in all material respects to the specifications for the current version of the Software. This warranty is expressly conditioned on Customer’s observance of the operating, security, and data-control procedures set forth in the Owner’s Manual

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CUSTOMER DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE LICENSED PROGRAM, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, ANY NEGLIGENCE, AND ITS MERCHANT ABILITY OR FITNESS FOR A PARTICULAR USE.

Proprietary Protection

Company shall have sole and exclusive ownership of all right, title, and interest in and to the Licensed Program and all modifications and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), subject only to the rights and privileges expressly granted to Customer herein by Company. This Agreement does not provide Customer with title or ownership of the Software, but only a right of limited use. Customer must keep the Licensed Program free and clear of all claims, liens, and encumbrances.

Restrictions

Customer may not use, copy, modify, or distribute the Software (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by Company. Customer rights may not be transferred, leased, assigned, or sublicensed except for a transfer of the Licensed Program in its entirety to (1) a successor in interest of Customer’s entire business who assumes the obligations of this Agreement or (2) any other party who is reasonably acceptable to Company, enters into a substitute version of this Agreement, and pays a $99.00 administrative fee intended to cover attendant costs. No service bureau work, multiple-user license, or time-sharing arrangement is permitted, except as expressly authorized by Company.

Injunctive Relief

Customer acknowledges that, in the event of Customer breach of any of the foregoing provisions, Company will not have an adequate remedy in money or damages. Company shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. Company’s right to obtain injunctive relief shall not limit its right to seek further remedies.

Service Agreement

Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect this Software Service Agreement. This Agreement does not transfer any right, title or interest in the PinnacleCart Software to Customer except as specifically set forth herein.

Copyright

All title and copyrights in and to the PinnacleCart Software (including but not limited to any scripts, images, photographs, and copy into the PinnacleCart Software), the accompanying printed materials, are owned by Company, and copyright laws and international treaty provisions protect PinnacleCart Software. Therefore, Customer must treat the PinnacleCart Software like any other copyrighted material.

Customer Support

Company may provide Customer with customer support related to the PinnacleCart Software Service Agreement. The current support program details can be found at https://www.pinnaclecart.com/support.

• Free phone support – 6am – 7pm MST M-F (Weekends 9am – 6pm)
• Free email support – 24/7 email support to hosted customers that are paid in full.
• Free Upgrades – Software version upgrades are available no charge to hosted customers that are paid in full.

Use of Customer Support is governed by the policies and programs described in the handbook or under the “help” area of the PinnacleCart website. With respect to technical information Customer provides to Company, as part of the Customer Support, Company, may use such information for its developmental purposes, including for Software support and upgrades. Company will not utilize such technical information in a form that personally identifies Customer.

Software Service – Restricted Rights

The PinnacleCart Software Service and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software, Restricted Rights at 48 CFR 52.227-19, as applicable. Creator is PinnacleCart PinnacleCart  25568 Genesee Trail Rd,  Golden, CO 80401

Recurring Service Fees

Company will set up an automated billing cycle that will charge Customer recurring fees based upon the package that was ordered. Billing date is calculated by adding service period days from the date of the original order. e.g monthly services is 30 days annual are 365. This is called the Billing Due Date. Customer will prepay recurring service in accordance with this Software Service Agreement for Software Services to remain live and its hosting account valid. In the event of cancellation or termination of services, Company does not offer a prorated service on any monies collected.

Service & Product Fees

Company will deem all services and products ordered commenced on the date of order. Examples of these include but are not limited to Design and Development Services, DIFM (do it for me), SEO, SSL, Training and Advanced Client Services.Additional information may be collected for packages ordered, but regardless of data gathered are still considered non-cancelable and non-refundable. In the event of cancellation or termination of services, Company does not offer a prorated service on any monies collected.

Late Payment

To avoid uninterrupted Service, Customer must make timely monthly payments by any means offered by Company. Company requires Customer to prepay for monthly services. Company will have the right to terminate this Agreement and/or suspend Customer access to any or all of Company’s Services and/or performance of the services provided by Company hereunder immediately. Furthermore, Company reserves the right to delete all Customer data within the hosting environment after thirty (30) days. Customer may request Company to provide Customer logs, for a fee, as a requirement of PCI-Compliance, prior to deleting records.

If payment is not received, Company will immediately notify Customer regarding non-payment. Resolution and payment, including a Flat rate of $10 is required to be paid prior to restoring services. Customer will be responsible for any costs associated with collecting such fees including, without limitation, legal costs, attorneys’ fees, court costs and collection agency fees.

Cancellation

Clients can cancel their Software Services hosting account at any time. Company will only honor a cancellation request from the cancellation request form inside your PinnacleCart PCMA account (Click Here). Client must complete the entire cancellation request form for the request to be submitted. Failure to provide this information may result in a delay of processing your cancellation. Cancellation requests will not be recognized by any other communication written or verbal other than the aforementioned method. Client is still responsible for any overages that occur in the month of the request. Monthly service fees are not prorated. To avoid paying for additional monthly service all cancellation requests must be received prior to midnight MST on the day before the Client’s Billing Due Date. Please allow for 72 business hours for us to confirm and process your request.

Additional Fees

Based upon the PinnacleCart Software Service package, additional costs will be charged as follows:

• Bandwidth – $3.50/gigabyte over Startup, Small Biz and Entrepreneur packages.
• Disk Space – $10/up to 100 megabyte over Startup, Small Biz and Entrepreneur packages.
• Bandwidth – $2.50/gigabyte for all packages above and including Enterprise.
• Disk Space – $8/up to 100 megabyte for all packages above and including Enterprise.

Overage Fees are flat rates and not prorated based upon usage. Fees will be charged on the following month’s billing cycle. Failure to make payments related to overages can result in an interruption in service.

Change in Fees

Company may change fees at Company’s discretion

Terms of Use

This Agreement is on a month-to-month basis.

Company can terminate this agreement at anytime with a 10-day notice. Company will send a confirmation email notification of the termination. Customer is responsible for the last full month of service and Company does not pro-rate a return of any of the funds collected on the final payment.

Customer will be responsible for a final month payment for any and all Services under this Software Service Agreement. Customer further understands that there may be one additional bill for overage services associated with the Software Service Agreement, covered hereunder, after the Service has expired.

Company will notify Customer, by email, of any cancellation notice. Company will further outline steps Customer may need to take in order to transition Service to another provider.

You must be 18 years or older and register for a Pinnacle Cart account with your full legal name, current address, phone number, a valid email address, and any other information indicated as required by Pinnacle Cart.  We may reject your application for an account, or cancel an existing account, for any reason, in our sole discretion. You are also responsible for keeping your password secure and Pinnacle Cart will not be liable for any losses from your failure to maintain the security of your password and account.

You shall be responsible for all activity in your account and the content you load and display including, but not limited to, graphics, images, videos, written content, code, information, data uploaded or collected, data generated or stored, data distributed or transmitted in connection with your account.

Any breach or violation of any term in the Pinnacle Cart Terms of Service, as determined by Pinnacle Cart in their sole discretion, may result in an immediate termination of your Services.

You shall not use the Pinnacle Cart Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction. You shall at all times comply with any and all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service

You agree that Pinnacle Cart may amend the Terms of Service at any time by posting the amended and fully restated Terms of Service on Pinnacle Cart website, available at https://pinnaclecart.com/terms and such amendments to the Terms of Service are effective as of the date of posting by Pinnacle Cart. Your continued use of Pinnacle Cart services after the amended Terms of Service are posted to Pinnacle Cart’s website constitutes your agreement to, and acceptance of, the amended and fully restated Terms of Service. If you do not agree to any changes to the Terms of Service, you should immediately discontinue using the Service.

All of the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, permitted assigns and representatives. Pinnacle Cart shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer this Terms of Service, or any of your other rights or obligations under this Terms of Service, to any third party without Pinnacle Cart’s prior written consent, to be given or withheld in Pinnacle Cart’s sole discretion.

If any provision in this Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision had never been contained within the Terms of Service.

Acceptable Use Policy

This Pinnacle Cart Acceptable Use Policy describes the activities that are prohibited in connection with your use of the Pinnacle Cart Service.

Any Illegal Activity: You may not offer any goods or services, or post or upload anything that violates or that facilitate or promote activities that violate the laws of any jurisdictions in which you operate or do business. Additionally, you may not offer goods or services, or post or upload anything, that infringe on the copyright or trademarks of others. Without limiting any other remedies, Pinnacle Cart may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Pinnacle Cart service.

Deceptive And/Or Malicious Practices: You may not use the Pinnacle Cart Service to transmit malware or host phishing pages. You may not perform activities or upload or distribute anything that harm or disrupt the operation of the Services or other infrastructure of Pinnacle or others, including Pinnacle Cart’s third party providers. You may not use the Pinnacle Cart Service for deceptive commercial practices or any other illegal or deceptive activities. You may not use the Pinnacle Cart Service to transmit unsolicited commercial electronic messages (i.e. spam email).

Harassment, Defamation and Exploitation: You may not offer goods or services, or post or upload Materials, that harass, defame or threaten anyone. You may not offer goods or services, or post or upload anything that may exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner. You may not offer goods or services, or post or upload anything that promotes self-harm. You may not use the Pinnacle Cart Service to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discriminatory intolerance. You may not use the Pinnacle Cart Service to promote or support organizations, platforms or people that promote or condone such hate or threaten or condone violence to further a cause. You may not offer goods or services, or post or upload anything, that implies or promotes support or funding of, or membership in, any terrorist organization.

Confidential Personal Information: You may not post or upload anything that contains personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential ID numbers, or account passwords unless you have consent from the person to who the information belongs or who is otherwise authorized to provide such consent. You may not use the Pinnacle Cart Service to collect, store, or process any protected health information subject to the Health Insurance Portability and Accountability Act (“HIPAA”), any applicable health privacy regulation or any other applicable law governing the processing, use, or disclosure of protected health information.

Restricted Items: You may not offer goods or services that are, or appear to be “Restricted Items”.  This includes, but is not limited to:

Certain Firearms

• An automatic firearm that has not been rendered inoperable.
• A semi-automatic firearm that has the capacity to accept a detachable magazine, with one or more of the following items:
  • magazine capable of accepting more than 10 rounds
  • bump stock
  • rapid fire trigger activator or trigger crank
  • barrel shroud
  • thumbhole stock
  • threaded barrel capable of accepting a flash suppressor, sound suppressor or silencer
  • grenade or rocket launcher
  • flash suppressor, sound suppressor or silencer
  • pistol grip (or in the case of a pistol, a second pistol grip)
  • forward pistol grip
• a semi-automatic firearm that has a fixed magazine with the capacity to accept more than 10 rounds.
• firearms without serial numbers.
• ghost guns and 3D printed guns, including blueprints for such guns.
• any part, component or kit for any firearm or gun listed above.

Certain Firearm Parts

• 80% or unfinished lower receivers
• A magazine capable of accepting more than 10 rounds
• A bump stock
• A grenade or rocket launcher
• A pistol grip (or in the case of a pistol, a second pistol grip)
• A forward pistol grip
• A barrel shroud for use with a semi-automatic firearm
• A thumbhole stock for use with a semi-automatic firearm
• A threaded barrel capable of accepting a flash suppressor, sound suppressor or silencer for use with a semi-automatic firearm.
• A flash suppressor, sound suppressor or silencer for use with a semi-automatic firearm.
• A rapid fire trigger activator or trigger crank.
• Any part, component or kit for a firearm part or including a firearm part listed above.

We may, at any time and without notice, remove anything, and suspend or terminate your Account or your access to the Pinnacle Cart Service if you engage in activities that violate the letter or spirit of this Acceptable Use Policy, including activities outside of your use of the Services.

Pinnacle Cart has the right, but not the obligation, to monitor or investigate any Account and your use of the Pinnacle Cart Service at any time for compliance with this Acceptable Use Policy and the Pinnacle Cart Terms of Service, or any other agreement between you and Pinnacle Cart governing your use of the Pinnacle Cart Service. Pinnacle Cart’s determination of whether a violation of this Acceptable Use Policy has occurred will be final and binding, and any action taken with respect to enforcing this Acceptable Use Policy, including taking no action at all, will be at Pinnacle Cart’s sole discretion.

Pinnacle Cart may modify this Acceptable Use Policy, including the list of Restricted Items, at any time by posting a revised version at https://pinnaclecart.com/terms. By continuing to use the Pinnacle Cart Service or access your Pinnacle Cart Account after a revised version of the Acceptable Use Policy has been posted, you agree to comply with the latest version of the Acceptable Use Policy. In the event of a conflict between the Acceptable Use Policy and the Terms, the Acceptable Use Policy will take precedence, but only to the extent required to resolve such conflict. 

If you feel that a user of the Pinnacle Cart Service has violated this Acceptable Use Policy, please contact support@pinnaclecart.com.

Email Use

Customer has optional access to user Company servers to send and receive emails.

Customer agrees to comply with the CAN Spam Act of 2003 located here:

https://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business. Any violation to the CAN Spam Act of 2003 will result in the immediate shut down and access to the website. Company will charge Customer $500.00 (five hundred dollars) for the violation and any additional fees and time associated with the violation.

Company’s time will be billed at $95 per hour.

Company has a zero tolerance policy for spam and does not permit spam to be sent through Company mail servers.

All email sent via Company mail servers must meet the following criteria:

• Email subject lines must not be misleading
• The recipient of your email must have made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you.
• The email address that was used to send the email is required to contain the domain name of your website.
• All email sent to customers in the form of a newsletter or for marketing purposes must include the ability to unsubscribe. All requests to unsubscribe must be processed within 10 business days.
• No more than 1,000 emails can be sent by the PinnacleCart newsletter tool or product email tool within a 48 hour period. Violation of this policy will result in a charge of $0.10 per email attempted. A second violation can result in the shutdown of the violating website.

In addition, any account that uses more email accounts than allowed on their hosting package, will be moved up to the appropriate level and billed accordingly.

Termination Due to Breach

Company may terminate this Software Service Agreement if Customer fails to comply with the terms and conditions of this Software Service Agreement. Company also reserves the right to take additional legal action for violations of this Software Service Agreement.

Miscellaneous

United States Law

If Customer is located in the United States of America; this Software Service Agreement is governed by the laws of the State of Colorado, United States, excluding any conflict of law principles, and specifically excludes the United Nations Convention on Contracts. The U.S. federal and state courts of the State of Colorado shall have sole and exclusive jurisdiction and venue to adjudicate over any actions relating to the subject matter of this Software Service Agreement. Regardless of the physical location of Customer, the parties hereto consent to the exclusive jurisdiction of the courts specified above, and expressly waive any objection to the jurisdiction or convenience of such courts. Customer may contact the Company, for any reason. Please write: PinnacleCart  25568 Genesee Trail Rd,  Golden, CO 80401 Attention: Legal or email legal@pinnaclecart.com.

Indemnification

Customer agrees to indemnify, defend, and hold Company and its successors, officers, directors, agents and employees harmless from any and all actions, causes of action, claims, demands, cost, liabilities, expenses and damages (including attorneys’ fees) arising out of, or in connection with, this Software Service Agreement. Company agrees to indemnify, defend, and hold the Customer and its successors, officers, directors, agents and employees harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses and damages (including attorneys’ fees) arising out of any breach of this Agreement by the Company.

Limitation Remedy

Company, its Affiliates, and Service Providers entire liability and Customer’s exclusive remedy shall be, at Company’s option from time to time exercised subject to applicable law, return of the price paid for the Service. Customer will receive the remedy elected by Company without charge, except that Customer is responsible for any service expenses Customer may incur in returning monies.

Trademarks

Customer may use Company’s trademarks, service marks, trade names, logos, or other commercial or product designations (collectively, “Marks”) for promotional purposes with prior written consent of Company. Notwithstanding the foregoing, Customer grants to Company a nonexclusive, nontransferable, royalty-free, worldwide license to use Customer’s Marks (a) for the purposes of marketing, promotion, and content directories or indexes and (b) in electronic or printed advertising, publicity, press releases, newsletters and mailings about the Customer and the Customer/Company relationship.

Disclaimer of Warranties

Notwithstanding anything to the contrary herein, company provides that all services performed hereunder are “as is”. The company hereby expressly disclaims all express, implied or statutory warranties, regarding company’s software service or any portion thereof, including but not limited to fitness for a particular purpose, title, non-infringement and any implied warranties arising from course of dealing, usage, trade practice, or course of performance. Without limiting the generality of the foregoing, company specifically disclaims (a) any warranty regarding: the number of persons who will access the content; (b) that the services will meet the customer’s needs or expectations, (c) that all nonconformities can or will be corrected; or (d) the operation or appearance of the software. Company does not guarantee or warrant that access to or use of the database shall be continuous, uninterrupted, secure beyond company’s firewall or error-free. In the event of interruption of the service, company’s sole obligation shall be to restore service as soon as reasonably possible.

Limitation of Liability

Notwithstanding any damages that customer might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of company and any of its suppliers under any provision of this agreement and customer’s exclusive remedy for all of the foregoing (except for any remedy of repair elected by company with respect to any breach of the limited warranty) shall be limited to the greater of the amount actually paid by customer for the first three months of service. The foregoing limitations, exclusions and disclaimers (including sections above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Assignment

Company shall have the right to transfer and assign this Software Service Agreement, in whole or in part, to any person or entity who acquires all or substantially all of the business or assets of the Company or that portion of the business or assets to which this Software Service Agreement relates.