Online Purchase Terms
Last updated: May 1, 2018
Online Purchase Terms
IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT PURCHASE THE PRODUCTS OR SERVICES AVAILABLE ON OUR SITE.
A. Products we Offer on our Site.
Unless indicated otherwise, most products and services featured on the Site are available directly from or through Pinnacle. We have made a conscientious effort to display and describe the products and services on the Site accurately so that you can have a good idea of their design and use, and of the services offered. Furthermore, we are constantly improving our products, product information and services.
Most products and product options displayed on the Site are available, but in some cases, certain products, product options or other merchandise displayed for sale on the Site may not be immediately available for order. Further product details, including specifications, images, colors, prices and features thereof, may not be an accurate representation of the actual product. All configurations and information generated on the Site are subject to change without notice. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the Site at any time without prior notice. All information of any sort related to the products offered on the Site should be independently confirmed and verified by you when you place your order.
3. Disclaimer of Warranties
IN ADDITION TO THE WARRANTY DISCLAIMERS SET FORTH IN OUR WEBSITE TERMS OUR PRODUCTS ARE SOLD AND FURNISHED "AS IS" BY US. EXCEPT FOR STATEMENTS SPECIFICALLY MADE ON THE PRODUCTS’ LABEL AND WHEN USED IN ACCORDANCE WITH LABEL DIRECTIONS UNDER NORMAL CONDITIONS OF USE, WE EXCLUDE AND MAKE NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY KIND TO YOU, OR TO ANY THIRD PARTY, EITHER EXPRESS OR IMPLIED, ORALLY OR IN WRITING, OR BY USAGE OF TRADE, STATUTORY OR OTHERWISE, WITH REGARD TO THE GOODS SOLD, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR USE OR ELIGIBILITY OF THE PRODUCTS FOR ANY PARTICULAR TRADE USAGE. FURTHER, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE PRODUCTIVENESS OF ANY SEEDS, BULBS, OR PLANTS WE SELL AND WILL NOT BE IN ANY WAY RESPONSIBLE FOR THE RESULTING CROP.
4. Product Ratings and Reviews
Our ratings and reviews features allows you to rate products and/or write a product review based on your personal experience with that product. Ratings and reviews are screened and filtered for profanity, violence, illegal activities or inappropriate material. Approved product ratings and reviews are posted on the product detail page of the product it is referencing. Product ratings and reviews should be made only by individuals who have actual experience with the product. Our employees, contractors, vendors, board members, investors and any other individual with a vested interest in Pinnacle are strongly discouraged from submissions. Approved ratings and reviews will remain visible on the Site product page as long as the product is presented online. We do not warrant, endorse or guarantee any ratings or reviews provided on the Site.
B. Online Purchase Terms.
1. Order Limitations
Receiving a confirmation does not guarantee the acceptance of an order by Pinnacle. We may, at our own discretion, limit or cancel items or quantities purchased per customer, per delivery address, or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail, phone and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers. We reserve the right to discontinue the sale of any product listed on the Site at any time without notice.
Certain products may not be available for sale in all areas.
3. Terms of Sale
Our acceptance of any order is subject to your assent to all of the terms and conditions set forth in these Terms located. No addition or modification of these Terms shall be binding upon us unless agreed to by us in writing. If a purchase order or other correspondence contains terms or conditions contrary to these Terms, our acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by us of any of these Terms.
4. Not for Personal Use
You represent and warrant that you are purchasing our products solely for your commercial and business purposes and that your use is no way for your own personal enjoyment or use, any personal, family, or household purposes, or any other purpose other than for your commercial and business purposes.
5. Paying for Your Order
6. Online Promotions and Coupons
7. Shipping and Our Return Policies
Please see our FAQs available at https://www.pinnacleag.com/faqs for our shipping and return policies. You acknowledge and agree that subject to these Terms and the FAQs, all claims for lost or damaged shipments should be directed to the appropriate shipment carrier initially.
8. No Assignment
Rights and privileges under these Terms may not be assigned and obligations under these Terms may not be delegated without the prior written consent of Pinnacle. Any actual or attempted assignment without our prior written consent shall entitle us to cancel such order upon notice to you.
In addition to any other indemnification obligations you owe under the Website Terms, you shall defend, indemnify and hold us harmless to the full extent of any claims, demands, losses, damages, cost, lost profits, fines, penalties, attorneys' and other professional fees and court costs, and all other expenses arising from your failure to comply with your obligations under all applicable laws, rules, and regulations regarding the import and/or export of the products your purchase from us, or the stated statutes and regulations, as they exist now or may be amended from time to time.
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of these Terms will continue in full force and effect.
11. Waiver and Your Time to File Claims
No waiver of any breach of a provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing. Any action on behalf of you arising under these Terms must be commenced within one (1) year after the cause of action accrued.
We may modify these Terms at any time, at its discretion, and modifications are effective upon being posted on the Site. You are responsible for reviewing these Terms to ensure that you are aware of any changes made to the Terms.
13. Jurisdiction and Governing Law
These Terms shall be construed, governed and enforced under the laws of the United States and the State of Delaware (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to these Terms, shall be in a federal or state court of competent jurisdiction located in Denver County, Colorado. Each party hereby consents and submits to the in personam jurisdiction of such courts, and to the extent permitted by law, hereby consents that all services of process may be made by any nationally recognized overnight courier, or by certified or registered mail, postage prepaid and return receipt requested. Each party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party agrees that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law.