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Online Purchase Terms

Last updated: May 1, 2018

Online Purchase Terms

These Online Purchase Terms (“Terms”) are a binding agreement between you and any company or other entity on whose behalf you act by accessing, purchasing, or using the Site, Online Sale Services, and/or products provided by us through the Online Sale Services, the user, (“you” or “your”) and Pinnacle Agriculture Holdings, LLC (“Pinnacle”, “us”, “our” or “we”) with respect to any product or service you purchase on or through the Pinnacle online store (the “Online Sale Services”) located at [www.pinnacleag.com] (the “Site”). By purchasing any product through the Online Sale Services, you agree to and accept these Terms. These Terms also include, our privacy policy located at https://www.pinnacleag.com/privacy-policy (“Privacy Policy”), website terms and conditions located at https://www.pinnacleag.com/website-terms (“Website Terms”), and Frequently Asked Questions, located at https://www.pinnacleag.com/faqs (“FAQs”). The Privacy Policy, Website Terms, and FAQs are incorporated into and made a part of these Terms by this reference. In the event of any conflict between these Terms and the FAQs, these Terms shall prevail.

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.

1. Information

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.

2. Warranties

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.

2. Availability

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

You may pay for your orders with a valid credit card. We do not receive funds directly from you when you purchase products through our Site. We utilize a third party credit card payment processing gateway, provided by First Data Corporation (“First Data”), who provides the infrastructure and security necessary to provide secure transmission of your credit card transaction data when you purchase products through our Site. Please refer to our Privacy Policy regarding our and First Data’s use of your information to complete your requested orders. Credit cards are charged at the time you place your order. When an order is submitted, we may pre-authorize your order amount with your credit card provider at the time you place the order, which may have an effect on your available credit line. Please contact your credit card provider for more information. Also, please note that the total purchase price of your order will be reserved on your credit card at the time your order is placed and could remain reserved for a total of up to 7 business days (depending on your banking institution’s policies), even if your order is canceled. You may also pay for your order with financing services that we offer to approved customers help you purchase our products and services for your business and commercial purposes (“Financing Services”). The Financing Services are subject to additional terms and conditions available to you at the time you apply for financing. Please review those terms and conditions before applying for any of our Financing Services.

6. Online Promotions and Coupons

Some promotions or coupons are valid ONLY on our Site while others are valid only in our physical stores. Please read the promotion or coupon details carefully for terms of use. Limit one coupon and transaction per person. Not valid with any other coupons, discounts, volume discounts or special orders. Coupons do not apply to past purchases, taxes, or shipping costs. Enter the applicable coupon code or the applicable promo code prior to your payment to receive the applicable discount for your purchase(s). Other exclusions may apply to any promotion or coupon. See coupon for details.

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.

9. Indemnification

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.

10. Severability

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.

12. Modifications

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.