Terms of Use Pinnacle Data Systems L.L.C. ("PDS," "us" or "we") welcomes you to our website a www.pinnacledatasystems.com (this "site"). Your use of this site for PDS is subject to the following terms of use ("Terms of Use"), which applies to all services provided by this site.
By accessing, browsing, or otherwise using this site, you agree that you have fully understood and agree to be bound by these Terms of Use and comply with all applicable laws and regulations as they may exist from time to time and be applicable to this site and its operation. You also agree to the privacy conditions and policies of this site (the "Privacy Policy") and to these terms and conditions of your current PDS Billing Services Contract (the "Agreement," which are incorporated herein by reference. In the event that you do not agree to be bound by these Terms of Use, you may not access or otherwise use this site. Clicking on the button marked "Accept" indicates that you have read and accepted these Terms of Use.
We may amend these Terms of Use at any time by posting the amended terms on this site. The amended terms shall be effective automatically upon being posted on this site. Your continued use of this site will be deemed your agreement to the amended terms and conditions.
1. LICENSE TO USE THIS SITE
Upon acceptance by you of these Terms of Use, as they may exist from time to time, you shall be granted a non-exclusive, non-transferable and a limited right to access, use, and display this site and the materials thereon provided you continue to comply with our Terms of Use.
2. NON-INTERFERENCE
You agree that you will not in any way interfere with the operation of this site, so as to cause actual or perceived damage to us. You agree therefore not to interfere by way of spamming, hacking, up-loading any viruses or time-bombs or in any other fashion interfere with any transaction made through this site, the operation of this site by us or the availability of this site to any individual who wishes to access this site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In the event of any such interference, as we may determine in our sole discretion, we shall have the right to terminate your right to use this site and to use all legal actions available to us against you.
3. ELIGIBILITY AND FEES
To use this site you must be legally able to make binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to any other person or entity otherwise restricted under applicable law, regulatory treaty or convention. If you do not qualify, please do not use this site. We may refuse our services to anyone or limit your use of this site at any time and for any reason whatsoever, in our sole discretion. In addition to any other rights, PDS may in its sole and absolute discretion and without further notice to you, terminate the right of any user to use in any fashion or participate in any way on this site. All invoices are due upon receipt. ACH auto-debits will be withdrawn from the customer’s account one (1) business day after the bill posting date. Returned payments are charged a fee of $35.00/item. After three (3) occurrences of a returned item, we will terminate the customer’s use of this site. Third party payments originating from home banking partners will be billed at a flat rate of $.10/payment each. Notification of change of financial institution is required and such notifications will be billed at a rate of $1.00/change. Changes received from the customer’s bank will be charged a change and return item fee. Payment reversals will be billed at a rate of $.10/reversal.
4. COPYRIGHTS AND INTELLECTUAL PROPERTY OWNERSHIP
You acknowledge that this site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that is either owned, controlled or licensed by PDS and that all Content on this site is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
All Content is copyrighted by PDS or its affiliates as a collective work under the U.S. copyright laws, and PDS or its affiliates own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
5. PRIVACY
We recognize and respect the importance of maintaining the privacy of our users and have established the Privacy Policy as a result. In our Privacy Policy we describe why we gather customer and member information, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of that information. We encourage you to carefully read our Privacy Policy. To link to our Privacy Policy, click here.
6. ONLINE CONDUCT AND REGISTRATION
All information that you provide to PDS in connection with your registration for PDS or other use of the site, including legal name, address, telephone number(s) and any payment information (e.g. bank account details) shall be current, complete, true and accurate. You shall not provide any false information in connection with the use of this site. You agree to immediately update or correct any information, which you have provided if such information becomes outdated, or misleading. You warrant and represent to us, which representation we rely upon, that you will not up-load, post, or transmit to a distributor or otherwise permit or publish through this site any information and materials which may inhibit the utilization and use of this site, which may be unlawful, abusive, libelous, defamatory, obscene, pornographic, indecent or sexually explicit in accordance with the relevant laws or which would constitute a criminal offence or give rise to civil liability, use or violate any intellectual property rights or other parties, violate personal or privacy rights of third parties or provide us with any false or misleading information about you.
7. PASSWORD
You are solely responsible for the use and protection of your password or pin code provided by PDS and you hereby agree that PDS shall have no liability to you with respect hereto. You agree not to give your password or pin code to anyone. If you believe that your PIN code has been lost or stolen or someone has gained unauthorized access to your PIN code, call us immediately on (888) 895-1004.
8. INDEMNIFICATION
You, your heirs, successors and assigns hereby agree to indemnify and save us harmless from and against any claims, actions and liabilities incurred, including bank service fees, all legal costs and expenses of any kind, in connection with any claim arising out of or based upon or occurring from your use of this site or arising from your alleged breach of any of your agreements, covenants, warranties, representations, and obligations under these Terms of Use. Your indemnification obligations shall extend to PDS and its directors, officers, owners, affiliates, employees, agents and sub- agents. In the event that any such claim or action is asserted against us, or our officers, directors, owners, affiliates, employees, agents and sub agents, we shall have the right at our own expense to assume the exclusive defense and control of any such claim or action against us and no settlement shall be made by you or without our prior written consent to be exercised on a reasonable basis.
9. Links To Other Web Sites
This site may contain links to other web sites on the World Wide Web. We are not responsible for the content or privacy practices or lack thereof by such other sites or sites, nor do we make any representation or warranty as to the accuracy of the functioning of any other site, nor do we endorse the contents of such site or its accuracy of content.
10. Advertising
A number of other companies supply content to this site and may make offers available to you. You deal with and enter into transactions with advertisers on or suppliers of content to this site at your own risk. While the PDS trademark will appear on all pages available via this site, we are not a party to any such transactions and are not liable for any claims or damages that may result from them.
11. Control Of Site
PDS may at any time, and from time to time, in its sole discretion, modify or discontinue this site on a temporary or permanent basis without notice or liability to you or any other user of this site. We may also impose limits on certain features and services and restrict access to all or any portion of this site without notice or liability to you.
12. DISCLAIMER
THIS SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE ASSUME NO RESPONSIBILITY FOR TIMELINESS, SECURITY, DELIVERY, OR FAILURE TO RECEIVE, USE, STORE OR OTHERWISE BE INVOLVED WITH ANY COMMUNICATION FROM OR TO YOU. WE MAKE NO REPRESENTATION OR WARRANTY TO YOU, WHETHER EXPRESSED OR IMPLIED REGARDING THIS SITE’S FUNCTIONING, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NOR FOR ITS CONTENTS OR TITLE, NOR THAT OUR SERVICE OR THIS SITE WILL EVER BE UNINTERRUPTED OR ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT DEFECTS WILL BE CORRECTED, NOR FOR ANY BREECH OF SECURITY, NOR FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY MATERIAL FROM THIS SITE. YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE AND ITS SERVICES IS SOLELY AT YOUR RISK.
13. Limitation of Liability
We provide this site and our express services “as is” and without any warranty or condition, express or implied. To the full extent permissible under the applicable law, neither we nor our directors, officers, owners, employees, agents, sub-agents, subsidiaries, affiliates or service provider shall be liable for damages of any kind. (whether for negligence or breach of contract) including and without limitation any indirect, special, incidental, punitive and consequential damages, including without limitation lost profits, revenues or data arising out of or in connection with this site, the inability to use this site or resulting from any goods or services purchased or obtained or the non-fulfillment of such purchases or for messages received or business transactions entered into through this site. Your sole remedy shall be to discontinue using this site.
14. TRADEMARKS
PDS is a registered trademark owned by Pinnacle Data Systems L.L.C. and the trademark and its graphics and logos or any derivative of the trademark may not be used or reproduced by you or used in connection with any product, other than this site, without our prior written permission and an appropriate license agreement entered into with us.
15. PUBLIC AND PRIVATE COMMUNICATIONS
You acknowledge that transactions to and from this site are not confidential and you accept that we are not your fiduciary nor are we responsible for keeping any such information confidential or shall we be liable in any we be liable in any way in the event that such information is not kept confidential. Any product concept or ideas submitted by you to the PDS, its directors, officers, employees or its agents via this site will be considered public and nonproprietary. PDS will not be responsible for any claims whatsoever, including but not limited to, intellectual property claims, if those concepts or ideas are used in promotions, marketing or product concepts.
16. USERS OUTSIDE THE UNITED STATES OF AMERICA
Access to this site outside of the United States of America is subject to local laws, which are the responsibility of this site user. In any event, all site users agree to comply with all applicable laws relevant to site use in the location of such user and use of this site. PDS will not be responsible and makes no representations that objects for sale on its site and their associated intellectual property rights are available for use in locations within or outside of the United States of America.
17. APPLICABLE LAW
The laws of the State of New York shall govern these Terms of Use and use of this site without giving effect to its conflict of laws or provisions. Both parties agree that any claim or cause of action shall be brought in the federal or state court, of New York County, New York and hereby consent to the jurisdiction of such courts.
18. ARBITRATION
Any legal controversy or legal claim arising out of or relating to these Terms of Use or our services, excluding legal action taken by PDS to collect our fees and/or recover damages for, or obtain an injunction related to, the PDS and our intellectual property, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Birmingham, Alabama, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or PDS may seek any interim or preliminary relief from a court of competent jurisdiction in Birmingham, Alabama necessary to protect the rights of property of you or PDS pending the completion of arbitration.
19. VOID OR UNENFOCEABLE PROVISION
In the event that any provision of these Terms of Use shall be held to be void or unenforceable by the reason of the applicable law, then that provision shall be deemed sever able from the remaining provisions and shall not affect the validity or enforceability of the balance of the provisions of the Terms of Use, which Terms of Use shall continue in full force and effect.
20. BINDING EFFECTIVE AGREEMENT
These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign your rights and obligations hereunder to any other party without our prior written consent, which consent is subject to our sole discretion. We may assign our rights and obligations under these Terms of Use to any affiliate, successor or other company related to PDS upon notice thereof to you.
PRIVACY POLICY
At Pinnacle Data Systems L.L.C. (“PDS,” “us or “we”), Last Update: April 2, 2012, we recognize and respect the importance of maintaining the privacy of our customers and members and have established this privacy policy as a result. Below we describe why we gather customer and member information we collect, how we collect it and what we use the information for.
Why do we gather information?
Since our inception, we have consistently provided our customers with quality services and excellent customer service.
Through our on-line registration process,
What information do we gather?
When you use our web site, we collect information, including but not limited to: your company name, contact information including contact person, telephone number, billing and payment information (i.e., credit card number, bank account number).
How we use the information we collect about you.
We use the information that we collect about you to allow us to offer enhanced and more personalized services and to facilitate billing and payments. When you fill out an Online Request Form, you opt-in to receiving promotional and marketing information and other materials from us.
When you access the site, we also passively collect some basic information about your computer such as your IP address, operating system, browser software and Internet service provider. We use this information to help diagnose problems with our server. We use this information to help diagnose problems with our server, to administer our web site and to gather general information about users of this site. We also collect and maintain non-personal information such as server logs and aggregate statistical information about the pages that are visited by users of the site and use this information to improve the content of our site and our services. Like many other web sites, we may use “cookies,” which are small data files that exist on your computer’s hard drive. A cookie can contain information such as your username or other information you voluntarily provide to us, but it cannot read personal information off your computer or read other cookie files from other web sites. You may choose to setup your browser to refuse cookies or tell you when cookies are sent to your computer; however, this may limit some of the features of the web site.
WE WILL NOT DISCLOSE OR SELL PERSONALLY IDENTIFIABLE INFORMATION TO THIRD PARTIES OTHER THAN AS REQUIRED TO PROVIDE OUR SERVICES AND PROCESS PAYMENTS OR AS REQUIRED BY LAW ENFORCEMENT OR JUDICIAL AUTHORITIES. We reserve the right to disclose any personal information about our users to a successor-in-interest and nothing limits our rights to sell our assets, including customer lists and personal data collected from users, in the event of a merger, sale or other disposition of a significant amount of our assets.
Security Our web site encrypts your billing and payment information prior to transmission over the Internet using secure socket layer (SSL) encryption technology. This technology works best when the site is viewed using Microsoft’s Internet Explorer or Netscape Navigator.
Your Consent and Changes to this Policy Subject to the above provisions, by using our web site, you consent to the collection and use of information by us. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, under what circumstances we may disclose of it, and if we expand such disclosure, how to prevent such disclosure.
Your Comments We welcome feedback concerning our privacy policy. Please send your comments and questions to [email protected].
If you would like to update or correct information previously provided to us, you may send an email to [email protected].