Pinnacle North America, LLC (“Pinnacle”) (which together with its builder and leasing Affiliates, are collectively referred to herein as “Pinnacle North America,” “we,” “us,” or “our”) provides these Terms of Use. These Terms of Use apply to this website (this “Website”), our mobile sites, applications, and mobile interactive features (“Mobile Applications”), our social media pages (“Social Media Pages”), and email messages we may send to you. This Website, our Mobile Applications, and our Social Media Pages are collectively referred to in these Terms of Use as our “Sites.” As used herein, the words “user,” “you,” and “your” mean individuals who interact with Pinnacle North America.
By accessing or using our Sites, you agree to the provisions of these Terms of Use.
Ownership and Use of Content
The Sites and their content are owned by Pinnacle North America or used under license from others with all rights reserved. The reproduction, re-creation, retransmission, or other use of any of the material on the Sites, whether text, visual image, audio, video, or computer software, or the posting or framing on other websites without the express prior written permission of Pinnacle North America is expressly prohibited. However, you may print portions of the Sites in hard copy for your personal purposes.
Your Use of The Sites
When you use or visit our Sites, submit content to us, or post or submit any content on our Sites, you grant Pinnacle North America an unlimited, non-exclusive, worldwide, non-revocable, perpetual license to reproduce, duplicate, transmit, display, publish, create derivative works, sublicense, and otherwise use any such information for any lawful purpose whatsoever, including marketing, and you agree to hold us harmless with respect thereto.
Fair Housing
Pinnacle North America and its Affiliates conduct business in accordance with all applicable federal, state, and local fair housing laws. It is our policy to provide equal professional service to all persons regardless of race, color, religion, sex, handicap, familial status, or national origin.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe in good faith that materials on our Sites infringe their rights. If you believe material on our Sites infringes your copyright, you or your agent may send us a notice requesting us to remove or block the material. Notices must meet the requirements of the DMCA. Notices may be sent to us at: Pinnacle North America, LLC., 5909 Shirley Street, Naples, Florida 34109. There are penalties for false claims under the DMCA.
Limitation of Liability and Disclaimer
Some of the information on the Sites may be inaccurate or incomplete or may contain typographical errors. Pinnacle North America does not warrant the content of the Sites is error free or access to the Sites will be uninterrupted. Your use of the Sites is at your own risk. You agree Pinnacle North America is not liable for any damages relating to the use of, or reliance upon, the content of the Sites, including without limitation damage to your computer equipment or other property from downloading material from the Sites.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE PINNACLE NORTH AMERICA, LLC., ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, AND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), RELATED DIRECTLY OR INDIRECTLY TO, OR ARISING FROM, YOUR ACCESS TO THE SITES OR YOUR USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THESE DISCLAIMERS AND LIMITATIONS MAY NOT AFFECT YOUR CONSUMER RIGHTS OR LIMIT LIABILITY TO THE EXTENT THEY CANNOT BE LIMITED BY LAW.
Law and Jurisdiction
These Terms of Use shall be governed by, construed, and enforced in accordance with, and subject to, the laws of the State of Florida, without resort to its choice of law provisions and case law, except to the extent they are superseded or preempted by the laws of the United States or other jurisdictions. If any provision of these Terms of Use is determined to be invalid, unlawful, void, or otherwise not enforceable, you agree the remaining provisions of these Terms of Use will remain in full force and effect. By accessing our Sites or using information on our Sites, you submit to the exclusive jurisdiction of the state courts in Collier County, Florida, or the United States Federal District Court, Middle District of Florida, to resolve disputes of any kind arising out of your reliance on the information on a Site, or any interaction with Pinnacle North America involving a Site. Any claim you have with respect to a Site must be brought within two years and one day after the claim arises.
Successor and Termination
These Terms of Use shall be binding upon and inure to the benefit of Pinnacle North America and you and its and your respective heirs, representatives, successors, and assigns. These Terms of Use shall remain in force and effect until terminated by Pinnacle North America. In the event of termination of these Terms of Use, restrictions imposed upon you by these Terms of Use, including all disclaimers, waivers, releases, and limitations of liability, shall survive.
Void Where Prohibited
Pinnacle North America products, services, and offers may not be available in your state or community. The information on the Sites is not an offer of products or services where Pinnacle North America is not doing business or where prohibited by law.
Changes to Terms of Use and Waiver
We may update these Terms of Use from time to time and without prior notice to you. We will indicate at the top of the policy when it was most recently updated. Your use of our Sites after changes have become effective indicates your acceptance of the latest version of these Terms of Use.
No waiver of any provision in these Terms of Use shall be effective unless made in writing signed by Pinnacle North America and shall not prevent any subsequent enforcement of these Terms of Use.
Privacy Policy
To view our Privacy Policy, please go to our Privacy Policy.
Contacting Us
If you have any questions about our Terms of Use, you may contact us at: Pinnacle North America, LLC., 5909 Shirley Street, Naples, Florida 341091.
Effective Date
These Terms of Use are effective as of the date of the last update as set forth at the top of these Terms of Use.
