Pinnacle Actuarial Resources, Inc. Terms of Use

Updated August 15, 2022

     I. AGREEMENT BETWEEN USER AND PINNACLE ACTUARIAL RESOURCES, INC.

The Pinnacle Actuarial Resources, Inc. website (the “Website”) is comprised of various pages operated by Pinnacle Actuarial Resources, Inc. In consideration of Pinnacle Actuarial Resources, Inc.’s offer to you of use and access to the Website, you hereby agree to accept, comply with and be bound by each and every one of the terms, conditions, and notices contained in these Pinnacle Actuarial Resources, Inc. Website Terms of Use (the “Terms of Use”). 

Your use of the Website constitutes your agreement to all of the Terms of Use stated herein. If you do not agree with the Terms of Use, your sole remedy is to discontinue your use of the Website. 

For all purposes of these Terms of Use, the words “Pinnacle”, “we”, “us” and “our” shall refer to Pinnacle Actuarial Resources, Inc., its parents, subsidiaries, affiliates and the respective employees, directors, officers, and agents of each, and any agent, independent contractor, supplier, or assignee that Pinnacle may, in its sole discretion, involve in the provision of the Website. 

For all purposes of these Terms of Use, the words “you”, “your” and “user” refers to any and all visitors to, and users of, the Website. 

These Terms of Use contain important information. Please read them carefully. 

     II. MODIFICATION OF THESE TERMS OF USE

Pinnacle reserves the right to revise, supplement, modify, alter, change or rescind the Website, any or all of the information, contents, material, products, software, graphics, and services on the Website or any of the Terms of Use from time to time as it deems appropriate, in its sole and absolute discretion and without prior notice to you.  These Terms of Use supersede all prior versions of the Terms of Use. Pinnacle further reserves the right to revise, supplement, change or rescind the charges associated with the use of the Website from time to time as it deems appropriate, in its sole and absolute discretion.

You are responsible for reviewing the Terms of Use regularly. Your continued use of this Website following any revisions, supplements, modifications, alterations, changes or rescissions to the Terms of Use shall constitute your acceptance of such revisions, supplements, modifications, alterations, changes or rescissions.

     III.    INFORMATION, PRODUCTS AND SERVICES

The Website, and the information, contents, material, products, software, graphics, and services offered or described on this Website are available only where permitted by law. The Website, and the information, contents, products, material, software, graphics, and services on the Website may not be available in all geographic areas. Pinnacle reserves the right to revise, supplement, modify, alter, change, or rescind the Website or any or all of the information, contents, products, material, software, graphics, and services offered or described on this Website from time to time as it deems appropriate, in its sole and absolute discretion and without prior notice to you. Information, contents, products, material, software, graphics, and services offered through this Website are subject to separate terms and conditions, where applicable. 

Any dated information on the Website is published as of its date only, and Pinnacle does not undertake any obligation or responsibility to update or amend any such information. Pinnacle reserves the right to terminate any or all web offerings without prior notice to the user. Furthermore, by offering such information, contents, products, material, software, graphics, and services via the Website, no solicitation is made by Pinnacle to any person to use such information, contents, products, material, software, graphics, or services in jurisdictions where the provision of such information, contents, products, material, software, graphics, or services is prohibited by law. 

     IV.    LINKS TO THIRD PARTY SITES

The Website may contain links to other websites (collectively the "Linked Sites" and each individually a “Linked Site”). The Linked Sites are not under the control of Pinnacle. Pinnacle is not responsible for the information, contents, products, material, software, graphics, services, or links available on the Linked Sites, including without limitation any link contained in any of the Linked Sites, or any changes or updates to any of the Linked Sites. Pinnacle is not responsible for webcasting, or any other form of transmission received from any Linked Site. Pinnacle is providing links to the Linked Sites to you only as a convenience. Such links to Linked sites do not imply Pinnacle’s endorsement or approval of the Linked sites or to any of the information, contents, products, material, software, graphics, services, or links on those sites. Pinnacle makes no representations, warranties, or guaranties of any kind regarding the accuracy of any information, contents, products, material, software, graphics, or services contained on any Linked Site. 

When linking to the Linked Sites, you do so at your own risk, and you should review and determine if you agree to such Linked Sites’ terms of use before using such sites. By clicking on a link to Linked Sites, you agree that Linked Sites are not under the control of Pinnacle. Pinnacle is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of such Linked Sites, or reference to or reliance on information, contents, products, material, software, graphics, and services contained therein. 

     V. NO UNLAWFUL OR PROHIBITED USE

By accessing the Website, you agree and warrant to Pinnacle that you will not use the Website, or any information, contents, products, material, software, graphics, or services contained on the Website for any purpose that is unlawful or otherwise prohibited by the Terms of Use.  By accessing the Website, you further agree and warrant that you will not access the Website or use information, contents, products, material, software, graphics, or services on the Website from countries or territories where such access or use is illegal. You may not copy, modify, distribute, transmit, display, perform, reproduce, transfer, resell or republish any of the information, contents, products, material, software, graphics, or services contained on the Website without the prior written consent of Pinnacle, which may be withheld in Pinnacle’s sole discretion. 

Use of the Website or any information, contents, products, material, software, graphics, or services contained on the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website is strictly prohibited. Pinnacle reserves the right to withhold access to the Website from any party who fails to comply with the provisions of this Article as well as seek all available legal remedies for any violation of this terms of this Article. 

     VI. FILE UPLOAD POLICY

The Website contains file upload features. By accessing the Website, you agree: 

•  To NOT upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
•  To NOT upload files that contain viruses, corrupted files, or any other similar software or programs that may damage or compromise the operation of another's computer.
•  To NOT upload any files that violate any applicable laws or regulations or take any other action regarding the uploading of files that constitutes a violation of any applicable laws or regulations. 

Pinnacle reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

     VII. MATERIALS PROVIDED TO PINNACLE ACTUARIAL RESOURCES, INC. OR POSTED AT ANY PINNACLE ACTUARIAL RESOURCES, INC. WEBSITE

Pinnacle does not claim ownership of the information, contents, products, material, software, graphics, or services you provide to Pinnacle (including feedback and suggestions) or post, upload, input or submit to the Website or its associated services (collectively "Submissions" and each individually a “Submission”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Pinnacle, its parents, subsidiaries, affiliates and the respective employees, directors, officers, and agents of each, and any agent, independent contractor, supplier, or assignee that Pinnacle may, in its sole discretion, involve in the provision of the Website, a permanent and irrevocable license to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. 

By posting, uploading, inputting, providing or submitting your Submission to the Website and/or Pinnacle, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Article including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

You understand and agree that by posting, uploading, inputting, providing or submitting your Submission to the Website, you waive any and all rights you may have to receive any compensation from Pinnacle with respect to the use of your Submission. Pinnacle is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Pinnacle 's sole discretion.

     VIII. COPYRIGHT AND TRADEMARK

The Website and the information, contents, products, material, software, graphics, and services on this Website are the property of Pinnacle, unless otherwise indicated, and are protected by applicable copyright and trademark laws. All rights are reserved by Pinnacle and the information, contents, products, material, software, graphics, and services on the Website may not be reproduced, downloaded disseminated, published or transferred without the prior written permission of Pinnacle. The trademarks, logos, and service marks displayed on the Website are the property of Pinnacle and other parties. 

     IX. INDEMNITY

You agree to indemnify, defend and hold harmless Pinnacle and its parents, subsidiaries, affiliates and the respective employees, directors, officers, and agents of each, and any agent, independent contractor, supplier, or assignee that Pinnacle may, in its sole discretion, involve in the provision of the Website against any and all claims, demands, damages, or costs or expenses (including reasonable attorney’s fees) that arise directly or indirectly from your breach of these Terms of Use or your use of, and conduct on, the Website. 

     X. LIABILITY DISCLAIMER

USE OF THE WEBSITE AND ITS CONTENTS IS AT YOUR SOLE RISK. PINNACLE WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR: (A) ANY ACT, ERROR OR OMISSION OF PINNACLE, OR ANY ACT, ERROR OR OMISSION OF ANY LINKED SITE; (B) ANY ERROR, DELAY, INTERRUPTION, OPERATIONAL PROBLEM, UNAVAILABILITY OR FAILURE IN THE WEBSITE, ANY WEBSITE COMPONENT, THE INFORMATION, CONTENTS, PRODUCTS, MATERIAL, SOFTWARE, GRAPHICS, OR SERVICES ON THE WEBSITE OR ANY DIRECTLY OR INDIRECTLY RELATED EQUIPMENT, SYSTEM, PROGRAMMING OR NETWORK ACCOUNT, UNLESS PINNACLE SPECIFICALLY ACCEPTS LIABILITY ELSEWHERE ON THE WEBSITE; OR (C) ANY VIRUSES OR OTHER CODE OR COMPONENT THAT MAY AFFECT YOUR COMPUTER SYSTEM OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE WEBSITE.

BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, CONTENTS, PRODUCTS, MATERIAL, SOFTWARE, GRAPHICS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE OR ANY LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND THE INFORMATION, MATERIAL, PRODUCTS, SOFTWARE, GRAPHICS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE. BY ACCESSING THE WEBSITE, YOU ACKNOWLEGE AND AGREE THAT PINNACLE MAY, IN ITS SOLE DISCRETION, MAKE REVISIONS, SUPPLEMENTS, MODIFICATIONS, ALTERATIONS, CHANGES AND/OR IMPROVEMENTS TO THE WEBSITE AND THE INFORMATION, MATERIAL, PRODUCTS, SOFTWARE, GRAPHICS, AND SERVICES ON THE WEBSITE AT ANY TIME. BY ACCESSING THE WEBSITE, YOU FURTHER ACKNOWLEDGE AND AGREE THAT ADVICE RECEIVED VIA THE WEBSITE OR ANY LINKED SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BY ACCESSING THE WEBSITE, YOU AGREE THAT PINNACLE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WEBSITE OR THE INFORMATION, MATERIAL, PRODUCTS, SOFTWARE, GRAPHICS, AND SERVICES CONTAINED ON THE WEBSITE OR ANY LINKED SITE FOR ANY PURPOSE. BY ACCESSING THE WEBSITE OR ANY LINKED SITE, YOU FURTHER AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, MATERIAL, PRODUCTS, SOFTWARE, GRAPHICS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PINNACLE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, MATERIAL, PRODUCTS, SOFTWARE, GRAPHICS, AND SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE OR ANY LINKED SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BY ACCESSING THE WEBSITE, YOU AGREE TO FOREVER RELEASE AND DISCHARGE PINNACLE AND EACH OF ITS RESPECTIVE EMPLOYEES, PRINCIPALS, AGENTS, ATTORNEYS, SHAREHOLDERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, CONTROLLING PERSONS, GUARANTORS, INSURERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, SUPPLIERS, AND EACH OF THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS, LIENS, AGREEMENTS, COVENANTS, ACTIONS, SUITS, CAUSES OF ACTION, OBLIGATIONS, DEBTS, COSTS, EXPENSES, ATTORNEY’S FEES, DAMAGES, JUDGMENTS, ORDERS AND LIABILITIES OF WHATEVER KIND OR NATURE IN LAW, EQUITY OR OTHERWISE THAT YOU AND YOUR RESPECTIVE AGENTS, ATTORNEYS, HEIRS, BENEFICIARIES, SUCCESSORS AND ASSIGNS, OR ANYONE CLAIMING ON THEIR BEHALF, EVER HAD, NOW HAS, OR IN THE FUTURE MAY HAVE, WHETHER FIXED OR CONTINGENT, LIQUIDATED OR NOT, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, BASED ON, ARISING OUT OF, OR DIRECTLY OR INDIRECTLY RELATING TO YOUR ACCESS TO AND USE OF THE WEBSITE OR ANY LINKED SITES, YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY LINKED SITES, ANY INFORMATION, MATERIAL, PRODUCTS, SOFTWARE, GRAPHICS, AND SERVICES CONTAINED ON OR OBTAINABLE THROUGH THE WEBSITE OR ANY LINKED SITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE WEBSITE OR ANY LINKED SITE. THE RELEASED AND DISCHARGED CLAIMS INCLUDE, BUT ARE NOT LIMITED TO ANY AND ALL CLAIMS FOR ANY FORM OR THEORY OF RECOVERY, OR CAUSE OF ACTION WHATSOEVER, WHETHER BASED ON TORT, CONTRACT, MUNICIPAL CODE, STATE LAW, FEDERAL LAW OR OTHERWISE, RELATING TO OR ARISING IN ANY WAY FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR ANY LINKED SITES, YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY LINKED SITES, ANY INFORMATION, MATERIAL, PRODUCTS, SOFTWARE, GRAPHICS, AND SERVICES CONTAINED ON OR OBTAINABLE THROUGH THE WEBSITE OR ANY LINKED SITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE WEBSITE OR ANY LINKED SITE, AS WELL AS ANY AND ALL CLAIMS FOR ACTUAL DAMAGES, COSTS, FEES, ATTORNEY’S FEES, INTEREST, COMPENSATORY DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES CONSEQUENTIAL DAMAGES, TREBLE DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, LOSS OF USE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OTHER INTANGIBLE LOSS AND ANY AND ALL OTHER TYPES AND KINDS OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

     XI. GOVERNING LAW/ DISPUTE RESOLUTION

By accessing the Website, you agree that the Website, these Terms of Use, and any disputes arising out of or relating to the Website, or these Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, excluding the body of law controlling conflicts of law.

By accessing the Website, you acknowledge that a breach of these Terms of Use or any misuse of the Website would cause irreparable harm to Pinnacle for which no adequate remedy at law exists. You therefore agree that, notwithstanding any other provision of these Terms of Use, in addition to all other remedies available at law, in equity or under these Terms of Use, Pinnacle is entitled to seek from a court of competent jurisdiction a decree of specific performance and to obtain an ex parte temporary restraining order or preliminary injunction or restraining order and permanent injunction, without bond or other security and without proving special damages or irreparable injury, enjoining, and restraining the breach, or a threatened breach, by you of any provision of these Terms of Use or any other misuse by you of the Website. You consent to the jurisdiction of the Circuit Court of McLean County, Illinois for any such action initiated by Pinnacle.

By accessing the Website, you agree that, except as otherwise stated in these Terms of Use, in the event of any dispute between you and Pinnacle arising out of or relating to the Website or these Terms of Use, any dispute resolution will occur solely in the process outlined in this Article XI. Dispute resolution will occur first through negotiation. If attempts at negotiation break down, then mediation will be the next step and binding arbitration will be used as a last resort effort (the process of negotiation, mediation and arbitration described herein shall be collectively referred to as “Dispute Resolution”). 

           Negotiation.  You and Pinnacle will attempt in good faith to resolve any controversy, dispute, claim or question arising out of or relating to the Website or these Terms of Use, (hereinafter, collectively a “Controversy”) promptly by negotiation between designated representatives of you and Pinnacle who have authority to settle the Controversy. The disputing party shall give the other party written notice of the Controversy.  Within twenty (20) days after receipt of the above notice, the party receiving notice of the Controversy shall submit to the other a written response.  The notice and response shall include (i) a statement of each party’s position, and (ii) the name and title of each Party’s designated representative.  The designated representatives will meet at a mutually acceptable time and place in Bloomington, McLean County, Illinois within thirty (30) days of the date of the disputing party’s notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the Controversy.

              Mediation.  If the Controversy has not been resolved by negotiation within forty-five (45) days of the disputing party’s notice, or the party receiving the notice will not meet within thirty (30) days, either party may, upon written notice by one party to the other, initiate mediation of the Controversy in accordance with the Commercial Mediation Rules of the American Arbitration Association, to the extent that such provisions are not inconsistent with the provisions of these Terms of Use. The mediation shall occur in Bloomington, McLean County, Illinois.  The parties will jointly appoint a mutually acceptable mediator, seeking assistance in this regard from the American Arbitration Association if they are unable to agree upon such appointment within twenty (20) days of the notice of mediation.  The parties agree to participate in good faith in the mediation and negotiations thereto for a period of thirty (30) days after the appointment of the mediator.  The parties shall share equally the cost of the mediation.

            Binding Arbitration.  If the Controversy has not been resolved by mediation within thirty (30) days of the appointment of the mediator, or if a mediator is not appointed within thirty (30) days of the notice of mediation, upon written notice, either party may elect to submit the Controversy to binding arbitration conducted in Bloomington, McLean County, Illinois.  You are expressly waiving your rights to have any Controversy decided in a court of law and/or equity before a judge or jury, and instead are accepting the use of binding arbitration.  Such arbitration shall be governed by the provision of the Commercial Arbitration Rules of the American Arbitration Association, to the extent that such provisions are not inconsistent with the provisions of these Terms of Use.  

In the event that you and Pinnacle cannot agree upon a single arbitrator within thirty (30) days of the written notice of arbitration above, you and Pinnacle shall each choose one (1) arbitrator within fifteen (15) working days after the expiration of such thirty (30) day period and the two (2) arbitrators so chosen shall choose a third arbitrator.  If either your or Pinnacle refuse or otherwise fail to choose an arbitrator within such fifteen (15) working day period, the party requesting arbitration may choose a total of two (2) arbitrators who shall choose the third.  If the two (2) arbitrators chosen fail to select the third arbitrator within ten (10) working days after both have been named, each arbitrator shall name three (3) candidates, of whom the other shall decline two (2), and the decision shall be made by drawing lots.  The arbitrator(s) chosen shall act as neutral arbitrator(s).  In the event of the death, disability of incapacity of any arbitrator, a replacement shall be named pursuant to the process which resulted in the selection of the arbitrator to be replaced.

If the arbitrator(s) or you and Pinnacle determine, at any stage of the proceedings, that specialized expertise is necessary to fully evaluate and decide the Controversy, a neutral advisor with the experience and qualifications necessary to assist the arbitrator(s) to decide the Controversy may be selected provided that the use of an expert neutral advisor is approved by you and Pinnacle.  Once the determination to utilize an expert neutral advisor is made, the arbitrator(s) shall propose such a neutral advisor).  Either you or Pinnacle may veto the neutral advisor proposed by the arbitrator(s) within five (5) working days of receiving notice of the proposal.  Absent such a veto, the neutral advisor proposed by the arbitrator(s) shall be retained.  If the neutral advisor proposed by the arbitrator(s) is vetoed by either you or Pinnacle, the arbitrator(s) shall continue to propose neutral advisors until one is accepted.

The arbitration hearing shall be held within thirty (30) days following appointment of the final arbitrator, unless otherwise agreed to by you and Pinnacle.  If either you or Pinnacle refuse or otherwise fail to participate in such an arbitration hearing, such hearing shall proceed and shall be fully effective in accordance with these Terms of Use, notwithstanding the absence of such party.  The arbitrator(s) shall determine the Controversy in accordance with the laws of the state of Illinois, excluding the conflicts provisions of such law.  The arbitrator(s) may abstain from following the strict rules of evidence.  The arbitrator(s) may grant any remedy or relief deemed just and equitable in accordance with and pursuant to the terms of this Agreement.  The decision of the arbitrator, or a majority of the arbitration panel, shall be final and binding upon you and Pinnacle with no right to appeal.  Judgment may be entered upon the award of the arbitrator(s) in any court of competent jurisdiction.  If you are the prevailing party in arbitration, then you and Pinnacle shall each be responsible for your own costs, but the compensation and expenses of the arbitrator(s) and any administrative fees or costs shall be borne equally by you and Pinnacle. If Pinnacle is the prevailing Party in arbitration, then the payment of costs shall be made in accordance with this Article XI of these Terms of Use. 

This Dispute Resolution process shall be the sole and exclusive means for resolving any Controversy between you and Pinnacle provided, however, that Pinnacle may seek from a court of competent jurisdiction a decree of specific performance and to obtain an ex parte temporary restraining order or preliminary injunction or restraining order and permanent injunction, without bond or other security and without proving special damages or irreparable injury, enjoining, and restraining the breach, or a threatened breach, of any provision of these Terms of Use by you or other misuse of the Website by you in the Circuit Court of McLean County, Illinois in accordance with the terms of this Article XI. Despite such action by Pinnacle, you will continue to participate in good faith in this Dispute Resolution process.  The initiation of this Dispute Resolution process shall toll the running of the statute of limitations for any cause of action arising from the Controversy. All time limitations contained in the Dispute Resolution sections above, may be altered by mutual agreement of you and Pinnacle.

     In the event of Dispute Resolution, arbitration or litigation of any kind, in connection with or arising out of or relating to the Website or these Terms of Use, if Pinnacle is the prevailing party Pinnacle will be entitled to recover from you all costs and expenses incurred by Pinnacle in connection therewith, including reasonable attorney’s fees.
     
     XII.    TERMINATION/ACCESS RESTRICTION

Pinnacle reserves the right, in its sole discretion, to terminate your access to the Website and the related information, material, products, software, graphics, and services, or any portion thereof at any time, without notice. 

     XIV.    GENERAL/ MISCELLANEOUS TERMS
     
By accessing the Website, you agree that unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Pinnacle with respect to the Website or any information, contents, material, products, software, graphics, and services contained on or obtainable through the Website. You further agree that these Terms of Use supersede all prior or contemporaneous agreements, understandings, communications or proposals, whether electronic, oral or written, between you and Pinnacle with respect to the Website. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You further agree that these Terms of Use and all related documents shall be drawn up in English.

The failure of Pinnacle to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. 

The various provisions, articles and subparts of these Terms of Use are severable and, if any provision, article or subpart thereof is held to be unenforceable by a court of competent jurisdiction, then such enforceability shall not affect the validity or enforceability of the remaining provisions, articles or subparts thereof in these Terms of Use. Any provision, article or subpart of these Terms of Use that is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, will be deemed superseded by a valid, enforceable provision, article or subpart that most closely matches the intent of the original provision., article or subpart.  

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this Article. 

By accessing the Website, you agree that no joint venture, partnership, employment, or agency relationship exists between you and Pinnacle as a result of your agreement to be bound by these Terms of Use or your use of the Website. You further agree that Pinnacle's adherence to these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Pinnacle's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Pinnacle with respect to such use. 

You agree that regardless of any statute or law to the contrary, you must initiate Dispute Resolution of any Controversy, claim or cause of action arising out of or related to use of the Website or these Terms of Use within one (1) year after such Controversy, claim or cause of action arose or be forever barred from doing so.

The article titles in these Terms of Use are for convenience only and have no legal or contractual effect. 

SERVICE CONTACT:  websupport@pinnacleactuaries.com