Terms of Use

1. Agreement to these Terms

These Terms of Use (hereinafter referred to as the "Terms") constitute a binding agreement between you and Pinnacle Ethos, LLC, an Ohio limited liability company (hereinafter referred to as the "Company," "we," "us," or "our"), governing your access to and use of the website located at pinnacleethos.com and any page, form, or communication that links to these Terms (collectively, the "Site").

By accessing or using the Site, and in any event by submitting any form on the Site, you agree to be bound by these Terms and acknowledge the Company's Privacy Policy, which is incorporated herein by reference. If you are using the Site on behalf of a business or other entity, you represent that you have authority to bind that entity, and "you" includes that entity. If you do not agree to these Terms, do not use the Site.

2. Definitions

For purposes of these Terms: (a) "Content" means all text, graphics, designs, logos, images, software, code, and other material on the Site; (b) "Person" means an individual, partnership, limited liability partnership, corporation, limited liability company, association, joint stock company, trust, estate, joint venture, unincorporated organization, or governmental authority; and (c) the words "include," "includes," and "including" mean include, includes, and including "without limitation."

3. Business use and eligibility

The Site is intended for use by businesses and by individuals at least eighteen (18) years of age acting on behalf of a business. You may use the Site solely to learn about the Company and its services and to communicate with the Company for business purposes.

4. No professional advice

The Content, the newsletter, and any statement made in an introductory call are provided for general informational purposes only and do not constitute legal, tax, accounting, financial, investment, or other professional advice. You should not act or refrain from acting on the basis of any Content without obtaining advice from a qualified professional regarding your particular circumstances.

5. No legal services; no attorney-client relationship

The Company is a technology and systems consulting firm. The Company is not a law firm and does not provide legal services, and none of its services are legal services. Your use of the Site, submission of any form, scheduling or attendance of any call, receipt of the newsletter, or any other communication with the Company does not create an attorney-client relationship with the Company or with any of its members, managers, employees, or contractors, including any such Person who is licensed to practice law, and the protections of an attorney-client relationship, including the attorney-client privilege and the duties of confidentiality under the Ohio Rules of Professional Conduct, do not apply. Do not submit confidential, privileged, or legally sensitive information through the Site. You may obtain legal services from any attorney of your choosing.

6. No engagement absent a signed agreement

No proposal, scope, estimate, call, or Content creates any obligation on the part of the Company to provide services. The Company provides services only under a written agreement executed by the Company and its client (hereinafter referred to as a "Services Agreement"). In the event of any conflict between these Terms and a Services Agreement, the Services Agreement shall control with respect to the services described therein.

7. Descriptions, examples, and results

Descriptions of services, examples, and any case studies on the Site are illustrative and reflect particular circumstances. They are not a promise or guarantee that any client will obtain the same or similar results, and outcomes depend on factors that vary from business to business. Timeframes and other terms stated on the Site are subject to the terms of a Services Agreement.

8. Intellectual property

The Site and the Content are owned by the Company or its licensors and are protected by the copyright, trademark, and other intellectual property laws of the United States and other jurisdictions. "Pinnacle Ethos," the Pinnacle Ethos logo, and related marks are trademarks of the Company. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable license to view the Content solely for the purposes described in Section 3. No other right or license is granted, whether by implication, estoppel, or otherwise, and all rights not expressly granted are reserved by the Company.

9. Acceptable use

You shall not, and shall not permit any other Person to: (a) copy, reproduce, modify, distribute, or create derivative works of the Content, except as permitted by Section 8; (b) use any robot, spider, scraper, or other automated means to access the Site or collect Content; (c) interfere with, disrupt, or attempt to circumvent any security or bot-detection feature of the Site; (d) attempt to gain unauthorized access to the Site or any related system; (e) transmit any virus, malware, or other harmful code; (f) submit false, misleading, or fraudulent information, or submit information on behalf of another Person without authority; (g) reverse engineer any portion of the Site, except to the extent such restriction is prohibited by applicable law; or (h) use the Site in violation of any applicable law.

10. Submissions and communications

Personal Information you submit through the Site is handled in accordance with the Privacy Policy. You represent that information you submit is accurate and that you are authorized to submit it. Any suggestion, idea, or feedback you provide regarding the Site or the Company's services, other than Personal Information, is non-confidential, and the Company may use it without restriction or obligation to you. By submitting a form, you consent to receive communications from the Company relating to your submission.

11. Third-party services and links

The Site relies on third-party services, including scheduling, customer relationship management, hosting, and security services, and may contain links to third-party websites. The Company does not control and is not responsible for third-party services, websites, content, or practices, and your use of them may be subject to their own terms and policies.

12. Disclaimer of warranties

THE SITE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT OR BY OPERATION OF LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY CONTENT IS ACCURATE, COMPLETE, OR CURRENT, OR THAT ANY DEFECT WILL BE CORRECTED.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

The foregoing limitations shall not apply to liability arising from the Company's fraud or willful or wanton misconduct, or to the extent prohibited by applicable law. The limitations in this Section do not govern services performed under a Services Agreement, which are governed by that agreement.

14. Indemnification

You agree to defend, indemnify, and hold the Company and its members, managers, employees, contractors, and agents harmless from and against all claims, costs, expenses, and losses, including reasonable attorney fees and costs, arising out of or relating to your violation of these Terms, your misuse of the Site, or information you submit through the Site.

15. Governing law

These Terms shall be governed by, and construed, enforced, and interpreted in accordance with, the laws of the State of Ohio, without giving effect to any law that would cause the laws of any jurisdiction other than the State of Ohio to be applied.

16. Dispute resolution

16.1 Arbitration. Except as provided in Section 16.3, all claims and disputes arising under or relating to these Terms or the Site shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in Franklin County, Ohio, or another location mutually agreeable to the parties. Judgment on the award may be entered in any court of competent jurisdiction. This Section is governed by the Federal Arbitration Act, 9 U.S.C. 1 et seq., and, to the extent not inconsistent therewith, Chapter 2711 of the Ohio Revised Code.

16.2 Class action and jury waiver. ALL CLAIMS SHALL BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY.

16.3 Exceptions; venue. Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief to protect its intellectual property or confidential information. Any such action, and any action to compel arbitration or to confirm, vacate, or enforce an award, shall be brought exclusively in the state courts located in Franklin County, Ohio, or in the United States District Court for the Southern District of Ohio, Eastern Division, and each party consents to the personal jurisdiction of and venue in such courts.

17. Changes to these Terms

The Company may amend these Terms from time to time by posting the amended Terms on the Site with a revised effective date. Amended Terms apply prospectively to use of the Site after posting. Your continued use of the Site after posting constitutes acceptance of the amended Terms. Amendments shall not apply to any dispute of which the Company had actual notice before the amendment was posted.

18. General provisions

Entire agreement. These Terms and the Privacy Policy contain the entire understanding of the parties with respect to use of the Site and supersede any prior agreements regarding such use; they do not supersede any Services Agreement. Severability. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Waiver. The waiver by the Company of a breach of any provision of these Terms shall not operate or be construed as a waiver of any subsequent breach. Assignment. You may not assign these Terms without the Company's prior written consent; the Company may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or part of its business. Headings. Section headings are used for convenience only and shall in no way affect the construction of these Terms. Survival. Sections 8 and 12 through 18 shall survive any termination of your use of the Site.

19. Notices and contact

Notices to the Company under these Terms shall be in writing and delivered by nationally-recognized overnight courier, by registered or certified mail, return receipt requested, or by email, addressed as follows, or to such other address as the Company may post on the Site:

Pinnacle Ethos, LLC
Attention: Legal
5195 Hampsted Village Center Way #761
New Albany, Ohio 43054
Email: [email protected]