Information We Collect
The information that we collect from you while you are using our website helps us to properly process your orders and improve your shopping experience. These are the types of information that we gather:
1. Information you give us: We receive and hold onto any information that you enter while on our website. In order to enter orders in our system we may require certain fields to be filled out completely. You may choose not to enter certain information while shopping - however, we may not be able to properly process your communications. If you would like to see the information that we have on file about you please contact us in writing and we will be more than happy to send you a copy of your archived information. 2. Information we automatically collect: We use "Cookies" to collect and store information about you during your visit. This information is limited to the type of browser you are using, other connection information and how you entered our site. These "cookies" also allow your information to be automatically remembered when you return for another visit. You may find information on how to disable these "cookies" in your browser's documentation.
Do we share this information?
1. No. We do not sell, rent or share our list or your personal information with any other entity. 2. Except: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Pinnacle Promotions Inc., our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes.
We market to those individuals who have created an account on our site or have specifically requested information. If you no longer wish to receive this information from us there is a "remove me" link at the bottom of every e-mail that we send. Once you have been removed we will not contact you again.
CONDITIONS OF USE
Pinnacle Promotions, Inc. provides their services to you subject to the following conditions. If you visit ezpromostore.com, you accept these conditions. Please read them carefully. These conditions are subject to change without notice.
Privacy: Please review our privacy notice.
Electronic Communications: When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically or otherwise. We typically communicate through e-mail although often times we may prefer to contact you through other methods. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be "in writing".
Copyright: All content on this site is the property of Pinnacle Promotions, Inc and is protected by U.S. and international copyright law. This includes, but is not limited to, layout, designs, formatting, text, data compilation, information and business processes.
Your Account: If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Pinnacle Promotions, Inc. does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Pinnacle Promotions, Inc. only with involvement of a parent or guardian. Pinnacle Promotions, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Disclaimer of Warranties and Limitation of Liability
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PINNACLE PROMOTIONS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PINNACLE PROMOTIONS, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PINNACLE PROMOTIONS, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PINNACLE PROMOTIONS, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law: By visiting our site, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Pinnacle Promotions, Inc.
Work Orders: When you place an order on our site it is only considered a "Request to do Business". After you have completed your order you will receive an emailed "Order Confirmation" containing completed order information. Some items will require an "Art Proof" which must be signed and returned to our office before we begin production. We will not be held responsible for missed shipment dates or other losses incurred by customers who have not signed and returned the appropriate documents. If you are not sure if we have received your order it is your responsibility to call our office and confirm reception.
Pricing and Product Information: We attempt to be as accurate as possible with our pricing and product descriptions. However, we do not warrant that any information on this site is accurate, complete, reliable, current or error-free. If you have questions concerning pricing or product descriptions please contact our office. Pricing is subject to change without notice and we reserve the right to substitute out-of-stock items with one substantially similar or of higher value. We also reserve the right to refuse service to any current or prospective customer for whatever reason.
Contact Information: Our corporate office is located at: Pinnacle Promotions, Inc., 4855 Peachtree Industrial Blvd. Suite 235, Atlanta GA 30092. 770.457.6226
Terms of Sale:
These Terms of Sale (these "Terms") govern all purchases of goods or services through this website (this "Website") from Pinnacle Promotions, Inc. (the "Seller"). Anyone purchasing goods or services through this Website (each, a "Buyer") agrees to be bound by these Terms.
- All sales of the goods covered hereunder (the "Goods") are F.O.B. Seller's shipping point, regardless of the means of delivery to Buyer, with title and risk of loss passing to Buyer at such time.
- Except as expressly warranted by Seller in its written warranty applicable to the Goods, Seller makes NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Buyer agrees to assume all risks and liability for the Goods, whether used individually or in combination with other goods.
- Buyer shall inspect customized, produced on demand Goods immediately upon arrival and shall within ten (10) business days after arrival give written notice to Seller of any claim that (1) the Goods do not conform with the terms of the Buyer's purchase order (the "Order") or (2) that the Goods are defective, provided that a visual inspection should have revealed such defect. If Buyer shall fail to give such notice, the Goods shall be deemed to conform to the terms of the Order, and Buyer shall be deemed to have accepted and shall pay for the Goods in accordance with the terms of the Order and these Terms (together, the "Agreement").
- Non-customized, inventoried Goods available for purchase on this site may be returned for a full refund, less shipping charges, within 30 days of purchase unless the Goods are defective or do not conform to the terms of the Order, in which case a full refund including shipping and fulfillment charges will be provided.
- Seller's liability to Buyer, or person or entity purchasing from Buyer, shall be limited to the extent permitted by law, to the express warranties set forth in Seller's written warranty applicable to the Goods. Seller shall not be bound by any claim adjustment made by Buyer without prior written authorization by Seller's representative. Return of Goods will not be accepted unless a written authorization for return has been given by Seller. Any unauthorized returns are subject to refusal by Seller and may be returned to Buyer on a freight collect basis. SELLER SHALL HAVE NO LIABILITY TO BUYER (OR ANY PERSON OR ENTITY CLAIMING THROUGH BUYER) FOR LOST PROFITS, LOSS OF REVENUE, OR FOR INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES AND THESE ARE HEREBY WAIVED BY BUYER.
- The terms of payment for the Goods shall be as stated on each invoice or, if the Order is placed through the Website, on the final confirmation page before the Order is submitted. Payment terms begin from the date of invoice, or with respect to any Order placed through the Website on the date the Order is submitted. A thirty ($30.00) dollar fee will be charged on each check returned due to insufficient funds.
- Credit arrangements are subject to written approval of Seller and are subject to change without notice. In the event Buyer fails to fulfill the terms of payment Seller may decline to make further deliveries except upon receipt of cash or satisfactory security.
- Buyer shall reimburse Seller for any sales tax Seller may be required to collect for and/or pay to the government upon the sale or transportation of the Goods.
- No liability shall result from delay in performance or nonperformance of this Agreement directly or indirectly caused by fire, explosion, accidents, flood, or other act of God, labor trouble or shortage, act of or authorized by any government, inability to obtain suitable material, equipment, fuel, power or transportation, or arising from contingencies, happenings or causes beyond the control of the party affected. Seller shall not be required to provide quantities of Goods so affected by any such circumstances, Buyer shall not be required to pay for quantities of Goods so affected by any such circumstances, but this Agreement shall otherwise remain unaffected.
- In the event of inability for any reason to supply the total demands for the Goods specified, Seller must notify Buyer of its inability to perform as agreed and then at Buyer’s option, may either (1) allocate its available supply among any or all of customers on such basis as it may deem fair and practical, without liability for any failure of performance which may result there from; (2) offer Buyer a reasonable substitution for all or the deficient portion of the order or (3) permit Buyer to cancel the order without penalty or fees.
- Seller's Website may contain functions that allow the Buyer to purchase Goods (as applicable, "Customized Goods") that have been customized by the addition of trademarks, logos, copywritten material or other marks that are provided by, or specified by, the Buyer (as applicable, "Buyer Marks"). Buyer represents and warrants that, with respect to any Customized Goods ordered by Buyer, Buyer will have absolute ownership or an appropriate license to use, display and create derivative works from, all Buyer Marks that Buyer may provide or specify. Buyer agrees to indemnify, defend and hold harmless Seller and its subcontractors, agents, partners, principals, members, officers and employees (an "Indemnified Party") from and against any third party claims resulting from Seller’s use of any Buyer Marks in the Customized Goods.
- This Agreement shall be construed and enforced in accordance with the laws of the state of Georgia. Buyer agrees to (i) irrevocably and unconditionally submit to the exclusive jurisdiction of the state and federal courts located in Atlanta, Fulton County, Georgia to resolve any disputes relating to this Agreement and (ii) waive any right to move or dismiss or transfer any such action brought in such court on the basis of any objection to personal jurisdiction or venue. Any controversy or claim arising out of or relating to this Agreement shall, at the election of Seller, be settled by arbitration conducted in Atlanta, Georgia in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- No terms or conditions other than those stated in this Agreement shall be binding on Seller unless such modifications or additional terms are made in writing and executed by an officer of Seller. Acceptance by Seller of the Order is expressly limited to the terms and conditions contained in this Agreement. In the event an Order shall be deemed an acceptance of Buyer's offer, the Order is expressly conditioned upon Buyer's assent of the terms and conditions contained in this Agreement. A written contract between Buyer and Seller that expressly references this Agreement may supersede this Agreement to the extent, and in the manner, provided therein.