Terms of Service
Welcome to pinnaclera.com and thank you for using our platform (the “Services”), provided under a license from Pinnacle Realty Advisors, Inc, Delaware corporation (referred to as “Pinnacle Realty Advisors,” “Pinnacle,” “we,” “our,” or “us”) via this website. Please carefully review these Terms and Conditions (“Terms and Conditions”) because your acceptance of them constitutes a binding agreement between you and “Pinnacle Realty Advisors.” These Terms and Conditions apply to your use of the Services and our website. By accessing this website, we assume you accept these terms and conditions. If you do not agree to these terms, do not use or access the Services.
TERMS AND CONDITIONS
Pinnacle Realty Advisors owns and operates this website. These Terms and Conditions describe the terms governing your use of the Services provided to you through this website. All information, including but not limited to content, updates, and new releases on this website, are part of the “Services”. It includes by reference:
- Additional conditions for the services you have selected may include those from your employer or another third-party administrator.
These Terms for the Services may be augmented or superseded by the terms of a Pinnacle Realty Advisors partner company providing an aspect of the Services (each, a “Pinnacle Realty Advisors Partner”).
LICENSE GRANT AND RESTRICTIONS
The Services and content on the Pinnacle Realty Advisors website are protected by copyright laws and other intellectual property laws worldwide. You are only granted a personal, limited, nonexclusive, non-transferable license to access and use the Services. Pinnacle Realty Advisors reserves all rights of ownership in the Services not expressly granted to you. Your right to use the Services is only for the purposes described by Pinnacle Realty Advisors on this website.
You are not permitted to use the Services or content on this website in any manner that violates any applicable law or regulation, infringes on anyone’s rights, is offensive, or violates these Terms and Conditions. For example, (and not as an exhaustive list of examples) unless authorized by Pinnacle Realty Advisors in writing, you agree you will not:
- Provide access to or give any part of the Services to any third party.
- Modify, disrupt or interfere with the Services, supporting servers or networks either manually or through the use of scripts, viruses, or worms.
- Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
- Attempt to access any other Pinnacle Realty Advisors systems that are not part of these Services.
If you violate any of these terms, your right to use the Services automatically terminates.
- Personal Profile. Information provided by a member will be maintained in a personal preference profile with the member’s account. All information provided by a member in his/her personal profile must be valid and accurate and must be kept current.
- A member may change his/her address by changing his/her information on the website or contact by sending and email request to email@example.com. In certain instances, address changes may require supporting legal documentation.
- Name changes to a membership account must include supporting legal documentation, signature, date and membership ID.
- Cancelling or Suspending by Pinnacle Realty Advisors. Pinnacle may cancel a member’s website account at any time with immediate effect and without written notice, for any reason and in Pinnacle’s sole discretion including, without limitation, if Pinnacle believes the Member has:
- Acted in a manner inconsistent with applicable laws, regulations, ordinances;
- Acted in an inappropriate, fraudulent, abusive or hostile manner;
- Engaged in any misconduct or wrongdoing in connection with the Pinnacle Realty Advisors platform.
- Legal Action. Nothing contained in these Program Rules will limit Pinnacle Realty Advisors in the exercise of any legal or equitable rights or remedies.
YOUR PRIVACY AND PERSONAL INFORMATION
You are responsible for your content provided to Pinnacle Realty Advisors. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Your Content”) uploaded, posted, or stored through your use of the Services.
You grant Pinnacle Realty Advisors a worldwide, royalty-free, non-exclusive license to host and use Your Content, in whole and in part, in order to provide you with the Services. You agree not to use the Services for any illegal purpose or violate any applicable local, state, federal, or international law.
You are encouraged to archive Your Content regularly and frequently. You are responsible for any of Your Content that may be lost or unrecoverable through your use of the Services. Pinnacle Realty Advisors is under no obligation to ratify or approve the type or quality of Your Content or additional data you submit on the website.
You agree that you will not use the Services to share, store or in any way distribute personal data that is not in accordance with the law.
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate, or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Your Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);
- Except as otherwise expressly permitted by Pinnacle Realty Advisors, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication, or engage in spamming or flooding;
- Virus, trojan horse, worm, or other disruptive or harmful software or data;
- Any information, software, or Your Content that is not legally yours may be protected by copyright or another proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
- General Terms. Terms that are capitalised in the present Terms and Conditions of the Pinnacle Realty Advisors Referral Program (hereinafter referred as Terms and Conditions) have the same meaning as the terms used in the Pinnacle Realty Advisors Terms of Service unless indicated differently in the present Terms and Conditions.
- How the Program Works. Pinnacle Realty Advisors (with website pinnaclera.com) is a brokerage-as-a-service platform for real estate professionals. Participating professionals can recommend Pinnacle Realty Advisors by word of mouth or/and by sharing a link to pinnaclera.com website and earn additional income. The program reward is a fixed amount per every qualified referred real estate agent. The rewards can be earned for the full registration on the Pinnacle Realty Advisors platform and after the referred agents fully complete the onboarding process, which usually takes up to 30 business days, until the agent you invited completes the first payment for using the brokerage.
- Qualified Referrals.
A Qualified Referral is deemed to occur when:
3.1 The Referrer shares a referral guidebook PDF (the “Guidebook for your friend” PDF) or the link to the website through email, social network, or another communication channel with a qualified person that they already know (the “Referred”) or through word of mouth recommendation and the referred agent signs up and mentions the Referrer name when signing up as the source of recommendation at pinnaclera.com website; and,
3.2 The Referred agent purchases the plan, fully completes the onboarding process and joins Pinnacle Realty Advisors company, then the Referrer will receive a reward.
Note that qualified persons exclude: fake or non-living persons, persons under the age of 18, and bots. The referral of non-qualified persons may be grounds for your removal from the platform.
4. Users are prohibited:
4.1. to recommend Pinnacle Realty Advisors in any way that differs from what is specified in the Pinnacle Realty Advisors Terms of Service;
4.2. to recommend Pinnacle Realty Advisors to the User who is a non-resident (doesn’t have domicile) or doesn’t live in the United States of America;
4.3. to make any kind of online/offline advertising or paid promotional campaign (including online advertising) featuring links to or mention of Pinnacle Realty Advisors;
4.4. to distribute links to or mention of Pinnacle Realty Advisors on websites that provide erotic, indecent, or deceptive content;
4.5. to distribute or publish the links to or mention of Pinnacle Realty Advisors on websites that provide gambling or betting services or money-back projects;
4.6. to distribute or publish the links to or mention of Pinnacle Realty Advisors on websites that offer the upload or download of illegal content, such as BitTorrent sites;
4.7. to distribute or publish the links to or mention of Pinnacle Realty Advisors on coupon sites and review sites;
4.8. to write emails, text, or other forms of message promoting Pinnacle Realty Advisors and its offers to individuals that the sender does not personally know;
4.9. to integrate in browser extensions or using an automated system, script, program, dialer, or bot through any channel to distribute or, post links to Pinnacle Realty Advisors platform.
5.1. The Users will be immediately disqualified from the Referral Program if (i) they make referrals to themselves, or (ii) they violate section 4 of the Terms and Conditions.
5.2. Pinnacle Realty Advisors may withhold payment whilst it investigates any potential breach of the Terms and Conditions.
5.3. If a User is found to be in violation of any rule of the Terms and Conditions and/or the Pinnacle Realty Advisors General Terms of Service, Pinnacle Realty Advisors can suspend and revoke at any time the payment of any Referral Program’ rewards allegedly earned by that User. In its sole discretion, Pinnacle Realty Advisors can also remove any previously earned/pending rewards and suspend Users from the Referral Program.
- The User must immediately stop participating in the Referral Program if requested to do so by Pinnacle Realty Advisors for any reason, in Pinnacle Realty Advisors’ sole discretion.
- The User receives a reward based on the balance of all outstanding earnings after every qualified referral. Rewards will be paid in USD or in kind, in one installment within ten working days after each qualified referral onboarding completion, if all conditions and preconditions for the Reward set in the Terms and Conditions have been fulfilled and neither the User, nor the referred party were disqualified for any reason from the Referral Program.
- Exact amounts of Rewards as well as other terms and conditions of the Referral Program are listed on the Referral Program’s section on the Platform.
- For the User to receive the Reward, the following preconditions must be fulfilled:
9.1. the User is deemed by Pinnacle Realty Advisors to be qualified to participate in the Referral Program and neither the User, nor the referred party, has breached the Terms and Conditions;
9.2. the referring User must be registered on Platform and have his/her identity verified via the Pinnacle Realty Advisors provided solution;
9.3. the referred party is a natural person who is at least 18 years old, and is not a resident (has domicile) of jurisdictions specified in the Schedule hereto;
9.4. the referred party must mention the referrer name when creating the account (registering), and have his/her identity verified via the Pinnacle Realty Advisors provided solution;
9.5. when creating the first account on Platform, the referred party must not have had a previously created account on the Pinnacle Realty Advisors Platform utilizing any email address and the referral will earn $1000 for a purchase of a White Label Sponsorship plan made by the referred agent and $750 for a Premier plan; if you, yourself, are an existing user of the platform and switch the plan, we freeze your $249/mo for a year if you switch from Premier to White Label Sponsorship plan.
9.6. the User and the referred party are not the same person.
- The User is responsible for all taxes owing on Rewards received by such User.
- The Referral Program cannot be used in conjunction with any other promotion.
- Pinnacle Realty Advisors is entitled, at its sole discretion, unilaterally:
12.1. suspend, terminate or change the terms and requirements of the Referral Program, including amounts and terms of the Rewards.
ADDITIONAL ITEMS YOU AGREE TO
Pinnacle Realty Advisors does not give professional advice in any other areas than real estate. Pinnacle is not in the business of providing legal, financial, accounting, health care, insurance, retirement, or other professional services or advice. Please consult the services of a competent professional when you need this type of assistance.
When using the Services, you may be informed of additional services, features, products, applications, online communities, or promotions provided by Pinnacle Realty Advisors (“Additional Pinnacle Realty Advisors Services”). If you decide to use any of the Additional Pinnacle Realty Advisors Services, additional terms and conditions and separate fees may apply.
Pinnacle Realty Advisors may be required to send you communications about the Services. You agree that Pinnacle Realty Advisors may send these communications to you via e-mail or post them on one of our sponsored websites.
You are responsible for securely managing your password(s) to access the Services. If you become aware of any unauthorized access to your Services account, theft, or loss of your password, you agree to contact Pinnacle Realty Advisors as soon as possible.
The Services may periodically be updated with tools, utilities, improvements, third-party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
Pinnacle Realty Advisors strictly adheres to the Real Estate Settlement Procedures Act of 1974 (RESPA) (12 U.S.C. 2601 et seq.). No offers or deals on Pinnacle Realty Advisors platform are permitted to be used as a kickback, unearned fee arrangement, or payment connected with a federally related mortgage loan. Participation in the Pinnacle Realty Advisors platform may not be connected to the issuance or mortgage loans and sales of property.
Pinnacle Realty Advisors shall not be liable for any default or delay in the performance of its obligations under these Terms and Conditions to the extent its performance is delayed or prevented due to causes beyond its reasonable control, which may include but not be limited to natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures or governmental action.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- Limit any of our or your liabilities in any way that is not permitted under applicable law.
- Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
LIMITATION OF LIABILITY AND INDEMNITY
To the maximum extent permitted by applicable law, the entire liability of Pinnacle Realty Advisors and any other supplier of these services to you for all matters or claims relating to these Terms and Conditions shall be limited to the amount you paid for the Services during the twelve (12) months prior to such claim. Subject to applicable law, Pinnacle Realty Advisors is not liable for any of the following:
Indirect, special, incidental, punitive, or consequential damages; or damages relating to telecommunications failures, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet Pinnacle Realty Advisors systems requirements. The above limitations apply even if Pinnacle Realty Advisors and its suppliers have been advised of the possibility of such damages.
The above limitations apply even if Pinnacle Realty Advisors and its suppliers have been advised of the possibility of such damages.
You agree to indemnify and hold Pinnacle Realty Advisors and its suppliers, agents, contractors, employees, officers, directors, and affiliates harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or your breach of these Terms and Conditions (collectively, “Claims”). In addition to such indemnification, Pinnacle Realty Advisors reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Pinnacle Realty Advisors in the defense of any Claims.
CHANGES TO THESE Terms and Conditions OR THE SERVICES
We may change these Terms and Conditions from time to time to reflect changes in the way we provide, or you receive these Services, and the changes will be effective when posted on our website or when we notify you by other means. Please review these Terms and Conditions periodically on this website for changes. We have the right to change any of the terms of these Terms and Conditions upon reasonable notice to you. Your continued use of the Services after Pinnacle Realty Advisors posts or otherwise notifies you of any changes indicates your agreement to the changes.
Pinnacle Realty Advisors may immediately and without notice terminate or change these Terms and Conditions or suspend the Services provided to you if you fail to comply with these terms or if you no longer agree to receive electronic communications. Upon termination, you must immediately stop using the Services. Any termination of these Terms and Conditions shall not affect Pinnacle’s rights to any payments due to it. Other requirements regarding termination or cancellation of the Services may apply based on the specific terms for the Services provided to you by Pinnacle Realty Advisors or Pinnacle Realty Advisors Partners.
You acknowledge that this website, the Services, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations and will not export or re-export the Services, or any part of the Services, in violation of these laws and regulations, directly or indirectly.
HELP AND SUPPORT
Pinnacle Realty Advisors may use various methods (e.g., in-product, Internet, e-mail, chat, fax, and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Pinnacle from time to time.
USER ID AND PASSWORD SECURITY
You are the only person authorized to use your username and password and maintain the confidentiality of your username and password. You shall not permit or allow other persons to have access to or use your username and password, except if you choose to provide that information to Pinnacle’s authorized technical support personnel to assist you. You are responsible for the use of the Services under your username.
PRIVACY OF PERSONAL INFORMATION
Pinnacle Realty Advisors does not retain your personal information except as necessary to provide Services to you, facilitate your interaction with a Pinnacle Realty Advisors Partner, or comply with applicable law.
You are responsible for protecting the information on your computer, such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer;
Pinnacle Realty Advisors is based in the US and for US citizens only. If you have reached a pinnaclera.com website from European Union (or EU), be aware that General Data Protection Regulation (or GDPR) restrictions are not valid on this website. You take full responsibility for your personal information.
ENTIRE AGREEMENT AND SEVERABILITY
These Terms and Conditions are the entire agreement between you and Pinnacle Realty Advisors and replace all prior understandings, communications, and agreements, oral or written, regarding its subject matter. These Terms and Conditions set forth the entire liability of Pinnacle Realty Advisors, its corporate affiliates, and your exclusive remedy with respect to the Services and its use. If any court of law, having the jurisdiction, rules that any part of these Terms and Conditions are invalid, that section will be removed without affecting the remainder of the Terms and Conditions. The remaining terms will be valid and enforceable.
Delaware state law governs these Terms and Conditions without regard to its conflicts of laws provisions. To resolve any legal dispute arising from these Terms and Conditions, you and Pinnacle Realty Advisors agree to the exclusive jurisdiction of courts in Alameda County, California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
You cannot assign or transfer your rights and obligations under these Terms and Conditions to anyone without the prior written approval of Pinnacle Realty Advisors. Pinnacle Realty Advisors may assign or transfer it without your consent to (a) a parent company or Pinnacle Realty Advisors direct or indirect subsidiary, (b) another company through a sale of assets by Pinnacle Realty Advisors, or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of your rights and obligations under these Terms and Conditions contact Pinnacle Realty Advisors at firstname.lastname@example.org.
Version: 18 October 2022
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