PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 12/13/2020.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with Pinnacle 5 Minerals LLC, also known as Pinnacle 5 Minerals, located at Box 413 Manitou Springs, Colorado 80829 and our subsidiaries and affiliates, including the Joseph Dorris Family and Glacier Peak Mining LLC in association with the use of the Pinnacle 5 Minerals website, which includes https://pinnacle5.wpengine.com, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF TERMS
P5M is Pinnacle 5 Minerals LLC, Glacier Peak Mining LLC, and/or the Joseph Dorris Family as related to the Pinnacle 5 Minerals website.
Site is the Pinnacle 5 Minerals website at pinnacle5minerals.com
User is anyone who accesses, purchases product, provides inputs, downloads information from the Site, or otherwise uses the Site in any aspect.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
The home page of Pinnacle 5 Minerals LLC. Used for the marketing, sales, customer relationship management, and content publication activities of the Joseph Dorris Family, Pinnacle 5 Minerals LLC, and Glacier Peak Mining LLC (P5M).
Any and all visitors to our Site shall be deemed “users” (Users) of the herein contained Services provided for the purpose of this TOS.
The User acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Pinnacle 5 Minerals LLC (P5M) At its discretion, P5M may offer additional website Services and/or products, or update any current content and Services, and this Agreement shall apply. P5M does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end User acknowledges and agrees that P5M shall not be held liable for any such updates or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates shall constitute your acceptance of such updates. Should you not agree to the updated or modified terms, you must stop using the provided Services forthwith.
Furthermore, the User understands and agrees that the Services offered shall be provided “AS IS.”
There is no active registration to the Site or P5M Services; however, all Users are considered to have registered and agree to these Terms of Service.
Pinnacle 5 Minerals will use only e-commerce information for conducting sales. This will be safeguarded in accordance with all banking rules and never shared.
We may collect information on you which you provide through other means, such as your e-mail for purposes of contacting you, providing requested information, responding to your concerns or for similar reasons.
We do not share your information unless required by law.
We may send information on updates for products, show schedules, or other material that we post to the Site.
It is P5M’s priority to ensure the safety and privacy of all its visitors, Users and members, especially that of children. We will only post information or material suitable for a general audience age thirteen and above (PG13). If you do not wish your child to have access to our content, please prohibit their access. We will conduct e-commerce only with your permission.
We cannot accept responsibility for content that is submitted via comments to our blog pages or review pages. However, P5M will monitor all public input pages and will remove any material we deem inappropriate. (Users are restricted to submitting only PG13 materials or responses.)
As a User, you agree to the following standards of use. You may be blocked if violations occur. (In some cases legal proceedings can occur.)
P5M is not a general use public forum but is primarily a source of information on our endeavors and a site for selling our products. Since as a User, we allow limited inputs to some of our products and our blogs, the following material applies and we are obligated to share this with you. The following is a standard description of behavior and usage and required for websites which allow input in the form of comments or reviews.
In summary this is what it states:
You may not submit any inappropriate comments or inputs to our website blogs or reviews. (Keep things at PG13).
You are the owner of all materials you submit or share or you will properly identify the material which is not yours.
We will not take ownership of your materials but we may share photographs or information which you provide. (We prefer photographs to be submitted directly to us through our e-mail account and not posted to a blog comment. We will always endeavor to give credit where credit is due.)
All our material is copyrighted. You may not reprint, repost, or use our material without giving proper credit. You cannot use any of our material for commercial purposes. (We use other copyrighted material as well for which we must give credit, and we are not authorized to give you permission.)
You may use our material for one-time use such as reviews, news articles, or for teaching and informational purposes. However, you must still give proper credit for such use where practical.
We reserve the right to delete your comments or material.
You will notify us of Users under the age of 13 and take responsibility for their usage of the Site and Services when appropriate. (We hope they will use the Site, particularly for the educational benefits.)
You will use no links to other sites or to your pages in your comments or inputs, particularly to attempt to sell or promote your products. (If there is an educational site you believe we should share, let us know; however, this is not the main purpose of the P5M Site or Services. We will generally not use links to other websites within our own Site, and we do not take responsibility for any such sites’ content.)
Keep in mind, the best manner to contact us, to provide us with information, make recommendations, provide photographs, or for issues is to directly contact us through firstname.lastname@example.org.
As a User, you understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of P5M services. As such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Pinnacle 5 Minerals.
Furthermore, you herein agree NOT to make use of P5M Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any P5M personnel or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation.
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other Users’ ability to participate in any real time interactions;
j) interfering with or disrupting any P5M Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or User in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Pinnacle 5 Minerals LLC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, Users and/or members.
Upon registration, you hereby acknowledge that by using https://pinnacle5.wpengine.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Pinnacle 5 Minerals LLC shall not lay claim to ownership of any content submitted by any visitor, member, or User, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Pinnacle 5 Minerals LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Pinnacle 5 Minerals LLC’s Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Pinnacle 5 Minerals LLC’s Sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Pinnacle 5 Minerals LLC’s Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Pinnacle 5 Minerals LLC’s Sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Pinnacle 5 Minerals LLC’s Sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Pinnacle 5 Minerals LLC’s Sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Pinnacle 5 Minerals LLC provides an area for our Users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our Site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Pinnacle 5 Minerals shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) Pinnacle 5 Minerals shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of Pinnacle 5 Minerals; and
e) Pinnacle 5 Minerals is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All Users and/or members herein agree to insure and hold Pinnacle 5 Minerals LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or User of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Pinnacle 5 Minerals Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or User herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Pinnacle 5 Minerals’s Sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Pinnacle 5 Minerals LLC may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Pinnacle 5 Minerals LLC, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Pinnacle 5 Minerals LLC’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that Pinnacle 5 Minerals LLC has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Pinnacle 5 Minerals LLC shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on Pinnacle 5 Minerals LLC’s servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on https://pinnacle5.wpengine.com. It is your agreement to this TOS which establishes your consent to allow Pinnacle 5 Minerals LLC to store any and all communications on its servers.
Pinnacle 5 Minerals LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Either Pinnacle 5 Minerals LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Pinnacle 5 Minerals LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You herein acknowledge, understand and agree that all of the Pinnacle 5 Minerals LLC trademarks, copyright, trade name, service marks, and other Pinnacle 5 Minerals LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Pinnacle 5 Minerals LLC. You herein agree not to display and/or use in any manner the Pinnacle 5 Minerals LLC logo or marks without obtaining Pinnacle 5 Minerals LLC’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
Pinnacle 5 Minerals LLC will always respect the intellectual property of others, and we ask that all of our Users do the same. With regards to appropriate circumstances and at its sole discretion, Pinnacle 5 Minerals LLC may disable and/or terminate the accounts of any User who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurSuper Specimen: From time to time we will feature a specimen which we believe is truly exceptional or special. If you are interested in purchasing it, please e-mail us instead of ordering as a normal “product” (If you do, no problem, we’ll contact you for some additional details.) We can negotiate prices and terms, and we need to determine shipping and insurance. We also offer a trade-up policy on these pieces. They are numbered and tracked. Each one we feel is something special and we hope you enjoy seeing these as well when we post one.ate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Pinnacle 5 Minerals LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Pinnacle 5 Minerals LLC
Attn: Copyright Agent
Manitou Springs, Colorado 80829
Telephone: (719) 685-4479
Please report any and all violations of this TOS to Pinnacle 5 Minerals LLC as follows:
Pinnacle 5 Minerals LLC
Manitou Springs, Colorado 80829
Telephone: (719) 685-4479