If you are an individual submitting this Membership Application on your own behalf, the words “you” and “your” refer to you personally, and you will be bound by these Terms.
If you are submitting this Membership Application on behalf of a company or other legal entity, e.g., your employer (“company”), you, the individual submitting it, represent that you are authorized by the company to do so and have authority to legally bind the company, and the company agrees that the words “you” and “your” will refer to the company, which will be bound by these Terms.
You agree that any and all materials and information provided or made available to you by Pinnacle or any of its affiliates after submission of this Membership Application, including without limitation, the Pinnacle Yachts Lease and other legal agreements and any other non-publicly available materials and information disclosed by or related to Pinnacle, including without limitation, consisting of or related to Pinnacle’s yachts and boats, operations, staff and affiliate staff, advertising and promotion, scheduling methods, content and systems, training methods, content, tests, and systems, videos, website content and other content and software applications, in each case regardless of form or media, and the ideas, concepts, know-how, inventions and/or discoveries reflected therein, or otherwise pertaining to the operation of Pinnacle’s business (the “Pinnacle Content”) are the proprietary and confidential property solely of Pinnacle. You agree to maintain the Pinnacle Content in strict confidence and not to use the Pinnacle Content other than solely to evaluate your prospective membership and participation in the programs offered by Pinnacle. You agree not to transmit, copy, disclose or distribute the Pinnacle Content by any means or in any form, electronic or otherwise, in whole or in part, to any person, firm, corporation or other entity, except that you may use and disclose the Pinnacle Content to your spouse, attorney and accountant solely to assist you in evaluating your prospective membership and participation in the programs offered by Pinnacle, provided they also agree to maintain the confidentiality of the Pinnacle Content as set forth herein. You further agree not to use or disclose the Pinnacle Content, in whole or in part, for any other purpose, including without limitation, competitive business intelligence gathering or other purposes, including without limitation, to advise, consult, establish, operate or invest in any business or organization that offers products or services substantially similar to, or which could reasonably be deemed competitive with, Pinnacle. You acknowledge that use or disclosure of the Pinnacle Content beyond what is permitted herein or any other violation of the above requirements is likely to cause economic harm to Pinnacle and/or irreparable damage for which remedies other than injunctive relief may be inadequate. Accordingly, you agree that Pinnacle will be entitled to receive from a court of competent jurisdiction injunctive or other equitable relief to restrain such use or disclosure in addition to other appropriate remedies. The obligations set forth above shall survive indefinitely or until such time as the Pinnacle Content in question become publicly available through no breach by you of these Terms or any other agreement with Pinnacle. Pinnacle may accept or reject any Membership Application in its sole discretion and will have no liability whatsoever with regard to its determination or with regard to any other matter pertaining to this Membership Application and you hereby waive any claims against Pinnacle related to this Membership Application or any of Pinnacle’s related acts or omissions. These Terms shall be governed and interpreted in accordance with Illinois law without regard to its conflicts of laws principles. You consent to the exclusive jurisdiction of the state and/or federal courts in Cook County, Illinois.