By agreeing to these terms, you release Pinecone from all past, present, and future claims related to the site, including claims for personal injury, death, and property damage; California residents additionally waive a law that would otherwise protect unknown claims.
This analysis describes what Pinecone's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This clause asserts a broad release of all claims arising from site use, extending to personal injuries and property damage, and for California residents, includes an explicit waiver of California Civil Code 1542, which otherwise protects claims a person did not know existed at the time of the release.
Interpretive note: The enforceability of a broad pre-dispute release covering personal injury and death in an adhesion contract, and the validity of a California Civil Code 1542 waiver outside a negotiated settlement context, may vary depending on jurisdiction and judicial interpretation.
Users who accept these terms release Pinecone from a broad range of claims, including personal injury and property damage claims, arising from site use or interactions with third-party links. California residents are additionally asked to waive the statutory protection that would otherwise preserve unknown or unsuspected claims at the time of accepting these terms.
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"You hereby release and forever discharge Pinecone (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including interactions with any other Site users or any Third-Party Links and Applications). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."— Excerpt from Pinecone's Pinecone Terms of Service
(1) REGULATORY LANDSCAPE: General releases in standard form clickwrap agreements face enforceability scrutiny, particularly when they purport to cover personal injury and death claims. California Civil Code 1542 waivers are recognized under California law in negotiated settlements but their enforceability in adhesion contracts presented to consumers on a take-it-or-leave-it basis is subject to judicial review. State consumer protection laws may limit the scope of enforceable pre-dispute releases. (2) GOVERNANCE EXPOSURE: Medium. The inclusion of personal injury and death in a website terms release is operationally notable for an informational website, and the enforceability of such a broad pre-dispute release in this context may face challenge. The California Civil Code 1542 waiver adds additional complexity for California-resident users. (3) JURISDICTION FLAGS: California is the highest-exposure jurisdiction given the explicit Civil Code 1542 waiver. EU and UK consumer protection frameworks generally prohibit pre-dispute releases that limit consumer rights arising from personal injury or negligence. Users in those jurisdictions may retain statutory rights regardless of this clause. (4) CONTRACT AND VENDOR IMPLICATIONS: Organizations accepting these terms on behalf of employees or staff who access the site should evaluate whether the personal injury and death release provisions are consistent with their risk management and indemnification frameworks. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether this release provision is enforceable in their jurisdiction before relying on these terms as the sole governance document for site-related interactions. The document includes a carve-out noting that the release does not affect non-waivable rights, which partially mitigates the scope of the provision in practice.
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This clause asserts a broad release of all claims arising from site use, extending to personal injuries and property damage, and for California residents, includes an explicit waiver of California Civil Code 1542, which otherwise protects claims a person did not know existed at the time of the release.
Users who accept these terms release Pinecone from a broad range of claims, including personal injury and property damage claims, arising from site use or interactions with third-party links. California residents are additionally asked to waive the statutory protection that would otherwise preserve unknown or unsuspected claims at the time of accepting these terms.
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