Welcome to PSA Apparel. Performance Sales & Accessories and/or its affiliates provide website features to you subject to the following conditions and terms of use. If you visit or shop at performanceaccessories.ca, you accept and agree to be bound by these conditions and terms of use. Please read them carefully.
TERMS OF USE
Last Modified: June 19, 2019
Accepting our Terms of Use
The terms of use below establish guidelines for your access to and
use of performanceaccessories.ca, including any content, functionality,
and services offered on or through performanceaccessories.ca , whether
as a guest or a registered user.
Please read the Terms of Use before you start to use
performanceaccessories.ca . By using performanceaccessories.ca , you
accept and agree to be bound to and abide by these Terms of Use and our
Privacy Policy. If you do not agree to these Terms of Use or the
Privacy Policy, you should not access or use performanceaccessories.ca
.
performanceaccessories.ca is offered and available to all users. By
using performanceaccessories.ca , you represent that you are 18 years
of age or older, or if you are younger than 18, you are making
purchases/viewing it with the consent of a parent or guardian.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our
sole discretion. All changes are effective immediately when we post
them, and apply to all access to and use of performanceaccessories.ca
afterwards.
Your continued use of performanceaccessories.ca following the
posting of revised Terms of Use means that you accept and agree to the
changes. You are expected to check this page from time to time so you
are aware of any changes, as they are binding once made.
Accessing performanceaccessories.ca and Account Security
We reserve the right to withdraw or amend performanceaccessories.ca ,
and any service or material we provide on performanceaccessories.ca ,
at our sole discretion without notice. We will not be liable if for
any reason all if any part of performanceaccessories.ca is unavailable
at any time or for any period. From time to time, we may limit access
to some parts of performanceaccessories.ca , or the entire
performanceaccessories.ca site, to users, including registered users.
Usually this would occur for site maintenance reasons.
To access performanceaccessories.ca or some of the resources it
offers, you may be asked to provide certain registration details or
other information. It is a condition of your use of
performanceaccessories.ca that all the information you provide on
performanceaccessories.ca is correct, current, and complete. You agree
that all information you provide to register with
performanceaccessories.ca or otherwise, including but not limited to
information provided through the use of any interactive features on
performanceaccessories.ca , is governed by our Privacy Policy and you
consent to all actions we take with respect to your information,
consistent with our Privacy Policy.
Any username, password, and any other piece of information that
provides access to your account must be treated as confidential. You
must not disclose this information to any other person or entity. You
also acknowledge that your account is personal to you and agree not to
provide any other person with access to performanceaccessories.ca or
portions of it using your user name, password, or other security
information. Any transaction performed under your user name and
password is considered your responsibility. You agree to notify us
immediately of any unauthorized access to, or use of, your user name or
password, or any other such breach of security. You also agree to
ensure that you exit from your account at the end of each session. You
should use particular caution when accessing your account from a public
or shared computer so that others are not able to view or record your
password or other personal information.
We have the right to disable any user name, password, or other
identifier at our sole discretion for any or no reason, including if, in
our opinion, you have violated any aspect of these Terms of Use.
Intellectual Property Rights
performanceaccessories.ca and all its contents, features, and
functionality (including but not limited to all information, software,
text, displays, images, video, and audio, and the design, selection,
and arrangement thereof), are owned by Performance Sales & Accessories
and/or shedesignsit, its licensors, or other providers and are
protected by Canadian and international copyright, trademark, patent,
trade secret, and other intellectual property or proprietary rights
laws.
These Terms of Use allow you to use performanceaccessories.ca for
your personal, non-commercial use only. You must not reproduce,
distribute, alter, create derivative works of, publicly display,
publicly perform, republish, download, store, or transmit any of the
material on our performanceaccessories.ca , except as follows:
You may print or download one copy of a reasonable number of pages of
performanceaccessories.ca for your own personal, non-commercial use
and not for further reproduction, publication, or distribution.
If
we provide desktop, mobile, or other applications for download, you may
download a single copy to your computer or mobile device for your own
personal, non-commercial use, provided you agree to be bound by our end
user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You may not:
Alter copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Trademarks
The Performance Sales & Accessories name, the terms PSA, the logo
design and all related names, logos, product and service names,
designs, and slogans are trademarks of Performance Sales & Accessories
or its affiliates or licensors. You may not use such marks without the
prior written permission of Performance Sales & Accessories. All other
names, logos, product and service names, designs, and slogans on
performanceaccessories.ca are the trademarks of their respective owners.
Prohibited Uses
You may use performanceaccessories.ca only for lawful purposes and
under these Terms of Use. You agree not to use
performanceaccessories.ca :
In any way that violates any federal, provincial, local, or
international law or regulation (including, without limitation, any laws
regarding the export of data or software to and from Canada or other
countries).
To send, or procure the sending of, any advertising or
promotional material, including any “junk mail”, “chain letter”,
“spam”, or any other similar solicitation.
To impersonate or
attempt to impersonate a PSA employee, another user, or any other
person or entity (including, without limitation, by using email
addresses or screen names associated with any of the foregoing).
To
engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of performanceaccessories.ca , or which, as determined by
us, may harm PSA or users of performanceaccessories.ca or expose them
to liability.
Additionally, you agree not to:
Use performanceaccessories.ca in any way that could disable,
overburden, damage, or impair the site or interfere with anyone else’s
use of performanceaccessories.ca, including their ability to engage in
real time activities through performanceaccessories.ca.
Use any
robot, spider, or other automatic device, process, or means to access
performanceaccessories.ca for any purpose, including monitoring or
copying any of the material on performanceaccessories.ca .
Use any
manual process to track or copy any of the material on
performanceaccessories.ca or for any other unauthorized purpose without
our prior written consent.
Use any device, software, or routine that interferes with the proper working of performanceaccessories.ca .
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or harmful.
Attempt to gain unauthorized access to, interfere with, damage, or
disrupt any parts of performanceaccessories.ca , the server on which
performanceaccessories.ca is stored, or any server, computer, or
database connected to performanceaccessories.ca .
Attack performanceaccessories.ca via a denial-of-service attack or a distributed denial-of-service (DDOS) attack.
Otherwise attempt to interfere with the proper working of performanceaccessories.ca .
Monitoring and Enforcement; Termination
We have the right to:
Take appropriate legal action, including without limitation, referral
to law enforcement, for any illegal or unauthorized use of
performanceaccessories.ca .
End or suspend your access to all or part of performanceaccessories.ca for any violation of these Terms of Use.
We have the right to cooperate with law enforcement authorities or
court orders requesting or directing us to disclose the identity or
information of anyone who utilizes performanceaccessories.ca . You
waive and hold harmless PSA and its affiliates, licensees, and service
providers from any claims resulting from any action taken by any of the
foregoing parties during, or take as a consequence of, investigations
by either PSA or law enforcement.
Reliance on Information Posted
performanceaccessories.ca includes content provided by third
parties, including materials provided by other affiliates, third-party
licensors, and/or reporting services. All statements and/or opinions
expressed in these materials are solely the opinions of the person or
entity providing those materials. These materials do not necessarily
reflect the opinion of PSA. We are not responsible or liable to you or
any third party for the content or accuracy of any materials provided
by any third parties.
Changes to performanceaccessories.ca
We regularly update the content on performanceaccessories.ca, but
there may be times when content is not fully complete or up-to-date.
Information About You and Your Visits to performanceaccessories.ca
All information we collect on this performanceaccessories.ca is
subject to our Privacy Policy. By using performanceaccessories.ca , you
consent to all actions taken by us with your information in compliance
with the Privacy Policy.
Online Purchases
All purchases through our site or other transactions for the sale of
goods or services through performanceaccessories.ca or resulting from
visits made by you are governed by our Terms of Sale, which are hereby
incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions,
services or features of performanceaccessories.ca . All such terms and
conditions are hereby incorporated by this reference into these Terms
of Use.
Linking to performanceaccessories.ca and Social Media Features
You may link to our homepage, provided you do so in a way that is
fair and legal and does not damage our reputation or take advantage of
it. You may not establish a link in such a way as to suggest any form of
association, approval, or endorsement on our part.
performanceaccessories.ca may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on performanceaccessories.ca .
Send emails or other communications with certain content, or links to certain content, on performanceaccessories.ca .
Cause limited portions of content on this performanceaccessories.ca
to be displayed or appear be displayed on your own or certain
third-party websites.
You may use these features solely as they are provided. You may not:
Establish a link from any performanceaccessories.ca that is not owned by you.
Cause performanceaccessories.ca or portions of it to be displayed
on, or appear to be displayed by, any other site, for example, framing,
deep linking, or in-line linking.
Otherwise take any action with
respect to the materials on this performanceaccessories.ca that is
inconsistent with any other provision of these Terms of Use.
You
agree to cooperate with us in stopping any unauthorized framing or
linking immediately. We reserve the right to withdraw linking permission
without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
Links from performanceaccessories.ca
If performanceaccessories.ca contains links to other sites and
resources provided by third parties, these links are provided for your
convenience only. This includes links contained in advertisements and
sponsored links. We have no control over the contents of those sites or
resources, and accept no responsibility for them or for any loss or
damage that may arise from your use of them. If you decide to access
any of the third-party links, you do so entirely at your own risk and
subject to the terms and conditions of use for such websites.
Product and Pricing Information on performanceaccessories.ca
If a product on performanceaccessories.ca is mistakenly listed at
an incorrect price, we reserve the right to refuse or cancel any orders
placed for such product. If your credit card has already been charged
for the purchase and your order is cancelled, PSA will issue a credit
to your credit card in the amount of the incorrect price.
Your use of performanceaccessories.ca , its content, and any
services or items obtained through performanceaccessories.ca is at
your own risk. They are all provided on an “as is” and “as available”
basis, without any warranties expressed or implied. Neither PSA nor
anyone associated with PSA makes any warranty or representation about
the completeness, security, reliability, quality, accuracy, or
availability of performanceaccessories.ca . Neither PSA nor anyone
associated with PSA warrants that performanceaccessories.ca, its
content, or any services or items obtained through
performanceaccessories.ca will be accurate, reliable, error-free, or
uninterrupted. We do not warrant that defects will be corrected, that
our site or the server that makes it available are free of viruses or
other harmful components, or that performanceaccessories.ca or any
services or items obtained through performanceaccessories.ca will
otherwise meet your needs or expectations.
To the full extent of the law, PSA hereby disclaims all warranties
of kind, whether express or implied, statutory, or otherwise, including
but not limited to any warranties of merchantability,
non-infringement, and fitness for particular purpose.
You understand that we cannot and do not guarantee or warrant that
files available for downloading from the internet or
performanceaccessories.ca will be free of viruses or other destructive
code. You are responsible for having your own anti-virus protection in
place and for maintaining a means external to our site for restoring
any lost data. To the full extent of the law, we will not be liable for
any loss or damage caused by a distributed denial of service (DDOS)
attack, viruses, or other material harmful to technology that may
infect your computer’s hardware or software or other material you own
to your use of performanceaccessories.ca or any services or items
obtained through performanceaccessories.ca or to your downloading of
any material posted on it, or any website linked to it.
Limitation on Liability
In no event will PSA, its’ affiliates, or their licensors, service
providers, employees, agents, officers, or directors be liable for
damages of any kind, under any legal theory, arising out of or in
connection with your use, or inability to use,
performanceaccessories.ca , any websites linked to it, any content on
performanceaccessories.ca or such other websites, including any
direct, indirect, special, incidental, consequential, or punitive
damages or otherwise, even if foreseeable.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless PSA, its’
affiliates, licensors, and service providers, and its and their
respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors, and assigns from and against any
claims, liabilities, damages, judgments, awards, losses, costs,
expenses, or fees (including reasonable attorneys’ fees) arising out of
or relating to your violation of these Terms of Use or your use of
performanceaccessories.ca , including, but not limited to, your User
Contributions, any use of performanceaccessories.ca’s content,
services, and products other than as expressly authorized in these
Terms of Use or your use of any information obtained from
performanceaccessories.ca .
Governing Law and Jurisdiction
All matters relating to performanceaccessories.ca and these Terms
of Use and any dispute or claim arising therefrom or related thereto
(in each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of the
Province of Ontario without giving effect to any choice or conflict of
law provision or rule (whether of the Province of Ontario or any other
jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to,
these Terms of Use or performanceaccessories.ca shall be executed
exclusively in the federal courts of Canada or the province or
municipal courts that govern the Province of Ontario. We retain the
right to bring any suit, action, or proceeding against you for breach
of these Terms of Use in your country of residence or any other
relevant country. You waive all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by PSA of any term or condition set out in these Terms of
Use shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition. Any failure of PSA
to assert a right or provision under these Terms of Use shall not
constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of the
Terms of Use will continue in full force and effect.
Entire Agreement
This Terms of Use, our Privacy Policy and Terms of Sale constitute
the sole and entire agreement between you and PSA and/or shedesignsit
regarding performanceaccessories.ca and replace all prior and
concurrent understandings, agreements, representations, and warranties,
both written and oral, regarding performanceaccessories.ca .
Your Comments and Concerns
performanceaccessories.ca is operated by PSA Employees.
All notices of copyright infringement claims should be sent to webadmin@performancesales.ca.
All other feedback, comments, requests for technical support, and other communications relating to performanceaccessories.ca should be directed to the contact us page.
