Terms and Conditions

Conditions of Use

Welcome to Pinheadlocks.com (the “Pinhead Components site”). Pinhead Components Inc., and/or its affiliates provide website features and other products and services to you when you visit or shop at the Pinhead Components site, use Pinhead Components products or services, use Pinhead Components applications for mobile, or use software provided Pinhead Components in connection with any of the foregoing (collectively, “Pinheadlocks.com Services”). Pinheadlocks.com provides the Pinheadlocks.com Services subject to the following conditions.

By using Pinheadlocks.com services, you agree to these conditions. Please read them carefully.

We offer a wide range of Pinheadlocks.com services, and sometimes additional terms may apply. When you use a Pinheadlocks.com service, you also will be subject to the guidelines, terms and agreements applicable to that Pinheadlocks.com service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

Privacy

Please review our Privacy Notice, which also governs your use of the Pinheadlocks.com Services, to understand our practices.

Electronic Communications

When you use any Pinheadlocks.com Services or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Pinheadlocks.com site or through the other Pinheadlocks.com services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Pinheadlocks.com service–such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and videos–is the property of Pinheadlocks.com or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any Pinheadlocks.com Service is the exclusive property of Pinheadlocks.com and protected by Canadian and international copyright laws.

Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Pinheadlocks.com service are trademarks or trade dress of Pinheadlocks.com, Pinhead Components Inc.’s, or its affiliates, in Canada and other countries. Pinheadlocks.com, Pinhead Components Inc.’s trademarks and trade dress may not be used in connection with any product or service that is not Pinheadlocks.com, Pinhead Components Inc.’s or its affiliates’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pinheadlocks.com, Pinhead Components Inc.’s or its affiliates. All other trademarks not owned by Pinheadlocks.com, Pinhead Components Inc.’s or its affiliates that appear in any Pinheadlocks.com service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pinhead Components or its affiliates.

Patents

One or more patents owned by Pinheadlocks.com apply to the Pinheadlocks.com services and to the features and services accessible via the Pinheadlocks.com services. Portions of the Pinhead Components services operate under license of one or more patents.

License and Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Pinheadlocks.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Pinheadlocks.com services. This licence does not include any resale or commercial use of any Pinheadlocks.com service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Pinheadlocks.com Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Pinheadlocks.com or its licensors, suppliers, publishers, rightsholders, or other content providers. No Pinheadlocks.com service, nor any part of any Pinheadlocks.com service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Pinhead Components Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pinheadlocks.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing Pinheadlocks.com or Pinhead Components Inc.’s name or trademarks without the express written consent of Pinhead Components Inc. You may not misuse the Pinheadlocks.com services. You may use the Pinheadlocks.com services only as permitted by law. The licenses granted by Pinheadlocks.com terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account

If you use any Pinheadlocks.com service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of majority in your province of residence, you may use the Pinheadlocks.com services only with involvement of a parent or guardian. Pinheadlocks.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Pinheadlocks.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Pinheadlocks.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant Pinheadlocks.com and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pinheadlocks.com for all claims resulting from content you supply. Pinheadlocks.com has the right but not the obligation to monitor and edit or remove any activity or content. Pinheadlocks.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

Pinheadlocks.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us through our contact form.

Risk of Loss

All items purchased from Pinheadlocks.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns, Refunds and Title

Pinheadlocks.com does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Pinheadlocks.com does not take title to the refunded item. For more information about our returns and refunds, please refer to our returns and refunds policy.

Product Descriptions

Pinheadlocks.com attempts to be as accurate as possible. However, Pinheadlocks.com does not warrant that product descriptions or other content of any Pinheadlocks.com service is accurate, complete, reliable, current, or error-free. If a product offered by Pinheadlocks.com itself is not as described, your sole remedy is to return it in unused condition.

Pricing

Except where noted otherwise, the List Price or Suggested Price displayed for products on any Pinheadlocks.com service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice, or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set.

With respect to items sold by Pinheadlocks.com , we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Pinhead Components Software Terms

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Pinheadlocks.com services (the “Pinhead Components Software”).

Disclaimer of Warranties and Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE PINHEADLOCKS.COM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PINHEAD COMPONENTS SERVICES ARE PROVIDED BY PINHEADLOCKS.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PINHEADLOCKS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PINHEADLOCKS.COM SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PINHEADLOCKS.COM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PINHEADLOCKS.COM SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PINHEADLOCKS.COM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. PINHEADLOCKS.COM DOES NOT WARRANT THAT THE PINHEADLOCKS.COM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PINHEADLOCKS.COM SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM PINHEADLOCKS.COM SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PINHEADLOCKS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PINHEADLOCKS.COM SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PINHEADLOCKS.COM SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Applicable Law and Disputes

(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any Pinheadlocks.com Service, or to any products or services sold or distributed by Pinheadlocks.com or through Pinheadlocks.com Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Commercial Arbitration Code and Commercial Arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our office Pinhead Components Inc. #373, 11215 Jasper Avenue, Edmonton, AB, Canada T5K 0L5. The arbitration will be conducted by the Canadian Arbitration Association (CAA) under its rules, including the CAA’s Supplementary Procedures for Consumer-Related Disputes. The CAA’s rules are available at http://canadianarbitrationassociation.ca/?page_id=72 or by calling 1-800-856-5154. Payment of all filing, administration and arbitrator fees will be governed by the CAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Pinheadlocks.com will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

(Not applicable to Quebec consumers) By using any Pinheadlocks.com Service, you agree that Commercial Arbitration Code, applicable Canadian federal law, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Pinheadlocks.com.

For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and Pinheadlocks.com shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

Site Policies, Modification, and Severability

Please review our other policies posted on the Pinheadlocks.com site. These policies also govern your use of Pinheadlocks.com services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.