Terms & Conditions

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.

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.