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Website Terms of Use

Last Updated: September 30, 2024

At Pinky’s Iron Doors (“Pinky’s”, “we”, or “us”) we strive to provide our customers, visitors, users, and others who access our website (“Customer(s)”, “you” or “your”) with superior service, quality, and communication. In order to ensure a clear agreement and understanding of our terms and conditions, please review the following content prior to using our website. Access and uses of this website are subject to all applicable laws, along with the terms listed below.

Pinky’s and its family of websites,  mobile sites, applications, widgets, and other mobile interactive features, official social media pages that we control, as well as through HTML-formatted email messages that we send to you (collectively the “Site(s)”) provides Pinky’s products and services (“Services”) to Customers subject to the terms and conditions of this agreement (collectively "Terms & Conditions" or “Terms”), and the Product terms and conditions located on Pinky’s website (“Product Terms”). The Product Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Product Terms. 

By accessing or using the Site, you signify that you have read, understood, and agree to be bound by these Terms & Conditions, including any policies referenced herein, and to the collection and use of your information as set forth in the Pinky’s privacy policy (“Privacy Policy”), hereby incorporated by reference. These Terms apply to all Customers. Pinky’s reserves the right to change these Terms & Conditions from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review these Terms & Conditions. Your continued use of this Site after such modifications will constitute your acknowledgement and acceptance of the modified Terms.

As used in these Terms & Conditions, references to our "Affiliates" include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, managers, members, agents, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or contents and offerings available on the Site. 

Any person or entity who interacts with the Site in any manner, including, but not limited to, inactions through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. 

BY USING THIS SITE FOR ANY PURPOSE, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS & CONDITIONS, PLEASE EXIT THE SITE AND DISCONTINUE FURTHER USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR THESE TERMS & CONDITIONS IS TO CEASE USING THE SITE. THESE TERMS & CONDITIONS ARE EFFECTIVE UPON USE OF THE SITE.

 

 

 

  1. Use of Our Products and Services

 

    1. Binding Contract. This is a contract between you and Pinky’s. You must read and agree to these Terms before using the Services. Please read these Terms carefully to ensure that you understand each provision. If you do not agree to the Terms, you may not use the Site or purchase any Services. You may use the Site only if you can form a binding contract with Pinky’s, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations (“Applicable Law”). Any use or access to the Site by anyone under 18 is strictly prohibited and in violation of these Terms. The Services are not available to any Customers previously removed from the Site by Pinky’s. If you are an entity, the person using the Site and/or purchasing the Services is acting on behalf of such entity and represents and warrants they are authorized to do so.

 

    1. Pinky’s Products & Services. Subject to the terms and conditions of these Terms, including the Product Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site for your use only as permitted by these Terms. Pinky’s reserves all rights not expressly granted herein. You may not use the Site or purchase Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
    2. Customer Accounts. 

 

      1. You may create an account with a login and password that we may establish and maintain through the Site from time to time and in our sole discretion. We may maintain different types of accounts for different types of Customers. All Customer accounts are subject to the sole control of Pinky’s and access to any Customer account may be restricted, suspended or terminated as Pinky’s determines in its sole and absolute discretion. 

 

      1. If you are using an account on behalf of an entity, (a) you represent and warrant that you have the authority to legally bind the entity and to grant all permissions and licenses provided in these Terms; and (b) you shall not allow access to or use of the Site by anyone other than authorized Customer.

 

      1. You are responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Pinky’s immediately of any breach of security or unauthorized use of your account. Pinky’s will not be liable for any losses caused by any unauthorized use of your account.

 

      1. By providing Pinky’s your email address, you consent to Pinky’s using the email address to send you notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as general updates and advertising. If you do not want to receive such email messages, you may opt out by clicking “unsubscribe”.

 

    1. Prohibited Uses. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site or Services in any medium, including without limitation by any automated or non-automated “scraping;”(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or Services in a manner that sends more request messages to the Pinky’s servers than a human can reasonably produce; (iii) transmitting spam, chain letters, or other unsolicited emails; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site or Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (xiii) making any commercial use of the Site or Services, including making any collection or use of any product listings, descriptions, prices or images; (xiv) except as permitted pursuant to these Terms, downloading, copying, or transmitting any Content for the benefit of any other merchant or seller; or (xv) using the Site or Services for unlawful purposes or any other purposes not expressly permitted under these Terms or without Pinky’s express prior written consent.

 

  1. Ownership & Proprietary Rights.  The Site and Services, including, without limitation, all information, software, images, text, graphics, illustrations, products, features, functionality, designs, logos, patents, trademarks, service marks, copyrights, and photographs (the “Content”), and all Intellectual Property Rights related thereto, are owned by Pinky’s or its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, use, edit or create derivative works from any Content. Use of the Content for any purpose not expressly permitted by these Terms is strictly prohibited. Specifically, Pinky’s does not convey to anyone, through allowing access to the Site, any ownership rights in the Site or in any Content appearing on or made available through the Site. Customers may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of the Site or the Content “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademarks, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights and proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

 

  1. Termination and Suspension

 

    1. Termination and Suspension by Pinky’s. We may permanently or temporarily, change, suspend or terminate your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason at all. We may discontinue, suspend or modify the Site and these Terms at any time without notice.  You agree that we will not be liable to you or any third party for any Pinky’s actions in keeping with this Section.

 

    1. Effect of Termination. Upon termination of this Site for any reason, all licenses set forth herein will immediately terminate, and you will immediately cease using the Site, and except as otherwise provided in Section 3.3 below, the rights and obligations of both parties hereto will cease.
    2. Survival of Terms and Conditions. Upon termination for any reason or no reason, you shall continue to be bound by the terms and conditions of Section 4, 5, 6, 7 and 8.6 which by their nature shall survive such termination, including indemnification, warranty disclaimers, and limitations of liability.

 

  1. Indemnity.  You shall bear the risk of loss or damage resulting from your use of this Site and any of the Services. You agree to defend, indemnify and hold harmless Pinky’s and its subsidiaries, agents, licensors, officers, member, managers, and other affiliated companies, and their employees, contractors, agents, officers, members and managers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any Applicable Law, rule or regulation; (v) providing any misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Site with your account, username, password or other appropriate security code. Pinky’s has the right to defend and/or settle any such matter in such manner as Pinky’s deems appropriate, without your consent, and you must reimburse Pinky’s for all costs reasonably incurred in defending and/or settling any such matter, including reasonable attorneys’ fees.

 

  1. DISCLAIMER OF WARRANTY.  THE SITE IS PROVIDED ON AN “AS IS”, “WHERE-IS” AND “AS AVAILABLE” BASIS AND USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PINKY’S OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, PINKY’S AND ITS AFFILIATES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE. FURTHERMORE, NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY PINKY’S OR AN AUTHORIZED REPRESENTATIVE OF PINKY’S SHALL CREATE A WARRANTY.

THE SITE MAY DISPLAY NAMES, MARKS, PRODUCTS, ADVERTISEMENTS, OR SERVICES OF THIRD PARTIES, OR LINKS TO THIRD-PARTY APPLICATIONS. IN NO EVENT WILL PINKY’S BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANY USER FOR DAMAGES OR LOSS ARISING FROM OR RELATING TO USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO SUCH ADVERTISEMENT, LINKED THIRD-PARTY APPLICATION, OR LINKED CONTAINED IN A LINKED APPLICATION.

  1. LIMITATION OF LIABILITY.
    1. EXCLUSION OF DAMAGES. IN NO EVENT WILL PINKY’S BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT PINKY’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

    1. MAXIMUM AGGREGATE LIABILITY.  PINKY’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, OR THE SERVICES SHALL BE THE LESSER OF: (A) A USER’S ACTUAL DAMAGES; OR (B) ONE THOUSAND DOLLARS ($1,000). 

 

    1. ACKNOWLEDGEMENT.  THE LIABILITY LIMITED BY SECTIONS 6.1 AND 6.2 APPLY: (A) TO LIABILITY FOR NEGLIGENCE; (B) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (C) EVEN IF PINKY’S IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (D) EVEN IF USER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION 6, PINKY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE BY SUCH LAW.

7. CHOICE OF LAW AND VENUE AND DISPUTE RESOLUTION. These Terms shall be governed by the internal substantive laws of the United States of America and the State of California, without respect to its conflict of laws principles. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

 

    1. Initial Dispute Resolution.  We are available by email at info@pinkys.com to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations for a period of at least thirty (30) days from written notification by one party to the other, which shall be a precondition to either party initiating a lawsuit or arbitration.

 

    1. Confidential Mediation. Any disputes between the parties hereto, which the parties cannot resolve between themselves as provided above, shall be initially redressed by mediation. The mediation shall be scheduled with or without the involvement of legal counsel at the offices of the Judicial Arbitration and Mediation Services (“JAMS”) closest to Glendale California, and shall take place within sixty (60) days of notice of said mediation being sent to the Parties. The cost of the mediation shall be borne equally by the parties, and such mediation shall engage a sole mediator selected from the panel of mediators of the JAMS. The parties shall attempt in good faith to agree upon a mediator, and if there is no agreement, the mediator shall be selected by the JAMS. The parties agree to keep the proceedings of the mediation, all events leading up to the mediation and the outcome of the mediation confidential. Should mediation fail to resolve the parties’ differences, the parties agree to submit their dispute to arbitration in accordance with the procedures set forth below.

 

    1. Agreement to Binding Arbitration.  If we do not reach an agreed-upon solution through the informal procedure and mediation as provided above, then either you or we may initiate binding arbitration. All claims arising out of or relating to these Terms (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by Judicial Arbitration and Mediation Services (JAMS), in accordance with the JAMS Streamlined Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions. Such arbitration will take place in Los Angeles, California.  Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules & Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of your agreement to these Terms, including, but not limited to, any claim that all or any part of your agreement is void or voidable. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. 

 

You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.

 

    1. Class Action and Class Arbitration Waiver.  You and Pinky’s each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and Pinky’s each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
    2. Exclusive venue for litigation. You and Pinky’s expressly consent to exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California, for any litigation that is not required to be resolved by arbitration as required herein, other than small claims court actions. In the event of litigation relating to these Terms or the Site, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

8. General

 

    1. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pinky’s without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

    1. Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force.
    2. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Pinky’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

    1. Contact. Please contact us at info@pinkys.com with any questions regarding these Terms.

 

    1. Copyright Complaints.  It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify Pinky’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

 

      1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
      2. Identification of the copyrighted work that you claim has been infringed;
      3. Identification of the material that is claimed to be infringing and where it is located on the Services;
      4. Information reasonably sufficient to permit Pinky’s to contact you, such as your address, telephone number, and, email address;
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
      6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
      7. The above information must be submitted to the following DMCA Agent:

Pinky’s Iron Doors
Attn: DMCA Notice
2382 E. 48th Street
Vernon, CA 90058
Email: info@pinkys.com

All communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us including patentable ideas, new content suggestions or business proposals unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by Pinky’s and will not be returned to you.

    1. Notices and Electronic Communications.  Except as explicitly stated otherwise, any notices you send to Pinky’s shall be sent by email to info@Pinky’s.com. In the case of notices Pinky’s sends to you, you consent to receive notices and other communications by Pinky’s posting notices on the Site or emailing a notice to you at your email address listed in your account. You agree that all agreements, notices, disclosures, and other communications that Pinky’s provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (a) 24 hours after the notice is posted, or (b) in the case of emailing, one day after the date of emailing. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

 

    1. Execution of Documents. You agree that the execution of any document or agreement by electronic mail or any other electronic means, shall be deemed to constitute execution of such document or agreement as to the parties thereto.  Such electronic signatures may be used by the parties in lieu of the original signature page(s) of any such document or agreement for any and all purposes and shall be deemed original signature for all purpose.  For the purposes of clarity, electronic signature, includes, but is not limited to, a faxed, scanned, photocopied, “wet ink”, Docusign, or any other electronic signature permitted by law.