When Can You Be Legally Handcuffed?
Ask the average law-abiding American citizen when they can be placed in handcuffs legally and you’ll probably be met with a blank stare, followed by “uh, when you break the law?” Naturally, it isn’t always as black-and-white as that.
When you decide to keep a handcuff key on your person for a SHTF event, the possibility of societal collapse, and everyday preparedness, it’s essential that you know your rights. The following are situations in which you can be legally handcuffed by law enforcement. We do not advise attempting to escape in these situations, even if you question the legality of your detainment. If you feel that your civil rights have been violated, contact a civil rights attorney.
The primary law to be aware of is the fourth amendment, which prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. We could take pages and pages discussing what warrants an “unreasonable” search or seizure; ultimately that will be up to the officer in the moment and is likely to vary from person to person. With this in mind:
According to a training bulletin from the Los Angeles Police Department:
“The principle reason for handcuffing an arrestee is to maintain control of the individual and to minimize the possibility of a situation escalating to a point that would necessitate using a higher level of force or restraint. The decision to use restraining procedures and devices depends on common sense and good judgment.”
Law enforcement can make a case that any of the above situations warranted handcuffing you.
What About Citizen’s Arrest?
Citizen’s arrest began as a common law that allowed for citizens to make a warrantless arrest for crimes such as prostitution and gambling. Most states have since codified those common laws, and they vary widely by state. All states require that a citizen can only legally arrest an individual if the crime happened in their presence. This extends to merchants, who enjoy in most states the ability to detain a suspected shoplifter until law enforcement arrives.
A handcuff key is an important part of your everyday carry, but should not be used when you have been detained by law enforcement, especially considering the lack of rigidity surrounding the legality of detainment. It will be easier for an officer to defend their choice to handcuff you than it will be for you to defend your choice to escape custody. It is much wiser to seek professional legal counsel if you feel your civil rights have been violated.
This is a guest post by John V Cain. John writes about the vagabonding lifestyle at VINJABOND.
A covertly equipped handcuff key for a foreigner abroad is the smallest part of their gear but potentially the most important.
Gear to survive or endure dangerous and hazardous scenarios is valuable but gear to avoid them is invaluable.
-John V Cain, founder of VINJABOND.
Specialized handcuff keys and other escape tools have been a part of my everyday carry equipment for my professional life for years but have found them to be just as useful in civilian life, especially while traveling.
It’s my nature to be drawn to danger and unstable situations so don’t take it from me but from the experience of an ordinary traveler on holiday…
While packing up to leave a hostel in Bangkok, I met Alex. A Canadian pre-med student on his gap year interested in my strange gear. We got to talking and I gave him a TIHK handcuff key and showed him how to use it.
Then I headed north towards Vietnam, he headed south towards the Thai islands, where his story begins.
The Full Moon Party
Every full moon on the small paradise island of Koh Phangan, an event occurs that started in the mid 80’s. It’s called the Full Moon Party. With up to 30,000 attendees at each event, it’s the largest recurring beach party in the world. It’s gone through many changes over the years but what remains is its crazy-intense-debaucherous-wild-hedonistic essence.
Thousands of young travelers from every country mixing with each other with powerful music blasting on a true paradise beach. What could go wrong?
When you have this much explosive and dynamic social activity going on, the socially inept tend to have a hard time fitting in, even to the point of becoming a recluse.
Traveling alone through a strange country and attending a monstrous party with thousands of strangers, Alex became that recluse.
Recluses at parties are obvious but ignored.
Belly, a slick Thai local saw poor Alex, but instead of ignoring him like everyone else, he made him his party-protege, despite the language barrier.
Anyone in Alex’s shoes would be delighted to chill with Belly, especially with the 3 girls he was with.
And so he partied on, finally…
Nearly 10 hours later at about 5 in the morning with the party still going strong, Alex was resting, sitting on a picnic table staring into the abyss of dancers dancing away against the endless black ocean.
Suddenly, Belly appears from the moving crowd like mist. He runs straight to Alex out of breath and tells him something in broken English; “Police ???? hide ??? ??? later ???…” Then he hands Alex a Pringles chips bag (tubular paperboard can) and vanished into the crowd.
Dazed and confused, as Alex starts to put the Pringles can between his feet, he’s blinded by a flashlight.
The light then trails directly to the Pringles can. His eyes focus and he can clearly see it’s the police.
One of the cops takes the Pringles can as his partner looks around the vicinity for Belly (I presume).
Again in broken but better English, the cop asks Alex if the Pringles is his. Alex confirms. The cop then opens the can and lays out the contents on the picnic table. To shocking surprise, Alex sees it’s dozens of pills (probably ecstasy) with just as many baggies of white powder.
Alex immediately and nervously denies it’s his now and tries to explain that he was just holding it for a friend.
The cop then handcuffs him and yells at him in Thai.
Alex, now detained and in tears, sits with the cop as his partner searches for Belly within the crowd.
With the cop sitting right next to him but preoccupied also looking for Belly, Alex starts twisting his shorts to reach the key. He gets it and tries to open the cuffs…
He fails and drops the key, but not on the sand.
Blindly and nervously shaking, he feels for the key on the table. He finds it. Tries again. Drops it again. Repeat…
Click, clank, clack, clack, clack… Success!
Amazed at himself but also realizing the implications of it, he loses the key again but this time it drops to the sand, lost forever. But no matter, one hand is free.
Uncontrollably nervous, he dry vomits, paralyzed.
An eternity passes by (probably 5 minutes). His hand free from the shackles, making pretend it’s still engaged as he builds up the courage to run.
Another eternity later, he bolts into the sea of people like a bat out of hell. Adrenaline at max output with his left hand sporting a shiny bracelet. He runs and runs.
Alex has been sober all his life including this night but the euphoria he feels as he finally makes it back to his bungalow is the epitome of a natural high.
He remembers my “5 minute training” and shaves his mustache, gives himself a drastic haircut, bruises his cheeks and forehead, changes into completely different colored clothing and buries the ones he’s wearing.
Not long after that, he made it safely back to Bangkok.
Handcuff Keys and Shims for World Travel
A life saved by a piece of plastic, a handcuff key.
There will be detractors on civilians carrying handcuff keys. If you are one of those, I’d like to ask you: “What would you do in Alex’s exact situation?”
Would you let yourself be arrested and spend a quarter century in a foreign prison because the “law is the law”?
Remember, you didn’t murder anyone, steal from a store or even knew you were committing a crime. For all intents and purposes, bad friggen luck.
I don’t know about you but I will not go to prison for holding a bag of chips if I can help it. And it’s not like “I was holding it for a friend” or “I didn’t know it was drugs” is going to hold up in court in this scenario.
If you still don’t want to control your own destiny and trust a foreign justice system implicitly, then at best you can; get yourself officially arrested, processed into their system, go to lockup, wait to see a judge, meet with an embassy appointed lawyer, go back to lockup and 6 months later you’re rather set free or sent to prison.
Complete Escape Tool Gear Kit
I received the longest email ever from Alex (not his real name by the way) shortly after. I wish it was written on paper by hand as it was motivating and one of the most touching pieces of words I have ever read.
Back home or abroad, it’s unlikely to be unfairly or unjustly arrested but it’s more likely to occur as a foreigner because of unfamiliar international laws, cultural differences and inaccurate communication.
Then there’s also the possibility of kidnapping.
It will most likely never happen to you (or so you think), but it does happen quite frequently on a global scale.
So as Franz Kafka so wisely says, “Better to have, and not need, than to need, and not have.”, reinforced by the fact that a covert handcuff key is smaller than a clothing button and almost as inconspicuous. Reinforced by the fact that a covert handcuff key is smaller than a clothing button and almost as inconspicuous.
Nobody can give you freedom. Nobody can give you equality or justice or anything. If you’re a man, you take it.
It’s true that, aside from law enforcement and military personnel, the individuals you are most likely to find in possession of a handcuff key are the bad guys. But beware of drawing fallacious conclusions: possession of a handcuff key does not a criminal make. It simply follows that those who are most likely to desire a secret way of escape are those who have something they feel the need to escape from: i.e. jail time.
Because of this notion, we often receive earnest questioning from people who wonder why in the world we would market a tiny inconspicuous handcuff key to the general public. They are sure that the majority of our clientele must be those who would do harm to the good guys. While we acquiesce that products falling into the “wrong hands” is an unfortunate reality of the marketplace (and one that we do not condone), consider the fact that handcuffs also can also be purchased by anyone.
Take, for example, the very recent story of a Los Angeles couple who were detained in their own home by home invaders in ski masks. The couple was detained not with rope, wire, zip ties, or any other shady tool to which we may erroneously assume the bad guys are limited. They used regular old handcuffs. Fortunately the couple was not harmed in this case by the trespassers brandishing a screwdriver and a handgun- merely robbed. No one would suggest that they should have freed themselves, should they have had the means, while the invaders were in their home, but who knows how long they had to wait, and scream for help, and pray that the thieves didn’t return while they sat helplessly cuffed?
Choosing to possess a universal handcuff key as part of your everyday carry is not an immediate sign of a criminal, or even of a paranoid person. It’s the choice of someone who knows how frequently the bad guys use handcuffs, and who chooses to do everything in their power to be ready, should the worst-case-scenario happen. It’s about taking responsibility for your life into your own hands, rather than putting it into the hands of someone who would do you harm.
Disposable restraints as used by bad guys most often take the form of zip ties that you can buy at your local hardware store. At first escape seems daunting- how do you pick a non-existent lock? But rest assured, with a little practice and resourcefulness, there are several ways to escape unlawful restraint via zip tie. The effectiveness of these tactics will depend on the material type (these tactics are much less likely to be effective on the plastic cuffs used by law enforcement, nor should you try to) as well as the positioning of your hands and what tools you have at your disposal. As with normal handcuffs, if you think you may find yourself in a situation from which you need to escape, it’s a great idea to practice your tactics in advance.
Silverxxx / Wikimedia Commons / CC-BY-SA-3.0 / GFDL
Breaking Zip Ties
Zip ties operate with a ratchet mechanism, very similar to traditional handcuffs, but without the double lock that prevents them from being tightened further once they’ve been secured. While tightening your restraints further may at first feel counterintuitive, it can actually work to your advantage. This method can work whether your wrists have been bound with a single tie, or with two ties bound together: tighten them as much as you can (you may need to use your teeth), then bring your arms up high, and pull them down quickly. Flare your elbows out and simulate touching your shoulder blades together on the down-swing as your hands hit your stomach (or your rear, depending on whether your hands were cuffed in front of you or behind you). For a visual, check out this video from ITS Tactical:
If you carry a lighter on your person and can maneuver to angle the flame toward the plastic between your wrists, you may be able to soften it enough to pull the plastic cuffs apart or more easily break them using the method outlined above. This method of course runs the risk of burning your own skin, but in a risky situation it will likely be worth it.
With a little forethought, you may be able to afford yourself extra wiggle room to maneuver around inside the zip ties. If you are able to, present your hands to your captor with your fists side-by-side, palms downward and thumbs pressed together. Then, once they have cuffed yours hands together, you can twist both hands sideways (palms both facing inward) and will find that you have much more room to work with, and you may even be able to slip out of the cuffs altogether.
A sharp serrated edge may be able to saw through the material, if you can position your hands correctly from the beginning to afford yourself as much wiggle room as possible (see above). You can also use a length of paracord to create a friction saw. Keep your eyes open to the objects around you that can be used as tools.
Because zip ties operate with a ratchet mechanism, you can shim them in the same way you may shim standard metal cuffs that haven’t been double locked. A shim can be any small, flat object that you can fit into the ratchet mechanism between the locking bar and the tie itself- including the excess end of the zip tie. Inserting the shim separates the ratchet from the locking mechanism, allowing you to easily loosen your restraints.
For more escape tips, check out this overview of handcuff escape methods.
All About Disposable Restraints
As many of our loyal customers have pointed out to us, a handcuff key will be of little use if you find yourself tied up in disposable restraints. Read on to learn all about disposable restraints, the circumstances in which they are often used, and some tips for escaping unlawful detainment.
What are They?
A disposable restraint can be an extremely effective tactic, yet as simple as a single zip tie. Zip ties come in different units of “tensile strength”, which is the maximum stress they can withstand before failing. A standard nylon tie sold for the purpose of detainment (such as a Flex-Cuf) will likely have a tensile strength of anywhere between 300-600 pounds. (Cable ties sold at your local hardware store will be tough, but likely with a lower tensile strength.) These cuffs come in two types: a single length of cable that is wrapped around both wrists, or a set that looks more like traditional handcuffs with a separate loop and lock for each wrist. Zip ties function with the same ratchet mechanism as standard handcuffs, the difference being the absence of a lock and key.
Silverxxx / Wikimedia Commons / CC-BY-SA-3.0 / GFDL
Where Are They Used?
Disposable restraints are most often seen when law enforcement anticipates a high number of arrests that renders metal cuffs impractical, such as riots or demonstrations. They are cheap, lightweight, and easy to carry in bulk, which makes them ideal for detaining a large number of individuals at once. They can also be more easily attached to one another than metal cuffs, which allows an officer to easily contain a group of detainees if working alone. Zip ties are also a common restraint of choice for those with more sinister motives, for the same practical purposes: cheap, quick to use, and lightweight, not to mention easily concealable.
helloturkeytoe / CC BY 2.0
Should you find yourself unlawfully restrained with plastic cuffs, rest assured that with a little practice and resourcefulness, there are several ways to escape them. The effectiveness of these tactics will depend on the material type and thickness as well as the positioning of your hands and what tools you have at your disposal.
-Brute force: by tightening the cuffs as much as possible and then bringing them down hard against your body, it is possible to snap the cuffs.
-Melting: a flame or cigarette lighter may be able to melt the plastic, weakening it enough for you to pull the cuffs apart (preferably before burning yourself).
-Sawing: a sharp serrated edge may be able to saw through the material, if you can position your hands correctly or rub them against the tool.
-Shimming: because zip ties operate with a ratchet mechanism, you can shim them in the same way you may shim standard metal cuffs that haven’t been double locked.
Check back next month for a more in-depth study of disposable restraint escape methods.
If you are familiar with today’s standard-issue handcuffs, you know that most models, even across different brands, can be opened with a universal key. A universal handcuff key at first seems like a very counter-intuitive concept, placing law enforcement at a tactical disadvantage. But consider which scenario is really of a greater disadvantage- one in which the cuffs being used to secure a suspect can be opened by a universal key, or one in which the cuffs can only be opened by a single unique key, easily misplaced or lost?
Universal handcuff keys have a simple barrel shape, popularized in 1932 by Peerless Handcuff Co. with the introduction of an updated cuff design. At the end of the barrel is a single small tooth, which is turned to disengage the lock mechanism. The simplicity of the design is intentional: the hassle of requiring a different unique key for every single pair of handcuffs used would slow down the process unnecessarily; a suspect may enter the custody of many different officers from initial detainment, to prisoner transport, to the moment when the cuffs are removed. A universal key allows for a much more seamless transition that ultimately works in the favor of all involved, including the suspect.
Naturally a universal locking mechanism can present the potential for unlawful escape attempts. Law enforcement works to prevent this from happening in a variety of ways- among them are thorough searches of the suspect, proper handcuff positioning to make it more difficult to tamper with the cuffs, and employing the double lock. There is a secondary advantage to the uniformity of handcuff keys, however, and that is the ability to escape should you become wrongfully detained. With its unprecedented ease of concealment, a covert handcuff key is the perfect solution for such a scenario.
As quick and simple as it is to secure most modern cuffs on an individual (with a pair of swing cuffs it can easily be done with one hand), there is quite a bit of technique that law enforcement officers must learn in order to place handcuffs most efficiently. The primary goal of cuffing a suspect is to restrain their hands (at the very least) so that they can be dealt with lawfully. Quality cuffs placed in just about any position will effectively provide some level of restraint, but an LEO must also consider the possibility that the suspect may try to escape, and cuff them accordingly without an extreme degree of discomfort for the suspect.
Handcuffs placed in front make it much easier for a suspect to attempt to pick the lock, open them with a universal handcuff key or even use their hands and arms as a weapon. An officer’s first line of defense, then, is to cuff the hands behind the back. Police recruits are typically taught to apply cuffs so that the palms of the suspects’ hands, already behind their back, face outwards with the thumbs up. This makes it more difficult for the hands and fingers to work together to pick or otherwise escape from the cuffs.
A concern, however, of this standard of hand placement is the possibility of handcuff neuropathy. Handcuff neuropathy is the occurrence of numbing, tingling, burning, or pain sensations in the suspects’ hands as a result of nerve compression from the cuffs. Handcuff neuropathy occurs in varying degrees, but if severe enough can be rather debilitating and long-lasting. One way officers may choose to lessen this possibility is by placing the palms together (still behind the back). This somewhat increases the ease with which the suspect may tamper with the lock, so the officer will likely also position the cuffs with the keyholes facing up and away from the hands. This makes the cuffs more difficult to open, even with a covert handcuff key.
A particularly motivated individual may attempt to slip their hands over their feet and legs in order to bring their hands to the front and into a better position to tamper with the cuffs. If this is a concern, a law enforcement official may choose to secure the cuffs, via zip ties or a carabiner clip, to the back of the suspects’ belt or belt loop. Belly chains are another option, often used when transporting high-security prisoners.
It’s impossible to trace back through history to the very first appearance of handcuff-like restraints. After all, as long as humankind has been around there has been the necessity to restrain some less-than-savory characters. Before metal handcuffs, of course, people used rope and animal hide and presumably any other strong material that would get the job done.
The first recorded mention of handcuffs appears in Virgil’s telling of the myth of Proteus, an ancient Greek shape-shifting god. According to the myth, Proteus possessed the gift of prophecy, and men desired to learn from him. But any time a human would approach and request that Proteus share his knowledge, he would shift his shape and escape. Finally Aristaeus, son of Apollo, particularly motivated by the desire to learn why his bees were dying of disease, learned (and utilized) the secret to preventing Proteus from shape shifting and escaping: handcuffs.
The first metal handcuffs as we may recognize them today came into existence with the Bronze and Iron ages, and were “one size fits all” for centuries. This lack of adjustability according to wrist size posed a serious problem: if a suspect’s wrists were too large then the cuffs were painful or simply wouldn’t close; too small and the detainee could slip right out of them. Finally, in 1862, W.V. Adams patented the first adjustable ratchet design. Orson C. Phelps followed a few years later with a patent that improved upon the original ratchet design, and beginning in 1865, John Tower (of the once industry-dominating Tower Handcuffs) used Adams’ and Phelps’ patents to manufacture what were until World War II the industry standard.
There were still problems to overcome, particularly the ease with which a suspect could shim or otherwise tamper with the lock. In 1879, Tower Handcuffs introduced the first double-locking cuff design, which effectively solved this problem by preventing the handcuffs from being ratcheted tighter, a common tactic used when shimming and otherwise attempting escape from handcuffs.
Handcuffs came closer still to the standard that we see today in 1912, when George Carney invented the first swing cuff. This design was revolutionary, as it made it possible for a law enforcement officer to quickly secure the cuffs with just one hand, greatly improving security and ease of use. The Peerless Handcuff Company, still the largest manufacturer of handcuffs today, began selling these swing cuffs, and with the exception of brand variances and small changes, the design of today’s industry standard has remained much the same. TIHK works on most Peerless-style cuffs, and has been reported to work on many other brands as well!
Take a moment to visualize a modern pair of handcuffs. In your mind’s eye, you likely see a pair of metal ratcheted cuffs attached by a short chain. Peerless Handcuff Company began manufacturing the exact cuffs that you are likely picturing in 1914, and to this day continues to lead the industry in handcuff manufacturing.
Handcuffs were revolutionized in 1912, when inventor George Carney patented the swing cuff design. Swing cuffs feature a freely swinging ratchet arm that allows law enforcement to secure the cuffs with just one hand. This was a game-changer, as officers could now cuff suspects with greatly improved speed, agility, and safety. James Milton Gill quickly purchased the patent and founded the Peerless Handcuff Company, and in 1914 began selling the first design based on Carney’s patent. The quick popularity of the swing cuff led to the obsolescence of most other designs.
Ever since, Peerless has been innovating and improving upon the standard cuff design. Along with a thinner cuff, the recognizable barrel-style key was introduced by Peerless in 1932, becoming the industry standard for universal handcuff keys. By 1978 Peerless had sold 1 million cuffs (6 million, as of 2011).
The TIHK is designed to work with most Peerless-style cuffs. When Carney’s original patent expired, nearly every other handcuff company copied the Peerless cuff design, which means there is a very wide variety of brands and styles that TIHK is likely to fit. Order now and never be caught unprepared!
Have you ever locked yourself out of your car, and in those helpless moments before you call the locksmith, you imagine how much easier (and cheaper) the whole situation would be if you knew how to pick a car door lock? It’s a skill you probably imagined you would never need…until that moment. Similarly, the ability to pick a handcuff lock is one that may come in handy when you least expect it; anyone can legally purchase and carry handcuffs, therefore everyone should have knowledge of how to escape should they be unlawfully restrained.
Picking a handcuff lock, while requiring practice and the right circumstances, is simple in theory. Most handcuffs can be unlocked with a single universal key. The reason for this is ease and speed of use for law enforcement officers- imagine the difficulty if every single pair of handcuffs required a unique key! Because most types of cuffs can be unlocked with the same key, they can also be picked in much the same way. All you need is a length of wire, about the circumference of a paperclip or bobby pin, and patience.
One thing to note is that this method is much easier if your hands are in front of you, and you can see what you are doing. It may be necessary to maneuver your hands around your legs into a better position if they have been cuffed behind you. If you are using a bobby pin, straighten it and remove the rubber cap on the end. This is much easier to do with pliers, so it isn’t a bad idea to prepare a bobby pin in advance and keep it on your person. If using a paperclip, straighten it.
Bend the end into roughly a 90 degree angle- the easiest way to do this is by inserting the pin or clip halfway into the upper portion of the lock and bending it. This will allow you to maneuver the wire into the lock and apply tension in the appropriate place.
The next step will require the most practice to become proficient: insert the newly-bent pick into the upper portion of the lock, the curved portion of the pick heading toward the center of the cuffs (this may take a bit of wiggling, as the pick needs to bypass the lip of the lock.)
Then apply enough tension, mimicking the key pressing against the lock mechanism, to release the lock.
Double locks make handcuffs significantly more difficult to pick. In order to disengage double locked handcuffs, insert the pick into the upper portion of the lock as you would with a single-locked cuff, but face the curved portion in the opposite direction. Maneuvering the pick into the right location will require some practice. Once again apply tension to mimic the key disengaging the lock- a double lock may require significantly more force. Once this lock has been disengaged, you will need to remove your pick and re-insert it in the opposite direction to pick the single lock.
If you like to be prepared, you will want to supplement your newfound lock-picking knowledge with a useful tool like the Tiny Inconspicuous Handcuff Key, which removes the guesswork of a length of wire and is even easier to conceal!
Last Updated: October 10, 2017
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Upon any termination, discontinuation or cancellation of Services to you, all provisions of these Terms which by their nature should survive will survive, including, without limitation indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.
You agree to defend, indemnify and hold harmless TIHK, or its officers, directors, employees agents, suppliers and partners, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: a) your use of and access to the Services; b) your violation of these Terms; or c) your violation of any third party right, including without limitation any copyright, property, moral or privacy right. This section shall survive these Terms and your use and termination of the Services.
THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
NEITHER TIHK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, PRODUCTS OR TIHK CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLASSPOP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL TIHK’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO TIHK FOR USE OF THE SERVICES OR TIHK CONTENT OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TIHK, AS APPLICABLE.
TIHK is in no way responsible or to be held liable for any claims, including for physical, bodily or financial injury, arising out of your use of TIHK product(s) on the whole, and your use of TIHK product(s) in your state, and you are subject to the additional terms and policies of each applicable private venue, local, state and federal laws as applicable.
We prefer to resolve things amiably when possible therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Start by notifying us of your dispute by sending a notice via our contact form.
These Terms, and any future updates we make, constitute the entire and exclusive understanding and agreement between you and TIHK. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. If we provide certain notices or other communications to you, we will place the information on the Site.
TIHK’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative TIHK. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Questions & contact information
If you have any questions regarding these Terms, please contact us.