By using this website, you signify your consent to these terms of use in addition to any other law or regulation that applies to the website, the Internet, and/or the World Wide Web. If you do not agree to these terms of service and conditions of use, please do not use the website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these conditions at any time. Please check these conditions periodically for changes. Your continued use of the Shockya.com website (www.shockya.com) following the posting of such changes indicates your approval of the terms stated herein.
Copyrights
This website is owned and operated by Shockya.com. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, and software ("Content"), is owned by Shockya.com, its licensors, and/or its content providers. All elements of the Shockya.com website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Shockya.com, no portion or element of this website or its content may be copied or retransmitted via any means, and this website, its Content and all related rights shall remain the exclusive property of Shockya.com or its licensors unless otherwise expressly agreed.
Trademarks
All trademarks, service marks, and trade names of Shockya.com used are trademarks or registered trademarks of Shockya.com or its affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Shockya.com trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without prior written consent of Shockya.com. The use of Shockya.com trademarks on any other website or network computer environment is prohibited.
Shockya.com does not claim ownership to any of the trademarks of other companies whose material may lie within our domain. Those trademarks are reserved for those respective companies. All product names used are trademarks of the companies that produce them. Mention of their names should not be construed as a challenge to such status.
No Endorsement
You shall not use the name Shockya.com or any language, pictures or symbols which could, in the judgment of Shockya.com, imply Shockya.com endorsement in any written or oral advertising or presentation, brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
Third Party Links
This website contains hyperlinks to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by Shockya.com or any affiliation with, or endorsement by, the owner of the linked site. Shockya.com is not responsible for the contents or use of any linked site, or any consequence of making the link.
Disclaimer
THIS SITE IS PROVIDED BY Shockya.com ON AN "AS IS" BASIS. Shockya.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Shockya.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Shockya.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Indemnification
You agree to defend, indemnify and hold Shockya.com and any affiliate of Shockya.com or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorized users. Members of any membership area on any Shockya.com website are entirely responsible for maintaining the confidentiality of their password and account. Members are entirely responsible for any and all activities that occur under their account and agree to indemnify, defend, and hold harmless the providers for any liability or expense arising from such use or misuse. Members agree to immediately notify the providers of any unauthorized use of their account or any other breach of security known to them.
Limitation of Liability
IN NO EVENT SHALL Shockya.com OR ANY AFFILIATE OF Shockya.com OR INDIVIDUAL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE CONTENT THEREIN, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF Shockya.com OR AN AUTHORIZED Shockya.com REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Shockya.com TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Risk of Loss
All items purchased from Shockya.com (www.shockya.com) are made pursuant to a "free on board" shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Unless insurance is specifically requested at the time of purchase, items are not guaranteed once they have left the possession of Shockya.com.
Reasonable Grace
Neither Shockya.com nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure products, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Governing Law
This website is created and controlled by Shockya.com in the State of New Hampshire, U.S.A. These disclaimers, terms, and conditions of use are governed by the laws of the State of New Hampshire. By using this website, you consent to the exclusive jurisdiction and venue of courts in Rockingham County, New Hampshire, U.S.A. in all disputes arising out of or relating to the use of this website.
Each customer shall be solely responsible for all sales taxes, use taxes, or other taxes, on orders shipped to their state, province, country, or locale. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Failure by Shockya.com to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.
Additional Terms
Additional terms and conditions may apply to the purchase of product and other uses of this website, as described in those appropriate sections of the site. By using this website, you agree to such terms and conditions.
Entire Agreement
These terms and conditions are the entire agreement between the user and Shockya.com and supercedes any prior understandings or agreements (written or oral). |
