Terms & Conditions
Welcome to Shock Surplus!
These terms and conditions govern your use of Shock Surplus's Website, located at https://www.shocksurplus.com (the “Website”).
By accessing this website, you acknowledge that you have read and consented to these terms and conditions. Do not continue to use this website if you do not accept the terms and conditions as stated on this page.
These terms and conditions constitute the entire legal agreement between you and Shock Surplus and replace any prior agreements between you and Shock Surplus as it relates to these terms and conditions.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company, Shock Surplus. "Party", "Parties", or "Us", refers to both the Client and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
By accessing and using this website, you hereby consent to the use of cookies as provided in Shock Surplus's Privacy Policy.
License
Unless otherwise stated, Shock Surplus and/or its licensors own the intellectual property rights for all material on Shock Surplus. All intellectual property rights are reserved. You may access this from Shock Surplus for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from Shock Surplus
- Sell, rent or sub-license material from Shock Surplus
- Reproduce, duplicate or copy material from Shock Surplus
- Redistribute content from Shock Surplus
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Shock Surplus does not filter, edit, publish or review comments prior to their presence on the website. Comments do not reflect the views and opinions of Shock Surplus, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Shock Surplus shall not be liable for the comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this website.
Shock Surplus reserves the right to monitor all comments and to remove any comments which may be considered inappropriate or offensive or may cause any breach of these Terms and Conditions.
By posting any comment on the website, you hereby warrant and represent that:
- You are entitled to post the comments on our website and have all necessary licenses and consents to do so;
- The comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Shock Surplus a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Shock Surplus; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site. If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Shock Surplus. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
No use of Shock Surplus's logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that arise from or on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Your Privacy
Please read Privacy Policy.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any time. We will consider such request to remove the link but we are not obligated to do so or to respond to you directly.
Disclaimer & Limitation of Liability
To the maximum extent permitted by applicable law, all the content, material, information, products and services provided on the website are provided on an “as-is” and “as-available” basis. Shock Surplus expressly disclaims all representations and warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and noninfringement to the fullest extent permitted by applicable law. Shock Surplus makes no representations or warranties regarding the accuracy, suitability, currency, timeliness, reliability or completeness of the content on this website or content of any website which may be linked from this website. Shock Surplus is not responsible for any damage or harm caused by improper use or installation by client of any products on this website or any action or inaction client takes based in whole or in part on any information provided on this website. As such, you agree to hold harmless and defend Shock Surplus and its officers, directors and employees, against liability for any and all use of this website, including but not limited to contract, tort, and strict liability that may result in special, consequential, punitive or incidental damages, arising out of the use of this website.
In no event shall Shock Surplus’s total liability to you from any and all damages, losses and causes of action (whether in contract, tort, or otherwise) exceed the amount you paid to Shock Surplus.
Choice of Law
You agree that all matters relating to your use or access of this website, including any and all disputes, will exclusively be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to jurisdiction or venue. Any claims relating to these Terms and, including but not limited to, any sales or services by the company, must be brought within two (2) months after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses. In the event of any controversy or dispute between Shock Surplus and you arising out of or in connection with your use of the website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law, subject to these terms and conditions.
Disputes in General
Should any dispute arise out of any use of this website or any transaction between client and Shock Surplus, each Party hereby agrees to bear its own expenses, including, but not limited to, any attorneys’ fees, incurred in connection with such dispute.
Attorneys’ Fees and Costs
If either Party brings any legal action, including arbitration, for enforcement, interpretation, or applicability of these Terms and Conditions or any rights hereunder, the non-prevailing party hereby agrees to reimburse the prevailing party for any reasonable expenses of attorneys’ fees and costs incurred therein by the prevailing party, including, but not limited to, any such costs and fees incurred on any appeal from such action or proceeding.
We reserve the right to make changes to this website, including terms and conditions on this page at any time.