SHOC Terms and Conditions
Use of This Site Constitutes Acceptance of these terms and Conditions. These Terms and Conditions apply to the website SHOC.com, and the web pages, interactive features, applications, blogs, social networks, and other online or wireless offerings that post a link to these Terms and Conditions (collectively, the “Site”). Please carefully read the following because, by using this Site, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Site. We reserve the right, at any time, to modify, alter or update these Terms and Conditions, and you agree to be bound by such modifications, alterations or updates.
All materials, including illustrations, photographs, product, images, artwork, designs, text graphics, logos, button icons, images, audio clips and software (collectively, “Content”) appearing on this Site are owned or controlled by SHOC Sports Helmets Optical Conversions Pty Ltd. and/or its subsidiaries, affiliates and content suppliers (collectively, “SHOC”) and are protected by worldwide trademark, trade dress, and copyright laws. The Content of this Site and the Site are intended solely for personal, noncommercial (other than for the purchase of merchandise) use by the users of this Site. You may not download Content from this Site, or otherwise modify, obscure, or delete any copyright or other propriety notices on this Site. No right, title or interest in any materials or software, if applicable, on this Site is transferred to you from your use of this Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this Site, or any related software.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Site via automated means, including but not limited to, prices and images (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).
Ownership of Intellectual Property
All trademarks, service marks and trade names on this Site, including without limitation, the SHOC lightning logo, are proprietary to SHOC Sports Helmets Optical Conversions Pty Ltd. No use of these may be made without prior, written authorization of SHOC Sports Helmets Optical Conversions Pty Ltd. The products, logos, designs, advertisements and images described and/or displayed on this Site may be the subject of other intellectual property rights reserved by SHOC or other third parties. No license is granted with respect to these intellectual property rights.
SHOC cannot guarantee that the products and selections appearing on this Site will be available, either through this Site or at retail locations. All product descriptions, specifications, colors, and prices are subject to change by SHOC at any time without notice. Prices displayed on the Site are quoted in U.S. Dollars. The particular technical specifications and settings of your computer and its display of the colors of products offered on this Site may impact on your review or perception of the products.
Products offered for sale and services available on the Site are for personal use only, not for resale. We reserve the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe, in our sole discretion, would violate any of our business practices, applicable laws or policies.
Accuracy of Information
The information presented on this Site has been compiled by SHOC from internal and external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This Site may contain typographical errors, incomplete or out of date information, including but not limited to price information. SHOC reserves the right to make changes to the information in this Site, or to the services described therein, or update such information at any time without notice (including after you have submitted your order), but SHOC makes no commitment to correct or update this information. If any price information is inaccurate, SHOC reserves the right to void any purchases made in reliance on an inaccurate price.
THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN THIS SITE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS, VIDEO, AUDIO, AND HYPERLINKS, ARE PROVIDED, “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ANY NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT IN NO EVENT SHALL SHOC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, EVEN IF IT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.
You agree to defend, indemnify and hold SHOC harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of this Site, your access to, or inability to access this Site, or from your reliance upon any information contained in this Site.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to SHOC on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain SHOC’s property.
This Site may provide you with the opportunity to submit materials, information, data, photos, images, opinions, messages, notes, text, graphics, designs, or other content (“UGC”). By submitting UGC to this Site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to the UGC that you submit. If your UGC contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child’s parent or guardian to provide the photo, digital, or video image. If you submit UGC to this Site, you automatically grant us a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for SHOC to use that UGC for any lawful purpose, commercial, advertising, or otherwise, in any manner or media now or later developed, including, without limitation, the right to translate, display, reproduce, modify, create derivative works, distribute, assign, commercialize, and sub-license that UGC to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any UGC
SHOC is and shall be under no obligation (1) to maintain any UGC in confidence; (2) to pay any compensation for any UGC; or (3) to respond to any user UGC.
Links to Other Websites and Services
The Site may contain links to web sites other than our own. We do not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. The Site does not control the content of these sites and takes no responsibility for their content, nor should it be implied that SHOC endorses or otherwise recommends such sites or the products or services offered. Any concerns regarding any such sites or the products or services offered should be directed to the particular outside service or resource.
This Site is created and controlled by SHOC in the State of Victoria, Australia. If there is a dispute about our policies and procedures or your use of this Site, the laws of the State of Victoria, Australia, shall apply, without regard to any conflict of law provisions, and it shall be resolved exclusively by the state and federal courts sitting in Queensland, Australia.
For issues or questions related to the Site or these Terms and Conditions, please email us at customerservice@SHOC.com.