uroshock.com TERMS AND CONDITIONS OF USE
Welcome to the website of uroshock.com, (“Uroshock”) located at www. uroshock.com, including all of its subdomains and subparts (collectively, “our website”). PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (collectively with any amendments, “TERMS AND CONDITIONS”) BEFORE PLACING AN ORDER OR USING THIS WEBSITE.
THIS WEBSITE IS OWNED AND OPERATED BY UP, LLC (“UP”, “UROSHOCK”, “US”, “WE” or “OUR”). THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION OR HAVE A JURY DECIDE YOUR DISPUTE.
BY USING THIS WEBSITE AND/OR PLACING AN ORDER FOR UP’S PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS, AND AGREE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, LEGALLY ELIGIBLE TO USE THIS SITE AND LEGALLY CAPABLE OF PLACING AN ORDER FOR UP’S PRODUCTS AND SERVICES.
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO HAVE ALL DISPUTES RELATING TO YOUR USE OF THIS WEBSITE AND UP’S PRODUCTS OR SERVICES DECIDED BY AN ARBITRATOR. BY AGREEING TO ARBITRATION, THE PARTIES UNDERSTAND AND AGREE THAT THEY ARE WAIVING THEIR RIGHT TO FILE A LAWSUIT IN COURT TO RESOLVE THEIR DISPUTES.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE UP’S PRODUCTS OR SERVICES.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of our website after any such changes constitutes your acceptance of the new terms and conditions. Any updates or amendments will be posted on our website. The Terms and Conditions displayed on our website at the time an order is accepted will apply to the order.
These Terms and Conditions govern and apply to your access to and use of our website, any order you place through our website, and all products and services we supply, produce, distribute, or market.
To the extent of any express inconsistency with any other agreement you may have with UP for products, services, or otherwise, that other agreement will prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms will apply therein as well, if you are a user of our website.
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• User Conduct
You must only use our website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of our website. You may not, without our prior written consent: (a) copy, reproduce, use, or otherwise deal with any content on our website; (b) modify, distribute, or re-post any content on our website for any purpose; or (c) use the content of our website for any commercial exploitation whatsoever.
In using our website, you further agree not to (a) disrupt or interfere with the security of, or otherwise abuse, our website or any services, system resources, accounts, servers, or networks connected to or accessible through our website, or affiliated or linked sites; (b) disrupt or interfere with any other user’s enjoyment of our website, or affiliated or linked Web sites; (c) upload, post, or otherwise transmit through or on our website any viruses or other harmful, disruptive, or destructive files; (d) use, frame, or utilize framing techniques to enclose any Uroshock trademark, logo, or other proprietary information (including the images found at our website, the content of any text, or the layout/design of any page or form contained on a page) without Uroshock’s express written consent; (e) use meta tags or any other “hidden text” utilizing a Uroshock name, trademark, or product name without Uroshock’s express written consent; (f) deep link to our website without Uroshock’s express written consent; (g) create or use a false identity on our website, share your account information, or allow any person besides yourself to use your account to access our website; (h) collect or store personal data about others; (i) attempt to obtain unauthorized access to our website or portions of it that are restricted from general access; and (j) post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Uroshock.
In addition, you agree you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on our website and our products. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website, or the misuse of our products. We have the right to remove any material or posting you make on our website if, in our sole opinion, such material does not comply with the content standards set out in these Terms and Conditions.
• Privacy Policy and Cookies Policy
Visitors to our website should refer to UP’s Privacy Policy and Cookies Policy for information about how Uroshock uses and collects information, which may be accessed by clicking on the appropriate link on our website. You agree that Uroshock may collect, use, retain, and disclose your personally identifiable information as described in the Privacy Policy and Cookies Policy.
• Content Uploaded to Our Website
In the event you upload any photographs, comments, video clips, or other media to our website (the “Uploaded Content”), Uroshock has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of our business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or our website, in perpetuity throughout the world, as Uroshock in its sole discretion sees fit and without further consent or payment. Uroshock has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Uroshock has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Uroshock may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Uroshock’s sole discretion. Uroshock is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions, or respond to any comments posted by you. If requested, at our expense, you will execute any document necessary to confirm your transfer of ownership of Uploaded Content to us.
Users of our website must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.
Users posting Uploaded Content via a user profile must treat their login credentials and password confidentially and ensure that they are not shared with any third party that might jeopardize the security of their account.
• Changes to Our Website
Uroshock may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of our website or any products available through or outside of our website, temporarily or permanently, including the availability of any features of our website or access to any parts of our website, at any time without notice to you, and you agree that Uroshock will not be liable therefor.
• Linked Sites
Uroshock makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlinks from our website, or sites linking to our website. The linked sites are not under the control of Uroshock, and Uroshock is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Uroshock of the site or any information contained therein. When leaving our website, you should be aware that Uroshock’s Terms and Conditions, Privacy Policy, Cookies Policy, and our other policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
• Copyright and Trademarks
All of our website’s materials, including, without limitation, all Uroshock product logos, design, text, graphics, software, other files, and the selection and arrangement thereof, and including but not limited to the Uroshock name and marks (the “Content”) are Copyright© UROSHOCK ALL RIGHTS RESERVED. Unless expressly stated otherwise, Uroshock retains other proprietary rights in all products available through our website. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Uroshock or the respective copyright owner. You may not, without the express written permission of UP or the respective copyright owner (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of our website, its content, services, or products obtained through our website; (b) collect or use any product listings or descriptions; (c) make derivative uses of our website or its Content; or (d) use any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Uroshock or any third party.
Together with other logos and product names described on our website, the following includes a partial list of trademarks or registered trademarks of Uroshock in the United States or other countries: Uroshock®. These and all other Uroshock trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Uroshock or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Uroshock, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Uroshock. Other names and brands on the website may be claimed as the property of others.
• Copyright Policy and Copyright Agent
It is Uroshock’s policy to respect the copyright and intellectual property rights of others. Uroshock may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, Uroshock may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Uroshock complies with the Digital Millennium Copyright Act.
If you believe Uroshock or any user of our website has infringed your copyright in any material way, please notify Uroshock, and provide the following:
an identification of the intellectual property right claimed to have been infringed;
an identification of the material you claim is infringing so that we may locate it on our website;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law;
a statement by you that the above information in your notice is accurate, made under penalty of perjury; and
that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by email to support@uroshock.com, or at Uroshock, 675 S Green Valley Parkway #1119, Henderson, NV 89052.
• Product Information and Disclaimers
The utilization of low-power shockwave treatment and natural supplements are not FDA endorsed to treat erectile dysfunction The statements on our website and the materials and supplements distributed or sold by Uroshock have not been evaluated by the Food and Drug Administration. The products and services offered by Uroshock are not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have any medical condition we suggest consulting with a physician before using any of our products. Results of use of the products are not typical and not everyone will experience results.
We provide information on this website for informational purposes only. It is not meant as a substitute for the advice of a doctor or other health care professional. You should not use the information available on or through the website for diagnosing or treating a medical condition. If you have a medical condition, see a doctor. Read all product instructions before use and completely follow all product instructions.
Any offer for any product or service made on this site is void where prohibited.
For questions about the products or services on our website, please use the Customer Service links found on each product page or section. For questions about orders placed through our website or otherwise, please use the Customer Service link in the email receipt you receive or by filling out the Contact Us form found on the website.
• Product and Service Descriptions
We have taken reasonable precautions to try to ensure that all product descriptions, prices, and other information shown on our website are correct and fairly described. However, when ordering products or services through our website, please note that Uroshock reserves the right not to accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect. All prices are displayed in United States Dollars unless expressly indicated otherwise. Packaging may vary from that shown on our website. Any weights, dimensions, and capacities shown on our website are approximate only. All items are subject to availability and we will inform you as soon as reasonably possible if the product(s) you have ordered is not available.
Please also note that the terms of any products offered by Uroshock and/or purchased by you, such as pricing, specifications, delivery times, and/or package contents are subject to change by Uroshock by providing you advanced notice, including by posting notice of the change on our website or sending you an email to the address you provided at purchase.
• Money Back Guaranty – APPLICABLE TO ALL ORDERS
If you purchased one of products, your purchase comes with an unconditional sixty (60) day money back guarantee. If you are unsatisfied with your purchase for any reason, simply call Customer Service at 833-876-7462 within sixty (60) days of your purchase and obtain a refund. You will need to return any opened or unopened supplement bottles in accordance with our return policy set forth in Section 15, below. No returns will be accepted without a Return Authorization Number.
• Order and Payment Information
By placing your order of Uroshock PV-13 you will be charged the total price of $39.95 ($39.95) today and your product will be shipped immediately. Shipment via USPS typically takes 3-5 business days. This purchase will appear on your credit card statement as “Uroshock”.
If you use our website or other means to purchase a product, payment must be received by Uroshock prior to Uroshock’s acceptance of an order, unless otherwise agreed in advance by Uroshock. All Uroshock products are subject to sales/use taxes which we will collect and remit. Uroshock may need to verify information you provide before Uroshock accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Uroshock will refund you any payment made for the product that will not be shipped due to cancellation or limitation in the same tender as the original purchase. Uroshock expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering products through our website or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Uroshock is registered to you. Uroshock will have the right to bar your access to and use of our website if it has reasonable grounds to believe you have provided untrue, inaccurate, not current, or incomplete information to Uroshock, or for any other reason Uroshock, in its sole discretion, deems appropriate. You agree that your placement of an electronic order on our website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Uroshock reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Unauthorized resale of the gift pack or of Uroshock is strictly prohibited.
Uroshock reserves the right, but undertakes no obligation, to report and prosecute actual and suspected credit card fraud, or any other fraud on the company. We may, in our discretion, require further authorization from you for any order placed or shipment, including through telephone, email or other confirmation. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order.
Uroshock may reject orders where the stated delivery address is outside the United States. If stated, Uroshock will add applicable shipping and handling fees.
Uroshock’s descriptions of, or references to, products not owned by Uroshock on and outside of our website do not imply endorsement of that product, or constitute a warranty, by Uroshock.
The descriptor on your credit card statement will show uroshock.com.
• International Orders
Uroshock does not directly sell products in any jurisdiction other than the United States of America. While Uroshock may choose to accept orders for the purchase of its products from non-residents of the United States, the acceptance of such orders and the sale of such products will only be based on the following conditions precedent:
You agree that the purchase of any Uroshock products by you, as a non-resident of the United States, will be (a) ex works Uroshock’s facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States, and (b) for your own personal use only and not for further resale or distribution in any manner.
You hereby expressly authorize and direct Uroshock to load and ship the purchased products to you to your designated ship to destination, and to contract on your behalf with a common carrier or courier company for that purpose.
You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties, and import requirements from Uroshock’s facilities in the United States to your foreign ship to destination.
The United Nations Convention on the International Sale of Goods will not apply to any purchase or sale, and Uroshock expressly opts out of such application.
• Shipping
All orders are processed and shipped on business days only, Monday through Friday, excluding major holidays. Orders placed on Saturday and Sunday will be processed on the following business day. Although Uroshock may provide delivery or shipment timeframes or dates, you understand that those are Uroshock’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. Uroshock will not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
Shipping and handling charges will apply as disclosed on our website. Shipping and handling charges are subject to change. Freight charges for orders shipped outside the United States will be based on actual postage rates.
• Returns
Uroshock will accept returns of unopened product in its original packaging within sixty (60)days of purchase. To return a product, you must call Customer Service at 833-876-7462 within sixty(60)days of your purchase and obtain a Return Authorization Number. No returns will be accepted without a Return Authorization Number. You must ship your return to us within seven (7) days of your receipt of your Return Authorization Number. Be sure to clearly write the Return Authorization Number on the outside of the box. We DO NOT accept any returns without a valid Return Authorization Number written on the outside of the box. We do not pay shipping for returns.
Returned merchandise should be sent to:
Uroshock, 675 S Green Valley Parkway #1119
Henderson, NV. 89052
We will not accept or issue a refund for any packages marked return to sender or refused. Upon receipt of your returned product with a valid Return Authorization Number, we will issue a refund to your credit card or other form of payment for the full purchase price, including shipping and handling and applicable tax. Please allow one or two billing cycles for the return to be posted to your account, depending on your financial institution.
• Disclaimer of Warranties – Website and Products
ALTHOUGH UROSHOCK STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, UROSHOCK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT OUR WEBSITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, UROSHOCK DOES NOT WARRANT THAT ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
UROSHOCK DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH OUR WEBSITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, UROSHOCK DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UROSHOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING PRODUCTS PURCHASED THROUGH THE WEBSITE OR OTHERWISE PURCHASED FROM UROSHOCK, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
The terms of this section apply to the extent permitted by law and survive any termination of these Terms and Conditions.
• Limitations on Liability – Website and Products
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL UROSHOCK OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH (A) OUR WEBSITE; (B) THE USE OR INABILITY TO USE OUR WEBSITE; (C) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON OUR WEBSITE; (D) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH OUR WEBSITE OR OTHERWISE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (F) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (G) OTHERWISE UNDER THESE TERMS AND CONDITIONS, THE PRIVACY POLICY, OR COOKIES POLICY, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF ARGAGENIX OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL UROSHOCK’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID TO UROSHOCK FOR ANY PRODUCTS SUPPLIED BY ARGAGENIX THROUGH YOUR USE OF OUR WEBSITE OR OTHERWISE.
UROSHOCK WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
IF ANY PROVISION OR PART-PROVISION OF THIS SECTION 17 IS DECLARED INVALID, UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, IT WILL BE DEEMED SEVERABLE AND WILL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THIS TERMS AND CONDITIONS.
THIS LIABILITY LIMITATION PROVISION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The terms of this section survive any termination of the Terms and Conditions.
NOTICE TO NEW JERSEY RESIDENTS: If you are a consumer residing in New Jersey, this Section 17 limitation of liability section does not apply to you.
• International Users
Our website is controlled, operated, and administered by Uroshock from its offices in Nevada, United States of America. Uroshock makes no representation that materials on our website are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through our website are illegal is prohibited. You may not use our website or export the Content or products in violation of United States export laws and regulations. If you access our website from a location outside of the United States, you are responsible for compliance with all local laws.
• Indemnification
You agree to indemnify and hold harmless UP, its parents, subsidiaries, shareholders, members, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) resulting from or in any way connected to your use of our website, your use of our products, your violation of these Terms and Conditions, or your violation of any rights of a third party.
NOTICE TO NEW JERSEY RESIDENTS: If you are a consumer residing in New Jersey, this Section 19 does not require you to indemnify anyone for our negligence or fraud.
• Termination
Notwithstanding any of these Terms and Conditions, Uroshock reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use our website and to block and prevent future access to and use of our website. You agree that Uroshock will not be liable for any termination of your use of or access to our website. In the event we terminate your access to our website, we may, in our sole discretion, cancel any outstanding orders or shipments under any automatic renewal purchase, with our liability limited to a refund of the prepaid purchase price in the event of cancellation of an order or shipment based on our termination of your right of access to our website.
• Third-party rights
Only you and Uroshock will be entitled to enforce these Terms and Conditions. No third party will be entitled to enforce any of these Terms and Conditions, except as provided in this section. If UP assigns, transfers, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party in writing, such third party may enforce those Terms and Conditions that are assigned, transferred, or sub-contracted.
• Severability
If any part of these Terms and Conditions is deemed invalid, unlawful, void, or for any reason unenforceable, then that part will be severable from the rest of these Terms and Conditions and will not affect the validity and enforceability of any remaining part or provision in these Terms and Conditions.
The terms of this section survive any termination of the Terms and Conditions.
• Governing Law
These Terms and Conditions, the Privacy Policy, and the Cookies Policy shall be governed and construed in accordance with internal law of the State of Nevada, without regard to any conflict of law rules.
• Language
It is the express intent of the parties that these Terms and Conditions and all related documents have been drawn up in English. Interpretation of these Terms and Conditions, the Privacy Policy, Cookies Policy and all related documents shall be governed by their original English language versions.
• DISPUTES, CONFIDENTIAL AND BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
Disputes. The terms of this section will apply to all Disputes between you and UP. For purposes of this section, “Dispute” means any dispute, claim, or action between you and UP arising under or relating to our products, products sold by us, our website, these Terms and Conditions, our Privacy Policy, our Cookies Policy, or any other transaction involving you and UP, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and will be interpreted to have given the broadest meaning allowable under law. YOU AND UP AGREE THAT “DISPUTE” AS DEFINED IN THIS TERMS AND CONDITIONS WILL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR UP FOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT OR MISUSE, AND (D) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in this Terms and Conditions, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
Confidential and Binding Arbitration. You and UP further agree to confidential and binding arbitration of all Disputes between the parties pursuant to this provisions. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. You and UP further agree that (a) this Terms and Conditions memorializes a transaction in interstate commerce; and (b) the Federal Arbitration Act (9 U.S.C. §§1, et seq.) governs the interpretation and enforcement of this section; and (c) this section will survive termination of this Terms and Conditions. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator will be final and enforceable by any court with jurisdiction over the parties.
Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court. UP does not hereby waive any defense and expressly reserves its right to assert any defense available to it in any such action, whether jurisdictional or otherwise.
Dispute Notice. In the event of a Dispute, you or UP must first send to the other party a notice of the Dispute that includes a written statement that sets forth the name, address, and contact information of the party giving notice, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to UP must be addressed to: Uroshock, 675 S Green Valley Parkway #1119
Henderson, NV 89052 Attn: Support . The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Uroshock and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Uroshock may commence an arbitration proceeding pursuant to this section or you may file an individual suit in small claims court. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration or your filing suit in small claims court.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND UP AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE CONFIDENTIAL ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR WILL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
Confidential Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be governed by the Expedited Arbitration Procedures of JAMS, Inc. in effect at the time the arbitration is initiated (the “JAMS Procedures”), available at www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this section. The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only. If there is a conflict between the JAMS Procedures and the rules set forth in this section, the rules set forth in this section will govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes will be resolved by a single neutral JAMS arbitrator, and both parties will have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this section. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is for (a) trade secret misappropriation; (b) patent infringement; (c) copyright infringement or misuse; or (d) trademark infringement or dilution, each of which is excluded from the definition of “Dispute”” as stated above. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone will take place in a location reasonably accessible from your primary residence, or in Clark County, Nevada, at your option.
Initiation of Confidential Arbitration Proceeding. If either you or UP decide to arbitrate a Dispute, the parties agree to the following procedure:
Write a Demand for Arbitration. The Demand must briefly explain the dispute, state the amount of money sought and identify any other remedies desired, contain the names and addresses of the claimant and respondent, and, if known, the names of any their representatives, and it must state the requested location for the hearing if an in-person hearing is requested.
Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to: JAMS 3800 Howard Hughes Parkway 11th Floor Las Vegas, NV 89169
Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to in advance by the parties.
Hearing Format. In all hearings, the arbitrator will issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. The discovery or exchange of non-privileged information relevant to the Dispute will be governed by the JAMS Optional Expedited Arbitration Procedures.
Arbitration Fees. UP will pay, or (if applicable) reimburse, you for all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by you or UP) pursuant to provisions of this section, unless the arbitrator determines that you initiated the arbitration in bad faith. If the arbitrator determines that you initiated the arbitration in bad faith, the arbitrator may order you to pay all or any portion of the arbitrator’s fees and costs.
Opt-out. You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to the UP Notice Address within thirty (30) days of your first visit to and use of the website that specifies your (a) name; (b) mailing address; and (c) request to be excluded from the confidential and binding individual arbitration procedure and waiver of class and representative proceedings specified in this section. In the event you opt-out, consistent with the procedure set forth above, all other provisions in this Terms and Conditions will continue to apply, including the requirement to provide notice prior to initiating any individual arbitration, small claims, or other lawsuit.
Amendments to this section. Notwithstanding any provision in this section to the contrary, you and UP agree that if UP makes any future amendments to the dispute resolution procedure and class action waiver provisions in this section (other than a change to the parties’ addresses), UP will post notice of such amendments on the website and you will have thirty (30) days from your first visit to or use of the website containing such amendments to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you agree you will arbitrate any Dispute between us in accordance with the language of this section as stated in this current section, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to such future amendments.
Severability. If any provision in this section is found to be unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect. The foregoing will not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire section will be null and void and the parties can pursue any recovery in any appropriate court of law. The terms of this section will otherwise survive any termination of these Terms and Conditions.
• Exclusive Venue for Judicial Controversies
Uroshock and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in these Terms and Conditions (other than an individual action filed in small claims court) will be filed only in the Justice or District Courts of Clark County, Nevada, or the United States District Court for the District of Nevada, and each party hereby irrevocably and unconditionally consents and submits to the exclusive personal and subject matter jurisdiction of such courts for any such controversy. Any arbitration award may be enforced in any court of competent jurisdiction. The parties may pursue collection of any judgment in any court of competent jurisdiction.
• General
These Terms and Conditions and Uroshock’s Privacy Policy and Cookie Policy constitute the entire agreement between Uroshock and you with respect to your use of our website, your purchase of products through our website, and, as applicable, any products of Uroshock. Any cause of action you may have with respect to our website or Uroshock’s products must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. The section titles used in these Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Uroshock, and you do not have any authority to create any obligation or make any representation on Uroshock’s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without UP’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Uroshock and their respective successors and assigns.
The terms of this section survive any termination of these Terms and Conditions.
• Other important terms
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions will operate as waiver of that right or remedy or will affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed to by us in writing.
Billing Description: all charges will show up from uroshock.com on your card statements. Any Questions contact us below.
• Contact Us
You may contact us about these terms and conditions at:
uroshock.com
675 S Green Valley Parkway #1119
Henderson, NV. 89052
Email us at uroshockusa@gmail.com
Call us at:
833-876-7462
Last updated and effective8/8/22
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