Terms of Use

Terms and Conditions

Thank you for visiting and using the ShockerHitch.com website! Shocker Hitch® is on a mission to make trailer towing smoother and safer. We do this by practicing our values in everything we do. Our values: Be Innovative – Be Transparent – Be Humble – Be Helpful – Give Back. Since transparency is one of our values, we want to reflect that in everything we do from browsing on our website, placing an order, shipping, returns, our policies, terms, order process and more. Below are our terms and conditions. If you have questions, please ask.

Shipping & Delivery

Shocker Hitch is proud to offer fast, free ground shipping on retail website orders in the continental US (lower 48 states). In-stock orders usually take 24-48 hours to leave our manufacturing facility in Jamestown, ND and tend to reach our customers within 2-7 business days. Items that are not in stock, special orders or items that are custom made have longer processing times. If you have questions or would like an estimate on shipping time for a custom made product, give us a call.

When receiving a freight shipment, be sure to inspect the product before signing the bill of lading. Once the item is signed for, we are usually not able to process a ship damage claim or accept a return on truck freight once it is accepted by you. If the item is damaged, refuse the shipment and contact us right away for further instructions.

Return Policy

Shocker Hitch provides you with a 60-day satisfaction guarantee. You may return your product for any reason within 60 days of delivery of the product. (Some restrictions apply.) If you find that you are not completely satisfied with your purchase, please contact us. If we are at fault, we will replace the parts or exchange them at our discretion and our cost.

1. Non-defective items that have not been installed should be returned in new condition.
2. Return Material Authorization (RMA) numbers are good for 60-days from the date of issue.
3. The following items are not eligible for return:
   a. Custom and/or special order items (unless Shocker Hitch is at fault).
   b. Freight shipments.
   c. Items delivered more than 30 days ago.
   d. Installed items.
   e. Modified items (items that have been drilled or altered in any way).

If your return is due to our error, we will cover all the return fees.

Return Procedure

Returns happens from time to time and we want the process to we as smooth and easy as possible.

1. Contact Us. Just give us a call a 701-707-2666 M-F 8:30am to 5pm CST or email us via our Contact Us form.
2. Receive Return Material Authorization #: We will email you a RMA # along with return shipping label to get the item back to us.
3. Pack It Up & Ship It To Us: Pack the item in its original packaging and re-enforce it it needed. Include all items and note any missing parts.
4. Receive New Item or Refund: Once the item is received back, we will issue your refund or ship the new item out.

Defective, Damage and Incorrect Products: Mistakes happen from time to time. If you receive a damaged or defective product, give us a call or use our email Contact Us form and we will get you taken care of.

Order Cancellations: Orders cannot be canceled by email or voicemail, you must call in to let us know. Cancellations for custom made products must be received within 24 hours of the order being placed. Custom made products may be subject to fees upon cancellation due to manufacturing production costs. Fees may range depending on which part of the process the cancellation is requested.

Please double check your email order confirmation for any errors as soon as you receive it. If there is an error, it is much easier to correct before any product is shipped.

Billing, Refunds, and Credits: Order payments may be collected at the time the order is placed. Returns minus the applicable restocking fees are issued when they are received and inspected at our manufacturing facility, and will be processed using the same method as initial payment.

Accepting our Terms of Use: The terms of use below establish guidelines for your access to and use of Shocker Hitch, including any content, functionality, and services offered on or through Shocker Hitch, whether as a guest or a registered user. Please read the Terms of Use before you start to use Shocker Hitch website. By using ShockerHitch.com, you accept and agree to be bound to and abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you should not access or use ShockerHitch.com. ShockerHitch.com is offered and available to users who are 18 years of age or older. By using ShockerHitch.com, you represent that you are 18 years of age or older, or if you are younger than 18, you are visiting the site under the supervision of a parent or guardian.

Changes to the Terms of Use:
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of Shocker Hitch afterwards.
Your continued use of ShockerHitch.com following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding once made.

Accessing Shocker Hitch and Account Security
We reserve the right to withdraw or amend ShockerHitch.com, and any service or material we provide on ShockerHitch.com, at our sole discretion without notice. We will not be liable if for any reason all if any part of ShockerHitch.com is unavailable at any time or for any period. From time to time, we may limit access to some parts of Shocker Hitch, or the entire ShockerHitch.com site, to users, including registered users.
To access ShockerHitch.com or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of ShockerHitch.com that all the information you provide onShockerHitch.com is correct, current, and complete. You agree that all information you provide to register with ShockerHitch.com or otherwise, including but not limited to information provided through the use of any interactive features on ShockerHitch.com, is governed by our Privacy Policy and you consent to all actions we take with respect to your information, consistent with our Privacy Policy. Any username, password, and any other piece of information that provides access to your account must be treated as confidential. You must not disclose this information to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to ShockerHitch.com or portions of it using your user name, password, or other security information. Any transaction performed under your user name and password is considered your responsibility. You agree to notify us immediately of any unauthorized access to, or use of, your user name or password, or any other such breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier at our sole discretion for any or no reason, including if, in our opinion, you have violated any aspect of these Terms of Use.

Shocker Hitch Intellectual Property Rights
ShockerHitch.com and all its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Shocker Hitch, its licensors, or other providers and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use allow you to use ShockerHitch.com for your personal, non-commercial use only. You must not reproduce, distribute, alter, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on ShockerHitch.com, except as follows:
• You may print or download one copy of a reasonable number of pages of ShockerHitch.com for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
You may not:
• Alter copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Trademarks
The Shocker Hitch name, the terms Shocker Hitch and all related names, logos, product and service names, designs, and slogans are trademarks of Shocker Hitch, LLC. You may not use such marks without the prior written permission of Shocker Hitch. All other names, logos, product and service names, designs, and slogans onShockerHitch.com are the trademarks of their respective owners.

Shocker Hitch Trademarks & Patents
Shocker Hitch® – Registration #: 4950038
Shocker Air Hitch® – Registration #: 7722713
Gooseneck Surge® – Registration #: 5480306
Shocker Hitch Equalizer® Registration # : 6186570
Quick Air® Registration # : 7722819
Trail Force® – Registration #: 8199365
Shift Lock® Trademark & Patent #: 6349138 – 11,370,257 B1 & D898,628
Shocker Gooseneck Air Hitch Patent #: 11,370,257 B1& D898,628
Shocker Quick Air® 5th to Gooseneck: 11,370,257 B1 & D898,628 S
Shocker Quick Air® 5th Wheel Pin Box Patent #: D898,628 S & Patent Pending
Shocker Multi-Fit Round Gooseneck Stem is patent pending
Shocker Streamline™ Aluminum Air Hitch is patent pending
Mini Shocker™ Cushion Hitch is patent pending
Shocker Air Equalizer™
Shocker Impact™
Shocker HD™
Road Force™

Prohibited Uses
You may use ShockerHitch.com only for lawful purposes and under these Terms of Use. You agree not to use ShockerHitch.com:
• In any way that violates any federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To send, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate a ShockerHitch.com employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of ShockerHitch.com, or which, as determined by us, may harm Shocker Hitch or users of ShockerHitch.com or expose them to liability.

Additionally, you agree not to:
• Use ShockerHitch.com in any way that could disable, overburden, damage, or impair the site or interfere with anyone else’s use of ShockerHitch.com, including their ability to engage in real time activities through ShockerHitch.com.
• Use any robot, spider, or other automatic device, process, or means to access ShockerHitch.com for any purpose, including monitoring or copying any of the material on ShockerHitch.com.
• Use any manual process to track or copy any of the material on ShockerHitch.com or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of ShockerHitch.com.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or harmful.
• Use any robot, spider, or other automatic device, process, or means to access ShockerHitch.com for any purpose, including monitoring or copying any of the material on ShockerHitch.com.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of ShockerHitch.com, the server on which ShockerHitch.com is stored, or any server, computer, or database connected to ShockerHitch.com.
• Attack ShockerHitch.com via a denial-of-service attack or a distributed denial-of-service (DDOS) attack.
• Otherwise attempt to interfere with the proper working of ShockerHitch.com.

User Contributions
ShockerHitch.com may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, comment sections, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through Shocker Hitch.
All User Contributions must follow the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on ShockerHitch.com, you grant us, our affiliates, our service providers, and each of their and our respective licensees, successors, or assigns the royalty-free right to use, reproduce, alter, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All your User Contributions will follow these Terms of Use.
• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not ShockerHitch.com, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of Shocker Hitch.
Monitoring and Enforcement; Termination

We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action related to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Shocker Hitch or the public, or could create liability for ShockerHitch.com.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of SShockerHitch.com.
• End or suspend your access to all or part of Shocker Hitch for any violation of these Terms of Use.
We have the right to cooperate with law enforcement authorities or court orders requesting or directing us to disclose the identity or information of anyone posting any materials on or through ShockerHitch.com. You waive and hold harmless ShockerHitch.com and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or take as a consequence of, investigations by either ShockerHitch.com or law enforcement.

Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety follow all applicable federal, state, local, and international laws and regulations. Without limit to the foregoing, User Contributions may not:
• Contain any material that is libelous, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe upon any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement
If you believe that any User Contributions violate your copyright, send us a notice of copyright infringement to info@ShockerHitch(dot)com. It is the policy of ShockerHitch.com to terminate the user accounts of repeat offenders.

Reliance on Information Posted
ShockerHitch.com includes content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials are solely the opinions of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ShockerHitch.com. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Changes to ShockerHitch.com
We regularly update the content on ShockerHitch.com, but there may be times when content is not fully complete or up-to-date.
Information About You and Your Visits to ShockerHitch.com
All information we collect on this ShockerHitch.com is subject to our Privacy Policy. By using ShockerHitch.com, you consent to all actions taken by us with your information in compliance with the Privacy Policy.

Online Purchases
All purchases through our site or other transactions for the sale of goods or services through ShockerHitch.com or resulting from visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions, services or features of Shocker Hitch. All such terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to ShockerHitch.com and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
ShockerHitch.com may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on ShockerHitch.com.
• Send emails or other communications with certain content, or links to certain content, on ShockerHitch.com.
• Cause limited portions of content on this ShockerHitch.com to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided. You may not:
• Establish a link from any ShockerHitch.com that is not owned by you.
• Cause ShockerHitch.com or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of ShockerHitch.com other than the homepage.
• Otherwise take any action with respect to the materials on this Shocker Hitch that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in stopping any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
Links from Shocker Hitch
If ShockerHitch.com contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party links, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Warranties

Warranty Claims for Products Sold on Shocker Hitch
Each product on our site is backed by the manufacturer’s warranty. The specific terms of warranties vary from product to product. If you want specific warranty information on a product, please via the product page or contact our customer service.

Product and Pricing Information on ShockerHitch.com
If a product on ShockerHitch.com is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for such product. If your credit card has already been charged for the purchase and your order is cancelled, Shocker Hitch will issue a credit to your credit card in the amount of the incorrect price. Shocker Hitch often relies on third party marketing companies to assist with the website and try to provide accurate information about our products. However, from time to time, it may be incorrectly listed. As such, Shocker Hitch does not warrant the accuracy of product information on ShockerHitch.com. Your use of ShockerHitchcom, its content, and any services or items obtained through Shocker Hitch is at your own risk. They are all provided on an “as is” and “as available” basis, without any warranties expressed or implied. Neither Shocker Hitch nor anyone associated with Shocker Hitch makes any warranty or representation about the completeness, security, reliability, quality, accuracy, or availability of ShockerHitch.com. Neither Shocker Hitch nor anyone associated with Shocker Hitch warrants that ShockerHitch.com, its content, or any services or items obtained through ShockerHitch.com will be accurate, reliable, error-free, or uninterrupted. We do not warrant that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that ShockerHitch.com or any services or items obtained through ShockerHitch.com will otherwise meet your needs or expectations. To the full extent of the law, Shocker Hitch hereby disclaims all warranties of kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or ShockerHitch.com will be free of viruses or other destructive code. You are responsible for having your own anti-virus protection in place and for maintaining a means external to our site for restoring any lost data. To the full extent of the law, we will not be liable for any loss or damage caused by a distributed denial of service (DDOS) attack, viruses, or other material harmful to technology that may infect your computer?s hardware or software or other material you own to your use of ShockerHitch.com or any services or items obtained through ShockerHitch.com or to your downloading of any material posted on it, or any website linked to it. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability
In no event will Shocker Hitch, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, Shocker Hitch, any websites linked to it, any content on Shocker Hitch or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages or otherwise, even if foreseeable.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification
You agree to defend, indemnify, and hold harmless Shocker Hitch, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys? fees) arising out of or relating to your violation of these Terms of Use or your use of Shocker Hitch, including, but not limited to, your User Contributions, any use of Shocker Hitch?s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from Shocker Hitch.

Governing Law and Jurisdiction
All matters relating to Shocker Hitch and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Dakota without giving effect to any choice or conflict of law provision or rule (whether of the State of North Dakota or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or Shocker Hitch shall be executed exclusively in the federal courts of the United States or the state or county courts that govern the State of North Dakota. We retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability
No waiver by Shocker Hitch of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Shocker Hitch to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement: This Terms of Use, our Privacy Policy and Terms of Sale constitute the sole and entire agreement between you and ShockerHitch.com regarding ShockerHitch.com and replace all prior and concurrent understandings, agreements, representations, and warranties, both written and oral, regarding ShockerHitch.com.

Your Comments and Concerns: ShockerHitch.com is operated by Shocker Hitch, Inc., which is located at:
2801 3rd Ave SW
Jamestown, ND 58401
701-707-2666

All notices of copyright infringement claims should be sent to sam@ShockerHitch(dot)com

All other feedback, comments, requests for technical support, and other communications relating to Shocker Hitch should be directed to:
sam@ShockerHitch(dot)com