Terms of Use

Welcome to TimexGroup.com. By accessing or using this Site, you (“User”) agree to comply with the terms and conditions governing User’s use of any areas of the Timex Group web site (the “Site”) as set forth below.

Use of Site

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose except as expressly permitted by Timex Group. Timex Group reserves the right to refuse service in its discretion, including, without limitation, if Timex Group believes that User conduct violates applicable law or is harmful to the interests of Timex Group or its affiliates.

Content

A. Proprietary Rights in Content

User acknowledges that the Timex Group Site contains content, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The compilation (meaning the collection, arrangement and assembly) of all Content on this Site is the exclusive property of the Timex Group and protected by U.S. and international copyright laws. All software used on this Site is the exclusive property of Timex Group and protected by U.S. and international copyright laws. The Content and software on this Site is for informational purposes only. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Content of this Site is strictly prohibited.

B. Submission of Information or Content

Timex Group does not assume any obligation with respect to any Submission and no confidential or fiduciary understanding or relationship is established by Timex Group’s receipt or acceptance of any Submission. All Submissions become the exclusive property of Timex Group and its affiliates. Timex Group and its affiliates may use any Submission without restriction and User shall not be entitled to any compensation.


C. Third-Party Content

Neither Timex Group, nor its affiliates, nor any of their respective officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of this Site, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In some instances, the Content available through Timex Group may represent the opinions and judgments of Providers or Users. Timexgroup.com and its affiliates do not endorse and shall not be responsible for the accuracy or reliability of any opinion, advice, or statement made on this Site by anyone other than authorized Timexgroup.com employees. Under no circumstances shall Timexgroup.com, or its affiliates, or any of their respective officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through Timexgroup.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through this Site.

Disclaimers and Limitation of Liability

User agrees that use of this Site is at User's sole risk. Neither Timex Group, nor its affiliates, nor any of their respective officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, “Providers”), warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Site. THIS SITE IS PROVIDED BY TIMEX GROUP ON AN “AS IS” AND “AS AVAILABLE” BASIS. TIMEX GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TIMEX GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TIMEX GROUP 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. Under no circumstances shall Timex Group or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this Site, including but not limited to reliance by a User on any information obtained from Timexgroup.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Timex Group’s records, programs, or services. User hereby acknowledges that these disclaimers and limitation on liability shall apply to all content, merchandise, and services available through this Site. In states that do not allow the exclusion of limitation or limitation of liability for consequential or incidental damages, User agrees that liability in such states shall be limited to the fullest extent permitted by applicable law.

Online Conduct

User agrees to use the Timex Group Site only for lawful purposes. User is prohibited from transmitting through Timexgroup.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

Usage by Children Under 13

Timex Group cannot prohibit minors from visiting this Site. Timex Group must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view.

Termination of Usage

Timex Group may suspend any User’s access to all or part of Timexgroup.com, without notice, for any conduct that Timex Group, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or Timex Group or any of its affiliates.

Indemnity

User agrees to indemnify and hold Timex Group, its affiliates and their respective officers, directors, employees and agents, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or in connection with User's breach of any term or condition of this User Agreement or User's violation of any law or the rights of any third party.

Copyright

All content contained on this Site, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, is the property of Timex Group USA, Inc., its affiliates or their respective content suppliers and protected by U.S. and international copyright laws.

Trademarks

TIMEX, TRIATHLON and CAVATINA are registered trademarks of Timex Group USA, Inc. in the US and other countries. TX and TX LOGO are trademarks of Timex Group B.V. INDIGLO is a registered trademark of Indiglo Corporation in the US and other countries. All other trademarks referred to are the property of their respective owners.

Arbitration

Any controversy or claim arising out of or relating to this User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Arbitration shall be conducted in Waterbury, Connecticut, and judgment on any arbitration award may be entered in any court having jurisdiction thereof. Each party shall be responsible for its own fees and costs in relation to the arbitration. The parties shall share equally the arbitrator's fees and costs. The arbitrator shall have no authority to award costs or punitive damages to any party. User or Timex Group may seek any interim or preliminary equitable relief from a court of competent jurisdiction in Waterbury, Connecticut necessary to protect the rights or property of User or Timex Group pending the completion of arbitration.

General

This User Agreement shall be construed and governed in all respects by the laws of the State of Connecticut as such laws are applied to agreements entered into and to be performed entirely within Connecticut between Connecticut residents and without giving effect to any principles of conflicts of law. This User Agreement sets forth the entire understanding and agreement between User and Timex.com with respect to the subject matter hereof and terminates, cancels and supersedes any and all oral or written agreements, understandings, statements, representations and warranties heretofore made relating to the subject matter hereof. The failure of User or Timex Group to insist upon strict adherence to any provision of this User Agreement on any occasion shall not be considered a waiver of such party's right to insist upon strict adherence to such provision on any other occasion or to any other provision of this Agreement in any instance. Any waiver shall be in writing signed by a duly authorized representative of the waiving party. If one or more any provision of this User Agreement is held to be illegal, invalid or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. In the event a provision is held to be illegal, invalid or unenforceable, the User Agreement shall remain in full force and effect and the arbitrator or court shall be empowered to modify, if possible, such illegal, invalid or unenforceable provision to the extent necessary to make this User Agreement enforceable in accordance with the intent and purposes of the parties expressed herein to the fullest extent permitted by applicable law. The section headings contained in this User Agreement are for convenience only are in no way define, limit, or enlarge the scope of the provisions of such section and shall not be considered in the interpretation or enforcement of this User Agreement.

Acknowledgement

By accessing or using this Site, USER AGREES TO BE BOUND BY THE TERMS AND CONDITION, INCLUDING DISCLAIMERS. Timex Group reserves the right to make changes to its Site and these terms and conditions, including disclaimers, at any time.

Privacy Statement

Timex Group believes that you, as our online visitor, have the right to know our practices regarding any information we might collect when you visit our website.

For each visitor to the Timexgroup.com website, our web server automatically recognizes and stores information, such as the visitor IP address and domain name. We track such information to perform internal research on our users' demographic interests and behavior and to better understand, protect and serve our customers and community.

Resume submissions are forwarded to the Timex Group Human Resources department and are handled in accordance with all other resume submissions.

In the existing regulatory environment, we cannot ensure that all of your personal information and private communications will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the website. Timexgroup.com takes measures to safeguard your personal information and to prevent unauthorized access to that information in its internal procedures and technology. However, we do not promise, and you should not expect, that your personal information and private communications will always remain private.

Other websites that may be linked to/from the Timexgroup.com website may have different policies. You should review the policies on these other websites to understand their policies and practices.

We may amend this Privacy Policy at any time by posting the amended terms on the Timexgroup.com website. All amended terms shall automatically be effective 30 days after they are initially posted on the website.