TERMS OF USE
Welcome to TimexGroup.com (“Timex” or “Company” or “we”). By accessing or using this Site, you (“User” or “you”) agree to comply with the terms and conditions governing your use of any areas of the TimexGroup.com web site (the “Site”) as set forth below.
USE OF SITE
Please read the Terms of Use (“Terms”) carefully before you start using the Site. By using the Site you accept and agree to be bound 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 must not access or use the 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 and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders 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 Timex Group and/or its affiliates and protected by U.S. and international copyright laws. All software used on this Site is the exclusive property of Timex Group and/or its affiliates and protected by U.S. and international copyright laws. The Content and software on this Site may be used as a shopping and selling resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Content of this Site is strictly prohibited. If you print, copy, modify or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
B. Submission of Information or Content
Timex Group welcomes User comments, information and submissions (collectively, “Submission”). Timex Group, however, does not assume any obligation with respect to any Submission and no confidential or fiduciary understanding or relationship is established by Timex 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 this site may represent the opinions and judgments of Providers or Users. Timex Group 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 Timex Group employees. Under no circumstances shall Timex Group, 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.
ONLINE CONDUCT
User agrees to use the TimexGroup.com Site only for lawful purposes. User is prohibited from posting on or 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.
If Timex Group is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, Timex Group may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from TimexGroup.com. Timex Group may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate TimexGroup.com; or (iii) to protect the rights or property of Timex Group, its Users or Providers.
Timex Group reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, the TimexGroup.com Site, the communities that make up TimexGroup.com, or any rights of Timex Group or its affiliates or any other party, or to violate any applicable law. Notwithstanding the foregoing, neither Timex Group nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Timex Group, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on TimexGroup.com.
Additionally, User may not 1) use the Site in a way that could disable, burden, damage or impair the Site or interfere with any other party’s use of the Site; 2) use any robot, spider, or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any material on the Site; 3) use any manual process to monitor or copy the material on the Site or for any other authorized purpose without our prior written consent; 4) use any device, software or routine that interferes with the proper working of the Site; 5) introduce any virus, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; 6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; 7) attach the Site via a denial-of-service attack or distributed denial-of-service attach; or 8) otherwise attempt to interfere with the proper working of the 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, free of viruses or other destructive code, 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, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES 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, its affiliates, officers, directors, employees, agents and representative, 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 TimexGroup.com Inc.’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.
PRIVACY POLICY
Timex Group respects the privacy of its Users. Users are encouraged to review the terms of the TimexGroup.com Privacy Policy.
USAGE BY CHILDREN UNDER 13
This Site is offered and available to users who are 13 years of age or older. However, 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 (in any area of this Site).
EXPORT
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations — including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from TimexGroup.com to either a foreign national or a foreign destination in violation of such laws.
TERMINATION OF USAGE
Timex Group may terminate User’s access, or 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, contractors, licensors, suppliers, successors, assigns and agents, harmless from any claim, liability, damages, judgment, award, loss, costs, expenses, fees, 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, its affiliates or their respective content suppliers and protected by U.S. and international copyright laws.
TRADEMARKS
TIMEX, ALLIED, AMERICAN DOCUMENTS, CAVATINA, DGTL, E LOGO, EASY READER, EASY TRAINER, EXPEDITION, FAST WRAP, FLEX TECH, FLIX, INDIGLO. INTELLIGENT QUARTZ, IQ+, IT TAKES A LICKING AND KEEPS ON TICKING, IT’S NOT ORIGINAL UNLESS IT’S A TIMEX, KEEP ON TICKING, MARATHON, MARLIN, MK1, NIGHT-MODE, PERFECT DATE, PERSONAL TRAINER, QUICKDATE, ROAD TRAINER, RUN TRAINER, SLEEK, SPECIALISTS IN THE ART OF TIMEKEEPING, SUPERNOVA, TAPSCREEN, TIME MACHINES, TIME-FACTORY, TIMEX, TIMEX COMMAND, TIMEX IN MAP LOGO, TIMEXPO, TORRINGTON, TRANSCEND, TRIATHLON, TRIBUTE, TRUE SINCE 1854 TIMEX, V / P LOGO, VARIETY, VIEWPOINT, WEEKENDER, ZONE TRAINER and the Triathlon watch design are trademarks of Timex Group B.V. and its subsidiaries.
IRONMAN® and MDOT are registered trademarks of World Triathlon Corporation. Used here by permission.
SWAROVSKI is a registered trademark of Swarovski Aktiengesellschaft.
The Bluetooth word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by Timex is under license.
IOS is a trademark or registered trademark of Cisco in the US and other countries and is used under license.
The Android robot is reproduced or modified from work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.
All other marks associated with third party products, documents and company names mentioned on this Site are the trademarks or service marks of their respective owners. Trademarks appearing on TimexGroup.com may only be used with the permission of Timex Group USA, Inc. or the respective trademark owners.
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 Group 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. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Portions of this site are authorized to operate under license of U.S. Patent Nos. 5,528,490, 5,761,649, and 6,029,142.
ACKNOWLEDGMENT
By accessing or using this Site, USER AGREES TO BE BOUND BY THE TERMS AND CONDITION, INCLUDING DISCLAIMERS. We reserve the right to review and update these terms at any time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Last Updated: November 19, 2018