Welcome to timex.com (“timex.com” 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 timex.com 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.com, Inc. timex.com, Inc. and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if timex.com, Inc. believes that User conduct violates applicable law or is harmful to the interests of timex.com, Inc. or its affiliates.
A. Proprietary Rights in Content
User acknowledges that the timex.com 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.com, Inc. and protected by U.S. and international copyright laws. All software used on this Site is the exclusive property of timex.com, Inc. 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 welcomes User comments, information and submissions (collectively, "Submission"). Timex, 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.com, Inc. and its affiliates. timex.com, Inc. and its affiliates may use any Submission without restriction and User shall not be entitled to any compensation.
C. Third-Party Content
Neither timex.com, Inc., 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.com, Inc. may represent the opinions and judgments of Providers or Users. timex.com, Inc. 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.com, Inc. employees. Under no circumstances shall timex.com, Inc., 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 timex.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through this Site.
PROMOTIONS, DISCOUNTS, AND VOUCHERS
We, from time to time, run promotions concurrently. Offers cannot be applied to previous purchases and cannot be redeemed for cash or combined with any other offer. To redeem, enter the code in the promo code box at checkout. Limit one promotional code per order. Offers valid in the U.S. only. Terms of offers are subject to change.
User agrees to use the timex.com Site only for lawful purposes. User is prohibited from posting on or transmitting through timex.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.com, Inc. is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, timex.com, Inc. may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from timex.com. timex.com, Inc. 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 timex.com; or (iii) to protect the rights or property of timex.com, Inc., its Users or Providers.
timex.com, Inc. reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, the timex.com Site, the communities that make up timex.com, or any rights of timex.com, Inc. or its affiliates or any other party, or to violate any applicable law. Notwithstanding the foregoing, neither timex.com, Inc. nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither timex.com, Inc., 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 timex.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.com, Inc., 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.com, INC. ON AN "AS IS"AND "AS AVAILABLE" BASIS. timex.com, INC. 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.com, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. timex.com, INC. 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.com, Inc. 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 timex.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.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.
USAGE BY CHILDREN UNDER 13
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 timex.com to either a foreign national or a foreign destination in violation of such laws.
TERMINATION OF USAGE
timex.com, Inc. may terminate User's access, or suspend any User's access to all or part of timex.com, without notice, for any conduct that timex.com, Inc., 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.com, Inc. or any of its affiliates.
User agrees to indemnify and hold timex.com, Inc., 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.
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.com, Inc., its affiliates or their respective content suppliers and protected by U.S. and international copyright laws.
timex.comTrademarks appearing on timex.com may only be used with the permission of Timex Group USA, Inc. or the respective trademark owners. TIMEX, INDIGLO, TRIATHLON, IT TAKES A LICKING AND KEEPS ON TICKING, NIGHT-MODE, QUICKDATE, FAST WRAP, DATA LINK, TIMEX DATA LINK, EXPEDITION, E LOGO, EASY READER, FLIX, MARATHON, CAVATINA, TIMEXPO, INTELLIGENT QUARTZ, IQ, RUN TRAINER, FLEX TECH, ROAD TRAINER, ZONE TRAINER, PERSONAL TRAINER, EASY TRAINER, UPLANDER, KEEPS ON TICKING, IT’S NOT ORIGINAL UNLESS IT’S A TIMEX, TAPSCREEN, SLEEK, WEEKENDER, SHOW YOURSELF WHAT YOU CAN DO, WEAR IT WELL, PERFECT DATE 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.
SiRF and the SiRF logo are registered trademarks of CSR. SiRFstarIV is a trademark of CSR.
ANT+ and the ANT+ Logo are trademarks of Dynastream Innovations, Inc.
SWAROVSKI is a registered trademark of Swarovski Aktiengesellschaft.
Runkeeper is a registered trademark of FitnessKeeper, Inc. The Running Man Icon is a trademark of FitnessKeeper, Inc. Both trademarks are used by Timex by permission.
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.
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.com, Inc. 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.com, Inc. pending the completion of arbitration.
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.
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. timex.com
Last Updated: August 11, 2016