Welcome to TimexIndia.com. By accessing or using this Site, you (“User”) agree to comply with the terms and conditions governing User use of any areas of the Timex Group India 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 TimexIndia.com TimexIndia.com and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if TimexIndia.com believes that User conduct violates applicable law or is harmful to the interests of TimexIndia.com or its affiliates.
A. Proprietary Rights in Content
User acknowledges that the TimexIndia.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 TimexIndia.com and protected by U.S. and international copyright laws. All software used on this Site is the exclusive property of TimexIndia.com and protected by U.S. and international copyright laws. The Content and software on this Site may be used as a catalog and reference resource. 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
TimexIndia.com welcomes User comments, information and submissions (collectively, “Submission”). TimexIndia.com, however, does not assume any obligation with respect to any Submission and no confidential or fiduciary understanding or relationship is established by TimexIndia.com receipt or acceptance of any Submission. All Submissions become the exclusive property of TimexIndia.com and its affiliates. TimexIndia.com and its affiliates may use any Submission without restriction and User shall not be entitled to any compensation.
C. Third-Party Content
Neither TimexIndia.com, 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 TimexIndia.com may represent the opinions and judgments of Providers or Users. TimexIndia.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 TimexIndia.com employees. Under no circumstances shall TimexIndia.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 TimexIndia.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through this Site./
User agrees to use the TimexIndia.com Site only for lawful purposes. User is prohibited from posting on or transmitting through TimexIndia.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 TimexIndia.com is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, TimexIndia.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from TimexIndia.com. TimexIndia.com 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 TimexIndia.com; or (iii) to protect the rights or property of TimexIndia.com, its Users or Providers.
TimexIndia.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, the TimexIndia.com Site, the communities that make up TimexIndia.com, or any rights of TimexIndia.com or its affiliates or any other party, or to violate any applicable law. Notwithstanding the foregoing, neither TimexIndia.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither TimexIndia.com, 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 TimexIndia.com.
DISCLAIMERS AND LIMITATION OF LIABILITY
User agrees that use of this Site is at User’s sole risk. Neither TimexIndia.com, 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 TIMEXINDIA.COM ON AN “AS IS”AND “AS AVAILABLE” BASIS. TIMEXINDIA.COM 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, TIMEXINDIA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TIMEXINDIA.COM 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 TimexIndia.com 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 TimexIndia.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 TimexIndia.com’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
TimexIndia.com cannot prohibit minors from visiting this Site. TimexIndia.com must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or rate & review.
TERMINATION OF USAGE
TimexIndia.com may terminate User’s access, or suspend any User’s access to all or part of TimexIndia.com, without notice, for any conduct that TimexIndia.com, 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 TimexIndia.com or any of its affiliates.
User agrees to indemnify and hold TimexIndia.com, 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.
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 TimexIndia.com, its affiliates or their respective content suppliers and protected by U.S. and international copyright laws.
Trademarks appearing on TimexIndia.com may only be used with the permission of Timex Group India or the respective trademark owners. TIMEX, IT TAKES A LICKING AND KEEPS ON TICKING, NIGHT-MODE, QUICKDATE, FAST WRAP, DATA LINK, TIMEX DATA LINK, EXPEDITION, “E” Logo, REEF GEAR, ACQUA, CARRIAGE, TMX, EASY READER, FLIX, MARATHON, TRIATHLON, STEALTH, MAGNUM, MARLIN, SPORTSTER, CAVATINA, RUSH, TIMEXPO, WISE GUY, POWER FIGHTER, TELE-BANK 30, TIMEX INTERACTIVE FUN, KELTON, TIMEX KIDS LOGO, and the Triathlon watch design are registered trademarks of Timex Group USA, Inc in the U.S. and other countries. Look for the and designs on the face of Timex watches. INTERNET MESSENGER, 1440 SPORTS, TIMEX ATLANTIS 100 and LIFE IS TICKING are trademarks of Timex Group USA, Inc. FROM WEB TO WRIST, DURATION, TRIPLE THREAT, VENOM, PRIZE FIGHTER, QUOTIENT, TUCSON, OLD SCHOOL, AGGRESSOR, CYCLONE, BODYLINK, PRIORITY and TIME TAG are registered trademarks of Timex Group, B.V. INDIGLO, I-CONTROL and the I DESIGN are registered trademarks of Indiglo Corporation in the U.S. and other countries.
iPod is a trademark of Apple Inc., registered in the U.S. and other countries. APPLE and MAC are registered trademarks of Apple Computer, Inc. COOL MAX is a registered trademark of E.I. Du Pont De Nemours and Company. ENERGIZER is a registered trademark of Eveready Battery Company, Inc. IRONKIDS is a registered trademark of the Sara Lee Bakery Group, Inc. IRONMAN, M-DOT and IRONMAN TRIATHLON WORLD CHAMPIOHSHIP are registered trademarks of World Triathlon Corporation. ANYTHING IS POSSIBLE and the 25th ANNIVERSARY LOGO are trademarks of World Triathlon Corporation. MICROSOFT and WINDOWS are registered trademarks of Microsoft Corporation in the U.S. and other countries. MOTOROLA, FLEX and FLEXTIME are trademarks and/or registered trademarks of Motorola, Inc. PROPEX is a registered trademark of Amoco Fabrics & Fibers Corporation. SCOTCHLITE is a trademark of 3M. SKYTEL is a registered trademark of SkyTel Corp. Skytel is a WorldCom Company. SWAROVSKI is a registered trademark of Swarovski Aktiengesellschaft. DUPONT, TEFLON and TACTEL are registered trademarks of E.I. Du Pont De Nemours and Company. Only DuPont makes Teflon. CONNECTIX VIRTUAL PC is a registered trademark of Connectix Corporation. VELCRO is a registered trademark of Velcro Industries B.V. ADVANTAGE ® MAX-4 HD™, REALTREE HARDWOODS GREEN® HD™, REALTREE HARDWOODS® HD™, and the HIGH DEFINITION® LOGO are used under license by Jordan Outdoor Enterprises, Ltd.
Timex watches are covered by a variety of patents, including but not limited to U.S. Patent Nos. 4,775,964; 4,912,688; 5,835,388; 5,922,058; 5,742,565; 5,305,291; 6,515,416; 6,773,157; and 6,896,403. Timex watches are also covered by a variety of design patents, including but not limited to U.S. Patent Nos. D449997; D449996; D450599; D451818; D451819; D452168; D453903; D454077; D454074; D454075; D454799; D456277; D456275; D456720; D457071; D457075; D457072; D457076; D457077; D457440; D457813; D458852; D459662; D463293; D464890; D464891; D465162; D465738; D466030; D471471; D471468; D471469; D472156; D472476; D472477; D472819; D472820; D473480; D473798; D474116; D474697; D476304; D476243; D480009; D480317; D480652; D480976; D481320; D481959; D482290; D482627; D486744; D489997; D493372; D493371; D493373; D503347; D504327; D505084; and D506683.
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 Laws of India. 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 New Delhi, INDIA 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 TimexIndia.com may seek any interim or preliminary equitable relief from a court of competent jurisdiction in New Delhi, INDIA necessary to protect the rights or property of User or TimexIndia.com pending the completion of arbitration.
This User Agreement shall be construed and governed in all respects by the laws of INDIA as such laws are applied to agreements entered into and to be performed entirely within INDIA between INDIAN 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 TimexIndia.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 TimexIndia.com 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. 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. TimexIndia.com reserves the right to make changes to its Site and these terms and conditions, including disclaimers, at any time.