Welcome to Timefactory.com. By accessing or using this Site, you ("User") agree to comply with the terms and conditions governing your use of any areas of the Timefactory.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 Time Factory, Inc. Time Factory, Inc. and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Time Factory, Inc. believes that User conduct violates applicable law or is harmful to the interests of Time Factory, Inc. or its affiliates.
A. Proprietary Rights in Content
User acknowledges that the Timefactory.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 Time Factory, Inc. and protected by U.S. and international copyright laws. All software used on this Site is the exclusive property of Time Factory, 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.
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 Time Factory, Inc. and its affiliates. Time Factory, Inc. and its affiliates may use any Submission without restriction and User shall not be entitled to any compensation.
C. Third-Party Content
Neither Time Factory, 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 Time Factory, Inc. may represent the opinions and judgments of Providers or Users. Time Factory, 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 Time Factory, Inc. employees. Under no circumstances shall Time Factory, 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 Timefactory.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 Timefactory.com Site only for lawful purposes. User is prohibited from posting on or transmitting through Timefactory.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 Time Factory, Inc. is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, Time Factory, Inc. may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Timefactory.com. Time Factory, 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 Timefactory.com; or (iii) to protect the rights or property of Time Factory, Inc., its Users or Providers.
Time Factory, Inc. reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, the Timefactory.com Site, the communities that make up Timefactory.com, or any rights of Time Factory, Inc. or its affiliates or any other party, or to violate any applicable law. Notwithstanding the foregoing, neither Time Factory, Inc. nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Time Factory, 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 Timefactory.com.
DISCLAIMERS AND LIMITATION OF LIABILITY
User agrees that use of this Site is at User's sole risk. Neither Time Factory, 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 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 Time Factory, Inc. ON AN "AS IS"AND "AS AVAILABLE" BASIS. Time Factory, 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, Time Factory, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Time Factory, 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 Time Factory, 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 Timefactory.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 Timefactory.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 Timefactory.com to either a foreign national or a foreign destination in violation of such laws.
TERMINATION OF USAGE
Time Factory, Inc. may terminate User's access, or suspend any User's access to all or part of Timefactory.com, without notice, for any conduct that Time Factory, 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 Time Factory, Inc. or any of its affiliates.
User agrees to indemnify and hold Time Factory, Inc., 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 Time Factory, Inc., its affiliates or their respective content suppliers and protected by U.S. and international copyright laws.
Trademarks appearing on Timefactory.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, ACQUA, CARRIAGE, EASY READER, FLIX, MARATHON, MARLIN, CAVATINA, TIMEXPO, KELTON, TIMEX KIDS LOGO, 1440 SPORTS, TIMEX ATLANTIS 100, BODYLINK, INTELLIGENT QUARTZ, IQ, RUN TRAINER, GLOBAL TRAINER, CYCLE TRAINER, FLEX TECH, ROAD TRAINER, ZONE TRAINER, PERSONAL TRAINER, EASY TRAINER, AMERITUS, UPLANDER, ADVENTURE TECH, TIMEX ADVENTURE SERIES, TIMEX T SERIES, TIMEX SL SERIES, IT’S NOT ORIGINAL UNLESS IT’S A TIMEX, TAPSCREEN, HEALTH TOUCH, HEALTH TRACKER, SLEEK, WEEKENDER, TRAIL MATE, SHOW YOURSELF WHAT YOU CAN DO, ALL DAY TRACKER, WEAR IT WELL, WS4 and the Triathlon watch design are trademarks of Timex Group B.V. and its subsidiaries.
IRONMAN®, MDOT and IRONKIDS 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.
APPLE, MAC and iPod are registered trademarks of Apple 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.
MICROSOFT and WINDOWS are registered trademarks of Microsoft Corporation in the US and other countries.
SWAROVSKI is a registered trademark of Swarovski Aktiengesellschaft.
VELCRO is a registered trademark of Velcro Industries B.V
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 Time Factory, 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 Time Factory, Inc. pending the completion of arbitration.
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 Time Factory, Inc. 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 Time Factory, Inc. 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. Time Factory, Inc. reserves the right to make changes to its Site and these terms and conditions, including disclaimers, at any time.