ESSENCE OF TIME, INC.
TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS OF USE
PLEASE REFER
TO THESE TERMS AND CONDITIONS OF USE SINCE THEY CONTAIN AND PROVIDE
IMPORTANT INFORMATION ABOUT YOUR RIGHTS, OBLIGATIONS, LIMITATIONS, AND
POSSIBLE EXCLUSIONS THAT MIGHT BE APPLICABLE TO YOU DURING NAVIGATING
AND BUYING WATCHES FROM OUR WEBSITE.
Essence of Time, Inc. ("TimeResource.com" or the "Company") is a retail
company that specializes in acquiring, trading, and selling top-name,
fine-quality, new and pre-owned timepieces manufactured by leading watch
manufacturers.
By accessing or
using our website at www.timeresource.com (the "Website"), you (the
"User") signify that you have read, understood and agree to be bound by
these Terms and Conditions of Use ("Terms and Conditions"). We reserve
the right to change, modify, add, or delete any portions of these Terms
and Conditions at any time without further notice, at our sole
discretion. By using this Website, you agree to be bound by any such
revisions and should therefore periodically visit this page to determine
the then-current Terms and Conditions to which you are bound. It is
your responsibility to regularly check the Website to determine if there
have been changes to these Terms and Conditions and to review such
changes. If you do not agree to abide by these or any future Terms and
Conditions, do not use or access, or continue to use or access, the
Website.
Website Content and Intellectual Property:
You acknowledge
that this Website contains information, data, data compilations,
software, photographs, typefaces, text, graphics, sounds, images, and
other material (collectively, "Content") that are the property of
Essence of Time, Inc. or other third parties and that such Content is
protected by United States and/or international copyright laws. All
Content is copyrighted as a collective work under the United States
copyright laws, and we own a copyright in the selection, coordination,
arrangement, and enhancement of such Content. You may not modify,
remove, delete, augment, add to, publish, transmit, participate in the
transfer or sale of, create derivative works from, or in any way exploit
any of the Content, in whole or in part. Further, you agree not to
upload, post, reproduce, or distribute in any way any Content protected
by copyright, or other proprietary right, without obtaining prior
written permission of the owner of the copyright or other propriety
right.
Trademark of Essence of Time, Inc.
"Essence of
Time, Inc." and "TimeResource.com" as indicated on this Website, as well
as the Website itself, are trademarks and/or trade dress of Essence of
Time, Inc. in the United States and/or other countries. Trademarks and
trade dress include the Essence of Time, Inc. ("TimeResource.com") name
and logo, our graphics, page headers, button icons, scripts, and service
names. Essence of Time’s trademarks and trade dress may not be used in
connection with any product or service that is not Essence of Time’s.
Third Party Trademarks:
Essence of Time,
Inc. disclaims any proprietary interest in trademarks, service marks,
logos, slogans, domain names and trade names other than its own. All
other trademarks that appear on this site are the property of their
respective owners, who are not affiliated with, connected to, or
sponsored by us or our affiliates. You agree not to display or use such
marks in any way, without obtaining permission of the owner of the
trademark.
Use Rights:
You have
permission to view, electronically copy and print hard copies of pages
from this Website solely for personal, non-commercial purposes related
to placing an order or shopping with Essence of Time, Inc. Except as
expressly stated in the Terms and Conditions, you may not reproduce,
distribute, display, sell, lease, transmit, create derivative works
from, modify or otherwise exploit any images, photographs and/or any
other variation of pictorial form on this Website. In the absence of an
express, written permission in advance, any other use of this Website,
its content and its information, including linking or framing to this
Website, is strictly prohibited.
Errors and Inaccuracies:
While our goal
is to provide complete, accurate, up-to-date information on our Website,
it is not possible to ensure that any website is completely free of
human or technological errors. In order to give you the opportunity to
view our products in great detail, some products may appear larger or
smaller than their actual size in our photographs; and since every
computer monitor is set differently, color and size may vary slightly.
This Website may contain typographical mistakes, inaccuracies, or
omissions, and some information may not be complete or current. We
reserve the right to correct any errors, inaccuracies or omissions,
including after an order has been submitted, and to change or update
information at any time without prior notice, including inaccurate or
erroneous prices. In the event of a pricing error discovered after an
order has already been placed, we will notify you of the error and we
will do our best to work with you to reach a mutually acceptable
solution. We do, however, reserve the right to cancel the order and
notify you of such cancellation. You also have the right to cancel the
order in the event of a pricing error. If the order is cancelled by us,
then you may replace the order at the corrected price. We sincerely
apologize for any inconvenience this may cause.
Disclaimer of Liability:
Unless expressly
stated in the Warranty Policy section of the Website, Essence of Time,
Inc. makes no representations or warranties of any kind, whether express
or implied, with respect to this Website, its content, or the
information available on or through it. You expressly understand and
agree that your use of the Website it at your sole risk and that the
Website is provided on an "AS IS" basis and "as available" basis.
Unless expressly stated in the Warranty Policy section of the Website,
Essence of Time, Inc. disclaims all warranties of any kind, whether
express or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose and
non-infringement. We and our corporate affiliates, and the directors,
officers, employees, agents, contractors, successors and assigns of
each, will not be liable for any direct, indirect, incidental, special,
consequential, punitive or other damages that result from the use of or
inability to use the Website, including but not limited to reliance by a
user on any information obtained at the Website, or that result from
mistakes, omissions, interruptions, deletion of files or e-mail, 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
Essence of Time, Inc. records, programs or services. This limitation of
liability applies whether in an action of contract, negligence, or other
tortious action, strict product liability or otherwise, as well as
damages for lost profits, business interruption or the loss of data or
information, even if an authorized representative of Essence of Time,
Inc. has been advised of or should have knowledge of the possibility of
such damages. You hereby acknowledge that this paragraph shall apply to
all content, merchandise and services available through the Website.
No advice or
information, whether oral or written, obtained by you from Essence of
Time, Inc. or through or from the Website shall create any warranty not
expressly stated in the Warranty Policy section of the Website or in
these Terms and Conditions.
Indemnity:
You agree to
indemnify, defend and hold harmless Essence of Time, Inc. and its
affiliates from any claim, demand, loss, liability or expense (including
reasonable attorneys’ fees and court costs), arising from or related to
your breach of these Terms and Conditions, any other terms or policies
of the Website, and/or your violation of any law or the rights of any
third party.
Applicable Law:
By visiting or
using the Website, you agree that the laws of the State of Illinois,
without regard to principles of conflict of laws, will govern these
Terms and Conditions and any dispute of any sort that might arise
between you and Essence of Time, Inc., or any of our affiliates,
clients, co-brand partners or other partners and their respective
directors, officers and employees. You consent and agree that the sole
venue and jurisdiction for any dispute arising from the use of the
Website and/or under these Terms and Conditions shall be the appropriate
state or federal court located in Cook County, Illinois and you consent
to submit to the jurisdiction of such court, agree to accept service of
process by mail, and hereby waive any jurisdictional or venue defenses
available to you.
Privacy Policy:
Essence of Time,
Inc. values your patronage and respects your privacy rights. Because we
understand that you are concerned about your privacy, we have
instituted policies intended to ensure that your personal information is
handled safely and responsibly. As a policy, we do not sell, trade or
rent your personally identifiable information to third parties.
Information Collection:
Generally, you
can browse our Website without providing us with any personally
identifiable information about yourself, such as your name, address,
e-mail address, phone number, or credit card information. When you
voluntarily submit your personally identifiable information to us by
making a purchase from Essence of Time, Inc., you are giving us your
consent to the collection, use and disclosure of your personally
identifiable information, and you understand and agree that we may share
information about you and your transaction with other companies for the
purpose of processing your transaction, including fraud prevention,
vendor direct shipping and credit card authorization. We may also
disclose information when you tell us to do so, to identify or contact
you, to protect your rights or the rights of Essence of Time., Inc. or
as required by law.
Your Account (some portions of the Website require account registration and/or activation):
You agree that
any information you provide in connection with your request for an
account, or in connection with a purchase or other transaction on the
Website or otherwise with Essence of Time, Inc., shall be true,
accurate, current and complete. You are responsible for keeping your
account information current. Essence of Time, Inc. reserves the right
to suspend or terminate your account, and/or refuse any access or use of
the Website (or any portion thereof), if you provide any untrue,
inaccurate, not current or incomplete information, if such information
becomes so at any time, or if Essence of Time, Inc. has reasonable
grounds to believe as much. You are responsible for maintaining the
confidentiality of your account and log-in credentials, and for
restricting access to your computer, and agree to accept responsibility
for all activities that occur under your account and credentials. You
agree to notify Essence of Time, Inc. immediately of any unauthorized
use, or breach of the security, of your account or log-in credentials.
Essence of Time, Inc. reserves the right to refuse service, terminate or
suspend access to the Website and/or accounts (or any portion thereof),
at any time in its sole discretion.
Orders for Products:
Essence of Time,
Inc. may make certain products available to registrants and/or visitors
of the Website. You may only order products if, and you hereby
represent that you are entitled to enter into agreements legally binding
upon you, and in accordance with the “Use By Children Under 18” section
below. You agree to pay in full the prices for any purchases you make
on, by or through the Website, in accordance with Essence of Time’s
payment options, international orders, shipping within the USA, and
international shipments policies. If any credit or debit card payment
is not received from your credit or debit card issuer, or its agents,
you agree to pay all amounts due upon demand by Essence of Time, Inc.
You agree to pay all applicable taxes and/or duties on or in connection
with your order. Without limitation of any of Essence of Time’s other
rights, Essence of Time, Inc. may, in its sole discretion, limit or
cancel quantities per order, person, account household or otherwise.
Accuracy of Information & Product Availability:
We make every
effort to display our current inventory accurately and in timely manner
on the Website. However, due to the fact that search engines (including
but not limited to Google) independently crawl, index, and cache web
pages, search engine results, local business profiles, and map listings
may display outdated information, out-of-stock products, or retired
brand pages that do not reflect our current available inventory.
Limitation of Third-Party Liability:
Essence of Time,
Inc. has no direct control over how third-party search engines index,
display, or update their search results, business profile features, or
customer review matches. We are not liable for any discrepancies,
customer’s confusion, or inconveniences caused by delayed updates,
caching, or automated algorithmic matching performed by third-party
platforms.
Electronic Communications:
When you visit
the Website or communicate with us electronically by sending e-mails,
you consent to receiving communications from us electronically. We will
communicate with you by e-mail or by posting notices on this Website.
You agree that all agreements, notices, disclosures and other
communications we provide to you electronically satisfy any legal
requirement that such communications be in writing.
Cookies & Data Collection Devices:
In some
instances, Essence of Time, Inc. (“TimeResource.com”) may collect
non-personal data through cookies, web logs, and other monitoring
technologies. A cookie is an element of data that frequently contains an
anonymous unique identifier. Such data is sent from the website to your
browser, which may then store it on your system for future use. Our
Website uses cookies to maintain information for your shopping cart and
to facilitate your shopping experience so that you will not need to
continually re-add items to your shopping cart during the same browser
session.
Log Files:
When you visit
this Website, our web server automatically collect anonymous information
such as log data and IP addresses. We may use the automatically
collected information for a number of purposes, such as improving our
site design, product assortments, customer service, and special
promotions.
Use By Children Under 18:
Because we
cannot prohibit minors from visiting the Website, we must rely on
parents, guardians and those responsible for supervising children under
18 to decide which materials are appropriate for such children to view
and/or purchase.
We require that
all purchases be made either (i) by individuals 18 years of age or
older, or (ii) by minors with the permission of their parent or guardian
for such minors to purchase items on the Website and for the collection
by us of certain information in accordance with the terms of our
privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT
WWW.TIMERESOURCE.COM, YOU ARE REPRESENTING TO TIMERESOURCE.COM THAT YOU
ARE EITHER AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR THAT YOU HAVE THE
EXPRESS PERMISSION OF A PARENT OR GUARDIAN FOR YOU TO MAKE PURCHASES AND
FOR US TO COLLECT CERTAIN INFORMATION ABOUT YOU IN ACCORDANCE WITH THE
TERMS OF OUR PRIVACY POLICY.
User Generated Content; Testimonials:
Certain portions
of the Website may permit visitors to publicly post or provide content
to or on the Website (the “User Content”) (e.g., testimonials). Unless
otherwise indicated, Essence of Time, Inc. does not claim ownership of
any User Content. However, you agree that by submitting, transmitting,
uploading, posting or otherwise making available any User Content, you
hereby: (a) grant to Essence of Time, Inc. a worldwide, perpetual,
non-exclusive, royalty-free, transferable and sub-licensable right,
license and permission to use, copy, display, perform or exploit in any
manner such User Content; and (b) represent and warrant that: (i) you
own all rights in and to your User Content, or have acquired all rights,
clearances and permissions necessary to enable you to grant to Essence
of Time, Inc. the rights granted in these Terms and Conditions, (ii) you
have paid and will pay in full all license fees, clearance fees, or any
other financial obligations of any kind, arising from any use or
exploitation of your User Content, (iii) your User Content does not
infringe upon the rights (including but not limited to intellectual
property rights, privacy rights, and publicity rights), or defame or
disparage any third party, or third party product or service, (iv) your
User Content is not offensive, indecent, profane, threatening, abusive,
harassing, discriminatory or hateful, and does not constitute or
encourage any criminal offense, (iv) your User Content shall not
impersonate others, provide any false information, contain any
advertisements or solicitations, promote any product or service
competitive with Essence of Time, Inc., and (v) your User Content
complies with these Terms and Conditions. You acknowledge and agree
that you have no expectation of compensation or confidentiality with
respect to any User Content, and that Essence of Time, Inc. (or its
designees or successors) shall have the right to use, modify, edit User
Content (or refrain from any of the foregoing) at any time and for any
reason, alone or together with other materials, in their sole
discretion. Essence of Time, Inc. reserves the right, but does not have
an obligation, to monitor and/or review User Content. Essence of Time,
Inc. does not endorse or control the User Content transmitted or posted
on the Website; thus, Essence of Time, Inc. is not responsible for User
Content and does not guarantee the accuracy, integrity, or quality of
User Content, which may not reflect the views of Essence of Time, Inc..
Essence of Time, Inc. shall not be liable in any manner for any User
Content, including, without limitation, for any errors or omissions, or
for any loss, damage or injury of any kind arising from or related to
any User Content.
Third Party Content:
The Website may
contain (a) links to other websites not maintained by Essence of Time,
Inc. or (b) information about products or services of third parties.
Essence of Time, Inc. does not independently verify the business
practices of these third parties and makes no warranties on their
behalf. The availability of any link or reference of any third party
shall in no way constitute an endorsement by Essence of Time, Inc. of
such third party. We encourage you when you leave our Website and to
read the terms and conditions of each and every website that you visit.
General Information:
These Terms and
Conditions constitute the entire agreement between you and Essence of
Time, Inc. regarding the use of the Website, superseding any prior
agreements between you and Essence of Time, Inc. relating to your use of
the Website. The failure of Essence of Time, Inc. to exercise or
enforce any right or provision of these Terms and Conditions shall not
constitute a waiver of such right or provision in that or any other
instance.
Severability:
Company Details
