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Terms of Use
The Terms and Conditions of Use set forth
herein apply to the Web sites owned, operated,
licensed, or controlled by
SimplyLuxuryWatches.com.
("SimplyLuxuryWatches.com"). Please Read These
Terms And Conditions Of Use Carefully Before Using
This Web Site. By using this Web site
(collectively, with any other Web site owned,
operated, licensed or controlled by
SimplyLuxuryWatches.com, the
"SimplyLuxuryWatches.com Web Sites"), you signify
your assent to the terms and conditions outlined
in this Terms of Use Agreement ("Agreement") with
respect to the SimplyLuxuryWatches.com Web Sites.
This Agreement constitutes the entire and only
agreement between SimplyLuxuryWatches.com and you,
and supersedes all prior or contemporaneous
agreements, representations, warranties and
understandings with respect to the
SimplyLuxuryWatches.com Web Sites, the content,
products or services provided by or through the
SimplyLuxuryWatches.com Web Sites, and the subject
matter of this Agreement. If you do not agree to
these terms of use, please do not use the
site. We reserve the right, at our
discretion, to change, modify, add, or remove
portions of these terms at any time. Please check
these terms periodically for changes. Your
continued use of the SimplyLuxuryWatches.com Web
Sites following the posting of changes to these
terms will mean you accept those changes.
Restrictions
On Use Of Materials. Unless otherwise noted,
all materials, including images, illustrations,
designs, icons, photographs, video clips, and
written and other materials that are part of the
SimplyLuxuryWatches.com Web Sites are copyrights,
trademarks, trade dress and/or other intellectual
properties owned, controlled or licensed by
SimplyLuxuryWatches.com. You do not acquire
ownership rights to any content, document or other
materials viewed through the
SimplyLuxuryWatches.com Web Sites. No material
from the SimplyLuxuryWatches.com Web Sites may be
copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except
that you may download one copy of the materials on
any single computer for your personal,
non-commercial home use only, provided you keep
intact all copyright and other proprietary
notices. Modification of the materials or use of
the materials for any other purpose is a violation
of SimplyLuxuryWatches.com's copyright and other
proprietary rights. For purposes of these terms,
the use of any such material on any other Web site
or networked computer environment is prohibited.
All trademarks, service marks, and trade names are
proprietary to SimplyLuxuryWatches.com.
Indemnification.
You agree to indemnify, defend and hold
SimplyLuxuryWatches.com harmless from any
liability, loss, claim and expense, including
reasonable attorneys fees, related to your
violation or alleged violation of this Agreement
or use of the SimplyLuxuryWatches.com Web Sites.
Nontransferable.
Your right to use the SimplyLuxuryWatches.com
Web Sites is not transferable. Any password or
right given to you to obtain information or
documents is not transferable.
Jurisdictional
Issues. Unless otherwise specified, the
materials in SimplyLuxuryWatches.com Web Sites are
presented solely for the purpose of promoting the
publication which is available in the United
States, its territories, possessions, and
protectorates. The SimplyLuxuryWatches.com Web
Sites are controlled and operated by
SimplyLuxuryWatches.com from its offices within
the State of California, United States
of America. SimplyLuxuryWatches.com makes no
representation that materials in any
SimplyLuxuryWatches.com Web Sites are appropriate
or available for use in other locations. Those who
choose to access the SimplyLuxuryWatches.com Web
Sites from other locations do so on their own
initiative and are responsible for compliance with
local laws, if and to the extent local laws are
applicable.
Termination.
This Agreement is effective until terminated
by either party. You may terminate this Agreement
at any time by destroying all materials obtained
from any and all SimplyLuxuryWatches.com Web Sites
and all related documentation and all copies and
installations thereof, whether made under this
Agreement or otherwise. This Agreement will
terminate immediately without notice from
SimplyLuxuryWatches.com if in
SimplyLuxuryWatches.com's sole discretion you fail
to comply with any term or provision of this
Agreement. Upon termination, you must destroy all
materials obtained from this
SimplyLuxuryWatches.com Web Sites and all copies
thereof, whether made under this Agreement or
otherwise.
Disclaimer.
The materials in the SimplyLuxuryWatches.com
Web Sites are provided "as is" and without
warranties of any kind either express or implied.
To the fullest extent permissible pursuant to
applicable law, SimplyLuxuryWatches.com disclaims
all warranties, express or implied, including, but
not limited to, implied warranties of
merchantability and fitness for a particular
purpose. SimplyLuxuryWatches.com does not warrant
that the functions contained in the materials will
be uninterrupted or error-free, that defects will
be corrected, or that SimplyLuxuryWatches.com Web
Sites or the server(s) that makes the
SimplyLuxuryWatches.com Web Sites available are
free of viruses or other harmful components.
SimplyLuxuryWatches.com does not warrant or make
any representations regarding the use or the
results of the use of the materials in the
SimplyLuxuryWatches.com Web sites in terms of
their correctness, accuracy, reliability, or
otherwise. No advice or information, whether oral
or written, obtained by you from
SimplyLuxuryWatches.com through the
SimplyLuxuryWatches.com Web Sites shall create any
warranty, representation or guarantee not
expressly stated in this Agreement. You (and not
SimplyLuxuryWatches.com) assume the entire cost of
all necessary servicing, repair, or correction.
Applicable law may not allow the exclusion of
implied warranties, so the above exclusion may not
apply to you.
Limitation
Of Liability. Under no circumstances,
including, but not limited to, negligence, shall
SimplyLuxuryWatches.com be liable for any special
or consequential damages that result from the use
of, or the inability to use, the materials in the
SimplyLuxuryWatches.com Web Sites, even if
SimplyLuxuryWatches.com or an
SimplyLuxuryWatches.com authorized representative
has been advised of the possibility of such
damages. The negation of damages set forth herein
is a fundamental element of the basis of the
bargain between SimplyLuxuryWatches.com and you.
The SimplyLuxuryWatches.com Web Sites and the
materials contained herein would not be provided
without such limitations. Applicable law may not
allow the limitation or exclusion of liability or
incidental or consequential damages, so the above
limitation or exclusion may not apply to you. In
no event shall SimplyLuxuryWatches.com's total
liability to you for all damages, losses, and
causes of action (whether in contract, tort
(including, but not limited to, negligence), or
otherwise) exceed the amount paid by you, if any,
for accessing this site or any other
SimplyLuxuryWatches.com Web Sites.
Not
Legal Advice. The information contained at
this Web site and any other
SimplyLuxuryWatches.com Web Sites has been
prepared by SimplyLuxuryWatches.com as a service
to its readers and the Internet community and is
not intended to constitute legal advice.
SimplyLuxuryWatches.com has used reasonable
efforts in collecting, preparing and providing
quality information and material, but does not
warrant or guarantee the accuracy, completeness,
adequacy or currency of the information contained
in or linked to the SimplyLuxuryWatches.com Web
Sites. Users of information from the
SimplyLuxuryWatches.com Web Sites or links do so
at their own risk.
Links
To Other Web Sites And Services. To the extent
that the SimplyLuxuryWatches.com Web Sites
contains links to outside services and resources,
SimplyLuxuryWatches.com does not control the
availability and content of those outside services
and resources. Any concerns regarding any such
service or resource, or any link thereto, should
be directed to the particular service or resource.
You agree that the use of such outside services
and resources is at your sole risk and is without
warranties of any kind by SimplyLuxuryWatches.com,
expressed, implied or otherwise including
warranties of title, fitness for purpose,
merchantablity or non-infringement. Under no
circumstances is SimplyLuxuryWatches.com liable
for any damages arising from the transactions
between you and the providers of these outside
services and resources or for any information
appearing on linked Web sites. Use of Information.
SimplyLuxuryWatches.com reserves the right, and
you authorize SimplyLuxuryWatches.com, to the use
and assignment of all information regarding
SimplyLuxuryWatches.com Web Site uses by you and
all information provided by you in any manner
consistent with SimplyLuxuryWatches.coms Privacy
Policy.
Other.
This Agreement shall be governed by and
construed in accordance with the laws of the State
of New York without regard to conflict of laws
principles. You agree that any action at law or in
equity arising out of or relating to this
Agreement shall be filed only in the state or
federal courts located in New York County and you
hereby consent and submit to the personal
jurisdiction of such courts for the purposes of
litigating any such action. Any cause of action by
you with respect to the SimplyLuxuryWatches.com
Web Sites (and/or any information, products or
services related thereto) must be instituted
within one (1) year after the cause of action
arose or be forever waived and barred. If any
provision of these terms shall be unlawful, void,
or for any reason unenforceable, then that
provision shall be deemed severable from these
terms and shall not affect the validity and
enforceability of any remaining provisions.
The
language in this Agreement shall be interpreted as
to its fair meaning and not strictly for or
against either party. This is the entire agreement
between us relating to the subject matter herein
and shall not be modified except in writing,
signed by both parties. To the extent that
anything in or associated with the
SimplyLuxuryWatches.com Web Sites is in conflict
or inconsistent with this Agreement, this
Agreement shall take precedence.
SimplyLuxuryWatches.coms failure to enforce any
provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to
enforce such provision.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED
"AS IS," WITHOUT WARRANTY OF ANY KIND.
SimplyLuxuryWatches.com DISCLAIMS ANY WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL
LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING
THE EXCLUSION OF IMPLIED WARRANTIES.
SimplyLuxuryWatches.com ALSO ASSUMES NO
RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY
DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR
COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF
YOUR USE OF THE SERVICES OR YOUR ACCESS TO, USE
OF, OR BROWSING IN THE SimplyLuxuryWatches.com WEB
SITE, ANY LINKED SITES, OR YOUR DOWNLOADING OF ANY
MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO
FROM THEREFROM.
SimplyLuxuryWatches.com
Potential Liability for the Services is Limited
SimplyLuxuryWatches.com MAKES
NO REPRESENTATION ABOUT THE SUITABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER
HARMFUL COMPONENTS AND ACCURACY OF THE SERVICES,
THE SimplyLuxuryWatches.com WEB SITE, THE LINKED
SITES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, OR
SERVICES CONTAINED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES ARE PROVIDED AS IS. NEITHER
SimplyLuxuryWatches.com NOR ANY OF ITS OFFICERS,
DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES,
EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS
OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED
TO FOR LOSS OF USE, DATA, OR PROFITS) ARISING OUT
OF OR IN ANY WAY CONNECTED WITH USE OR PERFORMANCE
OF THE SERVICES, THE SimplyLuxuryWatches.com WEB
SITE, OR LINKED SITES, OR INABILITY TO GAIN ACCESS
TO OR USE THE SERVICES, THE
SimplyLuxuryWatches.com WEB SITE, OR LINKED SITES,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR OTHERWISE, EVEN IF
SimplyLuxuryWatches.com CLICKS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES.
SimplyLuxuryWatches.com WILL NOT BE LIABLE FOR ANY
MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE
SERVICES (LINKED SITES) OR FOR INFORMATION
CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT
NOT LIMITED TO DIRECTORY LISTINGS. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, THE RESPECTIVE LIABILITY OF
SimplyLuxuryWatches.com , ITS EMPLOYEES, AGENTS,
SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR
SERVICE PROVIDERS IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY SUCH STATE LAW.
Although
SimplyLuxuryWatches.com may from time to time
monitor or review the Linked Sites,
SimplyLuxuryWatches.com is under no obligation to
do so and assumes no responsibility or liability
arising from the content of any of those Linked
Sites, or for any error, defamation, libel,
slander, omission, falsehood, obscenity,
pornography, profanity, danger, or inaccuracy
contained in any information within any of those
Linked Sites. You are prohibited from posting or
transmitting any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material or any material
that could constitute or encourage conduct that
would be considered a criminal offense, give rise
to civil liability, or otherwise violate any law.
LIMITATION OF COMPANY'S
LIABILITY.
The aggregate liability of
SimplyLuxuryWatches.com to you for all claims
arising from the Web Site and/or the use of the
Materials or Products is limited to
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