Terms & Conditions

Please carefully read the following Terms of Use before using the Timex.com Website (the "Site"). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. When we make changes, we will post them here. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.

This website is operated by Timex.com, Inc. ("Timex"). Throughout the Site and these Terms of Use, the terms "we", "us" and "our" refer to Timex. Timex offers this Site, including all information, content, materials, tools, products and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, statements and notices stated here. Your continued use of this Site constitutes your agreement to these Terms of Use.

PRIVACY
We respect your privacy. Our Privacy Statement, located at PRIVACY POLICY, is incorporated into and forms a part of these Terms of Use and is part of our agreement with you. Please read our Privacy Statement carefully as it describes, among other things, how we collect, use, share, transmit, transfer and secure information obtained when you access and use our Site.

USE OF MATERIAL ON THE SITE
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Timex, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Timex or Timex Group (defined below), is expressly prohibited. Timex reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. Timex, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Timex’s sole discretion. Timex neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Timex.

You or third parties acting on your behalf may not: (i) use contact information provided on the Site for unauthorized purposes, including marketing; (ii) use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site; (iii) interrupt or attempt to interrupt the operation of the Site in any way; (iv) frame this Site or use Timex Group’s proprietary marks, or any mark, word, term or slogan likely to be confused therewith, as meta tags or anything else, without our duly authorized prior written consent; (v) use frames or utilize framing techniques or technology to enclose any content included on the Site; or (vi) utilize any Site content in any meta tags or any other "hidden text" techniques or technologies.

Timex reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination and are fully responsible for all of our costs for collection of any such charges or other liabilities. Termination of your access or use will not waive or affect any other right or relief to which Timex or Timex Group may be entitled, at law or in equity. Timex reserves all rights not expressly granted in and to the Site and its content.

TRADEMARKS AND COPYRIGHT
All Timex trademarks, trade names, logos, slogans, service marks, service names, product names, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of Timex Group USA, Inc. or its affiliates or each of its/their respective ultimate corporate parent (collectively, “Timex Group”). Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise expressly described herein. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries. The use (except as permitted herein) or misuse of the trademarks, copyrights or any other intellectual property of Timex Group is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy laws and publicity and communications regulations and statutes. Please be advised that Timex Group actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

MERCHANDISE AVAILABILITY
Timex prides itself in providing exclusive, quality merchandise. Availability of merchandise may vary on Timex.com. Some featured items may be available only in limited quantities or only while supplies last. Once an item is no longer available or out of stock, we may attempt to, respectively, remove the item promptly from display on Timex.com or list it as “out of stock.” Display of an item on Timex.com is not a guarantee that the item is currently available or in stock or that it will be available on our Site when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to our Site or if you have any questions concerning the availability of a particular item, please contact our Customer Services group via email at custserv@timex.com or calling 1-888-727-2931 or via mail to: TIMEX GROUP CUSTOMER SERVICE, 555 Christian Road, Middlebury, Connecticut 06762. We will make every commercially reasonable effort to fulfill your requests whenever possible.

MERCHANDISE DISPLAY
Timex will make every reasonable effort to display its merchandise on Timex.com as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. Timex is not responsible for the display of any color, texture or detail of its merchandise on your computer screen and cannot guarantee the accuracy thereof. However, if you are dissatisfied with any item you purchase from Timex.com, you can return or exchange it to us. For more information regarding Timex’s return and exchange policy and procedures, please visit the CUSTOMER SERVICE page on our Site.

ORDERS, PROHIBITION ON RESELLING, AND PRICE
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

YOUR ACCOUNT
When and if you use the Site, it shall be your sole responsibility to provide true, accurate, current and complete information about yourself and maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you created on the Site (the "Account"), and for restricting access to your computer(s). You also agree to accept sole responsibility for any and all activity that occurs under your Account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your e-mail address, password and any other account identifiers related to any personal account you created on the Site, notify Timex immediately. Timex may assume that any communications Timex receives under your e-mail address, password and any other account identifiers related to any personal account you created on the Site have been made by you unless Timex receives notice otherwise.

USER SUBMISSIONS
Any comments, suggestions, ideas, materials and other submissions ("User Submissions") that you send, provide or convey to or on behalf of Timex are provided on a non-confidential and non-proprietary basis. All User Submissions become the exclusive property of Timex and/or Timex Group. Timex and Timex Group may use any Submission without restriction and User shall not be entitled to any compensation. To the extent ownership of a User Submission is not automatically transferred to Timex, by submitting User Submissions, you are granting Timex and Timex Group an irrevocable, royalty-free, perpetual, worldwide, and fully sub-licensable license to reproduce, publish, modify, adapt, translate, creative derivative works from, and otherwise use in whole or in part your User Submissions for any purpose in any media, whether now known or hereafter invented, for any purpose (including for commercial or promotional purposes). You grant Timex and Timex Group the right to use your name and likeness in connection with any such use of User Submissions made by you, but we will not be obligated to identify or attribute you in connection with any such use. You also agree that we will be free to use any ideas, concepts, know-how or techniques contained in any User Submissions for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products which incorporate or otherwise rely upon that information, without notifying or providing any further compensation to you.

You represent that no User Submission made by you to the Site violates any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further represent that no User Submissions made by you to the Site will be or contain material that is offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, 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, violate the security of the Timex websites or would otherwise violate the law. You agree that you will remain responsible for the content of any User Submissions you make and that you or any party acting through you will not seek to hold Timex or Timex Group liable for the User Submissions of others.

We may review, remove, reject, or revise User Submissions at any time, without prior notice, and in our sole discretion. We may remove, reject, or revise content that we believe violates these Terms of Use, is otherwise objectionable, or for any other reason and in our sole discretion without prior notice.

LINKS TO OTHER WEBSITES
When you access a non-Timex website, please realize that it is independent of Timex. Linking to any off-site pages is at your own risk. Timex makes no warranties or representations about any non-Timex website and has no responsibility or liability to you for such websites or their content. In addition, certain third-party sites may also provide links to Timex websites. None of such links should be deemed to imply that Timex endorses such third-party websites or any content therein.

SMS MESSAGING
By consenting to Company’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Time through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Timex. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt out of the Service at any time. Text the single keyword command STOP to +1 (844) 460-1897 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Timex mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (844) 460-1897 or email custserv@timex.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

ACCURACY, COMPLETENESS AND TIMELINESS ON INFORMATION ON THIS SITE
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time (including after you have submitted your order), but we have no obligation to update any information on the Site. You agree that it is your sole responsibility to monitor changes to the Site.

USAGE BY CHILDREN UNDER 13
This site is offered and available to users who are 13 years of age or older. However, Timex.com, Inc. cannot prohibit minors from visiting this Site. Timex.com, Inc. 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 purchase (in any area of this Site). Timex.com, Inc. requires that all purchases be made either (i) by individuals 13 years of age or older, or (ii) by minors under 13 through a Timex.com, Inc. authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site 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 timex.com, YOU ARE REPRESENTING TO timex.com INC THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH A TIMEX.COM INC AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS, AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.

INDEMNITY
You agree to promptly defend, indemnify and hold Timex and Timex Group, its directors, officers, employees, agents, licensors, service providers, subcontractors, suppliers and representatives (collectively, the “Indemnified Parties”) harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' and professionals’ fees and court costs as incurred, (collectively, starting with the word “losses”, “Claim”) in any way arising from, related to or in connection with your use of the Site, your violation of these Terms of Use or the posting or transmission of any materials on or through the Site by you. You shall not, without the prior written consent of the Indemnified Parties, settle or compromise any Claim, or permit a default or consent to the entry of any judgment in respect thereof, unless such settlement, compromise, or consent includes, as an unconditional term thereof, the giving by the claimant to the Indemnified Parties an unconditional release from all liability in respect of such Claim. The Indemnified Parties reserve the right, at its/their own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Indemnified Parties in the defense of such matter.

DISCLAIMER
Your use of this site is at your sole risk. The site is provided on an "as is" and "as available" basis. Timex and Timex Group expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that content and materials on the Site are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the Site will be uninterrupted or error-free; that the Site will be secure; that the Site or the server that makes the Site available will be virus-free; or that information on the Site will be complete, accurate or timely. If you download any content or materials from this Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content and materials. No advice or information, whether oral or written, obtained by you from Timex or Timex Group or through or from the Site shall create any warranty of any kind. Timex and Timex Group do not make any warranties or representations regarding the use of the content and materials on this Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

LIMITATION OF LIABILITY
You acknowledge and agree that: (i) you assume full responsibility for your use of the Site(ii) any information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorized parties; (iii) your use of the Site is at your own risk; and (iv) the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, the indemnified parties shall not be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the Site, or any other site you access through a link or conduit from this Site or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the site, or for any information, products or services advertised in or obtained through the Site, Timex’s removal or deletion of any materials submitted or posted on its Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or otherwise, even if the indemnified parties have been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that the indemnified parties shall not be liable for any defamatory, offensive or illegal conduct of any user of the Site. Your sole and exclusive remedy for any of the above claims or any dispute with the indemnified parties is to discontinue your use of the Site. You and Timex agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.

JURISDICTION AND APPLICABLE LAW
Our Site is based in the United States of America (“U.S.A.”). If you access this Site from outside the U.S.A., you do so on your own initiative, at your own risk, and accept total responsibility for your conduct. These Terms of Use shall be governed, construed and enforced according to the laws of the State of Connecticut, U.S.A., without giving effect to: (i) Connecticut’s conflict of laws provisions; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna on April 11, 1980. You expressly agree that the exclusive jurisdiction for any claim or action arising from or relating to these Terms of Use of this Site shall be in state or federal court located in Connecticut, U.S.A., and you further agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action and expressly waive any objection to that venue. You also agree to comply, at your expense, with all applicable local, state, federal and international laws and regulations, including, but not limited to, U.S.A. export restrictions that relate to your use or activities on this Site. To the fullest extent permitted by law, the controlling language, at all times, for these Terms and Conditions is English.

CHANGES TO THESE TERMS OF USE
We reserve the right, in our sole discretion, to change, modify or otherwise alter these Terms of Use at any time by posting revised terms on the Site. Please review the terms of use periodically because it is your sole responsibility to check for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies or statements will constitute your acceptance.

SALES AND USE TAX NOTIFICATION
Timex collects sales tax on shipments to customers located in certain states. Your purchase is not exempt merely because the purchase is made over the internet, by catalog, or by other means for which you did not pay sales tax. Your state may require you to report any purchase that was not taxed by Timex and pay use tax on the purchase. Depending on your state’s filing requirements, the tax may be reported and paid on your state individual income tax return or by filing a consumer use tax return. Additional information on sales and use tax reporting and payment requirements can be found on the Department of Revenue website for your state.  By providing your email address to Timex at the tie of order placement, you agree to receive any use tax notifications as required by Timex by various states at the time of your order.

ENTIRE AGREEMENT AND ADMISSIBILITY
These Terms of Use and any policies, statements, notices or operating rules (individually and collectively, starting with the term “Terms of Use”, the “Entire Agreement”) posted on this Site constitute the entire agreement and understanding between you and Timex with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of the Entire Agreement shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

MISCELLANEOUS
The waiver of any provision of the Entire Agreement shall not be considered a waiver of any other provision or of Timex's or Timex Group’s right to require strict observance of each of the terms herein or therein. If any provision of the Entire Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. The Entire Agreement does not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Parties, there are no third-party beneficiaries of these terms of use. The Entire Agreement is personal to you and you may not transfer, assign or delegate it to anyone without the express written permission of Timex. Any attempt by you to assign, transfer or delegate the Entire Agreement without the express written permission of Timex will be null and void. Timex and Timex Group have the right to transfer, assign and delegate the Entire Agreement to one or more third parties without your permission.

ACKNOWLEDGEMENT
You acknowledge that the Entire Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and/or receipt of data, content, materials and information available at or through the Site.

Last updated January 23, 2023.