Terms and Conditions

These Terms and Conditions (“Agreement”) are between you and Nooka Inc. (“Company”). In consideration of the right to access and use the websites located at the Universal Resource Locator Addresses nooka.com, nookawatch.com, fairylaborunion.com, fairyunion.com, fairylabor.com, berrymatch.com or matthewwaldman.com (each, the “Site” or the “Website”), and receive the Products offered through the Website, you agree to the terms and conditions of use set forth in this Agreement and acknowledge that you are at least 18 years of age. YOUR USE OF THE WEBSITE AND THE PRODUCTS SOLD THEREON CONSTITUTES YOUR ACCEPTANCE OF THIS AGEEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. This Agreement applies to the products currently offered by the Company and any products that the Company may choose to offer in the future (collectively, the “Products”).

RETURNS AND EXCHANGE POLICY

watches: customer satisfaction is our goal. customer may receive fullrefund if the watch is returned in its original condition within 14 days after purchase. only the cost of the watch itself will be refunded. if the watch is returned in its original condition within 30 days after purchase, customer may receive a replacement item or store credit. defective merchandise is covered by our manufacturers warranty for a period of 90 days after purchase. for all inquiries regarding returns and defective items, please email service[at]nooka.com before sending your watch to us, in order to verify the correct local shipping address and ensure timely processing of your request. after the 90 day warranty period, we offer repair services on watches. please check nooka.com/service regularly for known issues, fixes and FAQs. we reserve the right to replace defective merchandise with similar models. watch bands are not covered by this policy if returned later than 30 days after purchase or if they exhibit wear-and-tear on return.

t-shirts: t-shirts are returnable only if they have not been worn and only within 14 days after purchase.

NOTE ON DELIVERY TO NON-US ADDRESSES

The FEDEX charges on our site cover freight only. Duty and taxes may be assessed by your local customs office, and are NOT included in the charge from our site. You may receive a separate bill for these additional taxes.

Nooka Content

The Website presents information and content, including but not limited to text, graphics, software applications, game engines, video and audio files and photos, other than User Content (as defined below), as well as the compilation thereof ("Content"), that is owned or licensed by the Company, its parents, subsidiaries, affiliates and assigns (collectively, "Nooka"). The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Nooka. When used in these Terms and Conditions, "we", “us” and "our" mean Nooka.

Products

Through the Website, you may be able to purchase from Nooka the Products. Nooka reserves the right to change, suspend and discontinue any aspect of the Products at any time, including but not limited to the nature of the Products offered, databases, hours of availability, and equipment or software needed for access or use. Nooka has no control over your use of the Products. Nevertheless, Nooka reserves the right to prevent you from using the Website for any reason, in its sole discretion. You agree that you are solely responsible for all fees, taxes and expenses which may be incurred through your use of the Website and purchase of the Products.

Blogs and Bulletin Boards

Nooka may provide original and third party information on the Website. In some circumstances you may be permitted to comment on, as well as post, transmit or submit messages and other materials which may include uploading files, inputting data or any other materials or engaging in any form of communication in connection with the Site (collectively, "Messages") to, Blogs and Bulletin Boards and other public areas within, or in connection with, the Site (collectively, "Forums"). However, Nooka accepts no responsibility whatsoever in connection with or arising from such Messages. In addition, children under the age of 18 are not authorized to post messages or participate in forums on the Site.

Nooka does not endorse and has no control over the content of Messages submitted by you or others to Forums. Messages submitted to Forums are not necessarily reviewed by Nooka prior to posting and do not necessarily reflect the opinions or policies of Nooka. Nooka makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Nooka reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.

Nooka assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Nooka chooses, in our sole discretion, to monitor the Forums, Nooka nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Nooka shall accept no liability if we prevent, in our sole discretion, your Messages from being submitted or if we edit, restrict or remove your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for such user’s personal use and not to restrict or inhibit the use of the Site by any other person.

You agree that any Message whatsoever submitted by you becomes the property of Nooka and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Nooka sees fit. You hereby assign to Nooka, without being entitled to any compensation or royalties, all rights, title and interest in and to the Messages you post on Forums. By submitting Messages to Forums, you represent to Nooka that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner, and that you have the authority to assign to Nooka all rights, title and interest in and to the Messages you post on Forums.

You agree to release Nooka, its contractors and affiliates together with their respective employees, agents, officers, directors, members and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

Limitation of Use

You agree that you will not submit Messages to Forums that:

Ownership and Use of Content

All of the Content on the Website is owned or licensed by Nooka, and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. The use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of Nooka. Please contact us at info[at]Nooka.com with any licensing inquiries.

By engaging in any form of communication on or through the Website including but not limited to the use of the Forums, email, or other Website services (the "Communications"), you hereby grant Nooka a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit such Communications solely for the purpose of providing Products to you. You hereby waive all rights to any claim against Nooka for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You further represent that all Communications do not infringe upon any intellectual proprietary rights of third parties. You acknowledge that Nooka has detrimentally relied upon this representation. Accordingly, you further agree to indemnify Nooka from any claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against the Nooka in connection with such Communications.

DMCA

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information: (a) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Site; (d) The name, address, telephone number, and email address of the complaining party; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and (f) A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to this Agreement, should be sent to:

Fridman Law Group, PLLC, 185 Varick Street, Suite 505, New York, NY 10014

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.

Trademarks

Nooka and third party trademarks and service marks may or may not be designated as such from time to time on the Site through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines posted on the Site, whether or not designated by such symbols, including, but not limited to, use as metatags or in any other fashion without the express prior written permission of Nooka.

Security

For your protection, we may require the use of encryption technologies for certain types of transactions and communications conducted through the Website. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. In connection with your use of the Website, you may establish or otherwise receive from us user IDs, passwords and other security codes ("User Codes") that you may need in order to access and use certain portions of the Website. You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Nooka is under no duty to inquire as to the authority or propriety of any instructions given to us via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Nooka shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Nooka harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the Website. Nooka reserves the right to block access to the Website for any reason. You also agree to immediately notify Nooka if you:

Finally you acknowledge and agree that you will not: (i) collect or store personal data about other users of the Website, or (ii) upload, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file, or communications equipment that is owned, leased or used by Nooka.

E-Mail

Certain portions of the Website may offer you the ability to e-mail a message to Nooka. E-mail functionality, if any, is provided to you only to facilitate communications between you and the Website. Nooka shall have no liability for any delay, loss or damage that may result from your use of such e-mail tools or from interception and/or unauthorized use by third parties of any information you send by e-mail. For information regarding Nooka’s use of your e-mail address, please review our Privacy Policy.

Children

The Website does not intend to market any Products to anyone under the age of 18. Nooka does not knowingly gather or solicit data from anyone under the age of 18 through the Website for marketing purposes.

Non-U.S. Residents

The Website does not intend to market any products or Products to those residing outside of the United States of America. Nooka does not knowingly gather or solicit data from non-U.S. residents through the Website for marketing purposes.

Availability

Not all of the Products described on the Website are available in all geographic areas. You may not be eligible for all of the described Products and we reserve the right to determine the eligibility of any user for any product or service. The information provided on the Website is not directed at, or intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject Nooka or its affiliates to any registration requirement within such jurisdiction or country.

NO WARRANTY

THE PRODUCTS, CONTENT AND THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,. FURTHERMORE, NOOKA MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY CONTENT OR PRODUCTS, THE RESULT THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY PRODUCTS, THE ACCURACY OR RELIABILITY OF ANY CONTENT OR OTHER INFORMAITON OBTAINED THROUGH THE WEBSITE, ANY CONTENT, GOODS OR PRODUCTS OFFERED, PURCHASED OR OBTAINED THROUGH THE WEBSITE, OR THAT THE WEBSITE, CONTENT OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIME SECURE OR ERROR-FREE. USER UNDERSTANDS AND EXPRESSLY AGREES THAT THE USE OF THE PRODUCTS AND THE WEBSITE AND ALL THEIR CONTENTS IS AT YOUR SOLE RISK, THAT ANY AND ALL MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE PRODUCTS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PORPERTY OR ANY THIRD PARTY OR THIRD PARTY’S PROPERTY THAT RESULTS FROM THE USE OF THE WEBSITE OR PRODUCTS. NOOKA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE PRODUCTS IN TERMS OF THE CORRECTNESS OR ACCURACY OF ANY CONTENT, THE RELIABILITY OF ANY PRODUCTS OR OTHERWISE. THE WEBSITE AND THE PRODUCTS COULD BECOME INACCURATE OR INEFFECTIVE AS A RESULT OF DEVELOPMENTS OCCURRING OR CHANGES MADE AFTER PUBLICATION OF THESE TERMS AND CONDITIONS OR ANY OTHER CONTENT. NOOKA UNDERTAKES NO OBLIGATION TO KEEP ANY SUCH INFORMATION, CONTENT OR PRODUCTS CURRENT. NOOKA IS NOT RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE WEBSITE OR THE PRODUCTS OR THE OPERATION OF SUCH WEBSITE OR PRODUCTS. YOU (AND NOT NOOKA) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THE WEBSITE OR USING THE PRODUCTS.

NOOKA SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES INVOLVING USER INFORMATION.

TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT AND PRODUCTS ACCESSIBLE ON THE WEBSITE, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS OF THE WEBSITE AND THE PRODUCTS ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

NO LIABILITY.

IN USING THE WEBSITE AND THE PRODUCTS, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD NOOKA LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE AND THE PRODUCTS (OR ANY OTHER LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITE OR PRODUCTS OR YOUR USE THEREOF, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. NOOKA SHALL NOT BE LIABLE EVEN IF NOOKA OR AN AUTHORIZED REPRESENTATIVE OF NOOKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES SHALL NOOKA BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE 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 NOOKA'S RECORDS, PROGRAMS, OR PRODUCTS. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND PRODUCTS AVAILABLE THROUGH THE NOOKA WEBSITE.

EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT WILL NOOKA’S LIABILITY EXCEED THE FEES WHICH HAVE BEEN COLLECTED OR $500, WHICHEVER IS LESS. THE PAYMENT OF THIS AMOUNT SHALL BE NOOKA’S SOLE AND EXCLUSIVE LIABILITY REGARDLESS OF WHETER LOSS OR DAMAGE IS CAUSED BY THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDER THIS CONTRACT OR BY NEGLIGENCE, ACTIVE OR OTHERWISE, OF NOOKA, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST COMPANY MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION HEREOF.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, NOOKA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

(a) You agrees to indemnify, defend and hold harmless Nooka, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys' fees, costs and expenses) that result from, arise out of or are in anyway connected with your use of the Products or Website, your breach of the terms of this Agreement, or your infringement, or infringement by any other person using your account, of any intellectual property or other right of any person or entity. The terms of this Agreement will inure to the benefit of the Nooka’s successors, assigns and licensees. (b) The Products, the Website and all related products are designed for personal and legal uses only. It is your responsibility to comply with all federal, state and local laws, rules and ordinances when using the Products, the Website and all related products. You shall indemnify and hold harmless Nooka, its affiliates, officers, directors, employees, consultants, agents and representatives for any and all claims, actual or threatened, actions, damages, liabilities, costs and expenses (including reasonable attorneys' fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Products, the Website and all related products. (c) You covenant to cooperate fully in the defense of any claim. (d) Nooka reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Nooka.

Prices and Payments

(a) Some of the Content and/or Products may be offered to you conditioned on your purchase of a subscription. If you agree to subscribe, you further warrant and agree that all information that you submit is true and accurate (including without limitation, your credit card number and expiration date), and you shall pay all charges or fees to your account, including all applicable taxes, in accordance with the billing terms that were in effect at the time the charges or fees became payable. Nooka reserves the right to change the amount of, or the basis for determining, any charges or fees for the use of the Website or Products and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you). You must provide Nooka with valid credit card information. (b) Your subscription will be renewed automatically either on a month to month or yearly basis depending on the original Agreement between you and Nooka. (c) If your credit card is not valid, or if your credit card can not be processed at the time of the renewal charge, Nooka reserves the right to immediately terminate or suspend your access to the Website and Products, thereby terminating this Agreement and all of Nooka's obligations hereunder or, or in addition, to charge you an administrative processing fee equal to 5% of the total billable amount. (d) The term of this Agreement shall commence when you first visit the Website or use the Products and shall apply to all of your subsequent visits and uses. Nooka may, with or without cause, immediately terminate this Agreement, and deny you access to the Website and/or the Products in its sole discretion. Without limiting the foregoing, Nooka has the right to immediately terminate any passwords or accounts created by you in the event that you breach this Agreement or engage in conduct that Nooka, in its sole discretion, considers unacceptable. If this Agreement is terminated, you will no longer be authorized to access any areas of the Website. In the event of termination, the restrictions imposed on you with respect to material uploaded to or downloaded from the Website, the disclaimers, limitations of liabilities and indemnification set forth in this Agreement, shall survive and all fees and payments shall be non-refundable. Any and all terms which by the nature should survive the expiration or termination of this Agreement for any reason, including but not limited to provisions dealing with limitation of Nooka’s liability, disclaimer of warranty and intellectual property ownership, shall so survive.

Breach

Nooka may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership if you breach this Agreement or if Nooka is unable to verify or authenticate any information you have provided. Nooka’s failure to act with respect to a breach by you or others does not constitute a waiver of Nooka's right to act with respect to subsequent or similar breaches. Without limiting any other rights Nooka has, you understand and acknowledge that Nooka, in its sole discretion, may pursue legal and/or equitable relief against you if you breach or threaten to breach this Agreement.

Additional Information

All information, ideas, concepts and communications, including personal information, submitted to Nooka through the Website or any related Nooka Website is the property of Nooka. Nooka shall be free to use any ideas, concepts, know-how or techniques that you may submit to or through the Website for any purpose, including but not limited to, improving our Products. We shall not be subject to any obligations of confidentiality regarding any submitted information except as specified in Nooka's Privacy Policy, as set forth in any additional terms and conditions relating to specific Products, or as otherwise specifically agreed to by us in writing or required by law.

Changes

The Content on the Website and this Agreement are subject to change and updating by Nooka and our affiliates, partners, contractors, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of the Website constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Privacy

Please click here for our Privacy Policy.

Applicable Law

The laws of the State of New York will govern these Terms and Conditions, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to these Terms and Conditions. Persons who access the Website do so on their own initiative, and are responsible for compliance with applicable local laws and regulations.

Jurisdiction

Any claim or controversy arising out of or related to the Privacy Policy or these Terms & Conditions shall be settled in the courts of competent jurisdiction in New York, NY. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude us from seeking any injunctive relief in courts of competent jurisdiction located in other countries for protection of our intellectual property rights.

General

These Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to the Website, including the fees associated with the equipment necessary to access the Internet and the fees charged by your Internet service provider.

Additional Services

Watch Repairs and elective service

Even though watches and batteries are not covered in the above warranty, we offer repair and battery/band replacement services. For these services, the customer is responsible for parts and labor plus shipping and handling.