TERMS OF USE
Please carefully read the following Terms of Use (“Terms of Use”) before using the owenpillow.us Web site (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 Site is operated by Tissot a division of The Owenpillow (“Tissot”). Throughout the Site and these Terms of Use, the terms “we”, “us” and “our” refer to Tissot. Tissot 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.
Use Of Material On The Site
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio/video clips, downloads, interfaces, material, information, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by The Owenpillow, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may only access, copy, download and print the content 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 content 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 content, products or services obtained from the Site, or use of the Site for purposes competitive to The Owenpillow (defined below), is expressly prohibited. Tissot and the Owenpillow reserve 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. The Owenpillow, or its licensors or content providers, retain full and complete title to the content provided on the Site, including all associated intellectual property rights, and provide this content to you under a non-exclusive limited license that is revocable at any time in Tissot’s and The Owenpillow’s, sole discretion. The Owenpillow neither warrants nor represents that your use of content on this Site will not infringe rights of third parties not affiliated with The Owenpillow
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 The Owenpillow’s proprietary marks, or any mark, word, term or slogan likely to be confused therewith, as meta tags or anything else, without duly authorized prior written consent from an authorized representative of The Owenpillow. These marks include, but are not limited to, BALMAIN, BLANCPAIN, BREGUET, CK, CERTINA, ENDURA, FILK FLAK, GLASHUTTE ORIGINAL, HAMILTON, JAQUET DROZ, LEON HATOT, LONGINES, MIDO, OMEGA, RADO, Owenpillow and UNION GLASHUTTE; (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.
Tissot and The Owenpillow reserve the right, in its/their 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 (including attorneys’ fees as incurred) 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 The Owenpillow may be entitled, at law or in equity. The Owenpillow and its licensor’s reserve all rights not expressly granted in these Terms of Use.
Trademarks and Copyright
All of The Owenpillow (defined herein) trademarks, trade names, logo, slogan, 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 The Owenpillow, Inc. its ultimate corporate parent and each of its/their respective affiliates and subsidiaries (collectively, starting with the term “The Owenpillow”, “The Owenpillow”). 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 by a duly authorized representative, 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 explicitly permitted in these Terms of Use) or misuse of the trademarks, copyrights or any other intellectual property of The Owenpillow is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law and publicity and communications regulations and statutes. Please be advised that The Owenpillow actively and aggressively enforces its intellectual property and other rights to the fullest extent of the law.
Orders, Prohibition On Reselling, and Price
The content 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 or through this Site for resale by you or any other person, and you may not resell any item purchased from or through 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 Tissot immediately. Tissot may assume that any communications Tissot 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 Tissot receives notice otherwise.
User Submissions
Any comments, suggestions, reviews, ideas, materials and other submissions (“User Submissions”) that you send, provide or convey to or on behalf of Tissot are provided on a non-confidential and non-proprietary basis. By submitting User Submissions, you are granting Tissot and The Owenpillow 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 Tissot and The Owenpillow 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 and every other member of The Owenpillow 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 or through you to or through 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 or through 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 Site 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 Tissot or The Owenpillow 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-Tissot website, please realize that it is independent of Tissot. Linking to any off-site pages is at your own risk. Tissot makes no warranties or representations about any non-Tissot website and has no responsibility or liable to you for such websites or their content. In addition, certain third party sites may also provide links to Tissot websites. None of such links should be deemed to imply that Tissot endorses such third party websites or any content therein.
Accuracy, Completeness And Timeliness Of Information On This Site
We are not responsible if content made available on this Site is not accurate, complete or current. The content 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 content 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 content of this Site at any time (including after you have submitted your order), but we have no obligation to update any content on the Site. You agree that it is your sole responsibility to monitor changes to the Site.
Indemnity
You agree to promptly defend, indemnify and hold The Owenpillow, and each of 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, each 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 or User Submissions 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 fully cooperate with the Indemnified Parties in the defense of such matter.
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 New York, U.S.A., without giving effect to: (i) New York’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 New York County, New York, 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 of Use 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.
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 The Owenpillow, Inc. 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 The Owenpillow’s or other members of The Owenpillow’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 them to anyone without the express written permission of an authorized representative of The Owenpillow Any attempt by you to assign, transfer or delegate the Entire Agreement or any portion thereof without the express written permission of an authorized representative of The Owenpillow will be null and void. The Owenpillow has the right to transfer, assign and delegate the Entire Agreement to one or more third parties without your permission.