By accessing, browsing or using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws, rules and regulations. The material provided on this Site is protected by law, including but not limited to the copyright and trademark law of the United States and international treaties. This Site is controlled and operated by ESQ SWISS Watches, a division of Movado Group, Inc. ("MGI"), from its offices within the United States.
Copyrights and Trademarks
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MGI or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MGI and protected by United States and international copyright laws. All software used on this site is the property of MGI or its software suppliers and protected by United States and international copyright laws.
All trademarks related to any and all MGI products and services referenced or appearing on this Site are registered trademarks either owned by or exclusively licensed to MGI or its subsidiaries, in the United States and other countries. ESQ is a registered trademark of The Hearst Corporation licensed to MGI. MGI's trademarks may not be used in connection with any product or service that is not MGI's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MGI. All other trademarks not owned by MGI or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MGI or its subsidiaries.
License and Site Access
MGI grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MGI. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MGI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MGI and our affiliates without our express written consent. You may not use any metatags or any other "hidden text" utilizing MGI's name or trademarks without the express written consent of MGI. Any unauthorized use terminates the permission or license granted by MGI. You may not use any MGI logo or other proprietary graphic or trademark as part of the link without our express written permission.
Disclaimer of Warranties and Limitation of Liability
HIS SITE IS PROVIDED BY MGI ON AN "AS IS" AND "AS AVAILABLE" BASIS. MGI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MGI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MGI DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MGI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MGI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting this Site, you agree that the law of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and MGI or its affiliates. Any dispute relating in any way to your visit to MGI or to products or services you purchase through MGI shall be submitted to confidential arbitration in New York City, Borough of Manhattan, except that, to the extent you have in any manner violated or threatened to violate MGI¡s intellectual property rights, MGI may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy, posted on this Site. We reserve the right to make changes to our Site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
