Terms and Conditions
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PLEASE READ THE FOLLOWING CAREFULLY:
This Terms and Conditions Agreement applies to use of the NextDayWatches.com
website located at http://www.NextDayWatches.com. This site is the property of
NextDayWatches.com, and it's owners. Before you make any purchases, you must
first establish a customer account. BY CLICKING "PLACE ORDER" YOU AGREE TO THESE
TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT
USE THE SITE.
NextDayWatches.com reserves the right at any time, to change, add or remove
portions of this Terms and Conditions at its sole discretion. It is your
responsibility to check this Terms and Conditions each time before using the
site. Your continual use of the site following the posting of changes will mean
that you accept and agree to the changes. You agree that all subsequent
purchases by you will be subject to the terms and conditions of this Terms and
Conditions, which shall apply until we post a modified Terms and Conditions and
then in accordance with such modified Terms and Conditions. As long as you
comply with this Terms and Conditions and any such modifications,
NextDayWatches.com grants you, the "End User" a personal, non-exclusive,
non-transferable, non-sublicensable, limited privilege to enter and use the
site.
1. Copyright and Trademark Information
Any and all content included on this site, which can include text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of NextDayWatches.com 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 NextDayWatches.com and
protected by U.S. and international copyright laws. All software used on this
site is the property of NextDayWatches.com or its software suppliers and
protected by United States and international copyright laws.
NextDayWatches.com is a registered trademark of NextDayWatches.com. All custom
graphics, icons, logos and service names are registered trademarks, trademarks
or service marks of NextDayWatches.com. The use of any NextDayWatches.com
trademark or service mark without NextDayWatches.com's express written consent
is strictly prohibited.
2. Registering to Our Site and Your Account
Certain services offered on or through the site will first require you to open
an account with us. You are responsible for maintaining the confidentiality of
your account information, including your password and credit card information,
and for all activity that occurs under your account. You agree to notify
NextDayWatches.com immediately of any unauthorized use of your account or
password, or any other breach of security. You may be held liable for any losses
incurred by NextDayWatches.com or any other user of the site due to someone else
using your password or customer account and any of your personal information.
You may not use anyone else's password or customer account at any time. You may
not attempt to gain unauthorized access to the site. Any attempt to do so,
assist others in making such attempts, or distributing instructions, software or
tools for that purpose, will result in termination of your customer account. You
agree to provide us with accurate, current and complete information about
yourself and your billing information as prompted by the registration process.
You may update any of your account information, designate a different credit
card to be billed, or change the applicable expiration date on your currently
designated credit card, by logging into your account and selecting the
appropriate link. You may not use any automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire,
copy, probe, test or monitor any portion of the site or any content, or in any
way reproduce or circumvent the presentation or navigational structure of the
site or any content, to obtain or attempt to obtain any materials, documents or
information through any means not purposely made available through the site. You
agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the site or any of the
systems or networks comprising or connected to the site.
You also agree that NextDayWatches.com may, in its sole discretion and without
prior notice to you, terminate your access to the site and/or your account for
any reason, including without limitation: (1) attempts to gain unauthorized
access to the site or assistance to others' attempting to do so, (2) overcoming
software security features limiting use of or protecting any Content, (3)
discontinuance or material modification of the site or any service offered on or
through the site, (4) violations of this Terms and Conditions, (5) failure to
pay for purchases, (6) suspected or actual copyright infringement, (7)
unexpected operational difficulties, or (8) requests by law enforcement or other
government agencies. You agree that NextDayWatches.com will not be liable to you
or to any third party for termination of your access to the site.
3. Disclaimer
NextDayWatches.com is dedicated to keeping each product's label information up
to date and accurate. However, we will not be held responsible for typographical
errors and modifications to the product formulations. Please consult the
product's actual label before using. If you notice that something has changed on
a product's label that we have not changed on our website, please let us know.
If you have further questions about this product, please contact us at
customercare@NextDayWatches.com
We make no representation that information on this site is appropriate or
available for use outside the United States. Those who choose to access this
site from outside the United States do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are
applicable.
4. Consent to Collection, Disclosure and Use of Your Personal Information
You must disclose certain Personally Identifiable Information to use our site,
register, and make purchases. This is covered in more detail in the Privacy
Policy. As a condition of registering with our site or making any purchases of
any products and/or services or conduct any transactions, you represent that you
have first read our Privacy Policy and consent to the collection, use and
disclosure of your Personally Identifiable Information and Non-Personally
Identifiable Information as described in our Privacy Policy. Our Privacy
Policy's terms and conditions will change from time to time, and as a condition
of browsing the site, using any features or making any purchase, you agree that
you will first review our Privacy Policy prior to making any initial or
subsequent purchases.
If any portion of this agreement is ruled to be in violation of any Local,
State, Federal or Treaty Law, all remaining portions will remain in effect.
While NextDayWatches.com takes reasonable steps to safeguard and to prevent
unauthorized access to your personal information, we cannot be responsible for
the acts of those who gain unauthorized access, and we make no warranty,
express, implied, or otherwise, that we will prevent unauthorized access to your
private information. IN NO EVENT SHALL NextDayWatches.com OR ITS AFFILIATES BE
LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT,
PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A
THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF
WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER
THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER NextDayWatches.com WAS
GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
5. Sale and Payment Conditions
In order to purchase any goods and/or services on our site, you must (1) be at
least eighteen (18) years of age or the applicable state age of majority, (2) be
a natural person (no corporations, partnerships or other legal entities), and
(3) be a resident in the 50 states of the United States of America. Prior to the
purchase of any goods or services on our site, you must provide us with a valid
credit card number and associated payment information including all of the
following: (a) your name as it appears on the card, (b) your credit card number,
(c) the credit card type, (d) the date of expiration and (e) any activation
numbers or codes needed to charge your card. By submitting that information to
us, you hereby agree that you authorize us to charge your card at our
convenience but within thirty (30) days of credit card authorization. All sales
of products and services are final. All charges from those sales are
nonrefundable.
6. Methods of Payment, Credit Card Terms and Taxes
All payments must be made by VISA, MasterCard, American Express, Discover, or
PayPal, each of which may be removed by NextDayWatches.com in its sole
discretion). Unless expressly set forth on to NextDayWatches.com site, we do not
accept any other payment form, including check or money order. If we offer or
accept any other form of payment, you hereby agree to all restrictions, terms
and conditions associated with such additional form of payment. Your card issuer
agreement governs your use of your designated card, and you must refer to that
agreement and not this Terms and Conditions to determine your rights and
liabilities as a cardholder. YOU, AND NOT NextDayWatches.com, ARE RESPONSIBLE
FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY.
You agree to pay all fees and charges incurred in connection with your purchases
(including any applicable taxes) at the rates in effect when the charges were
incurred. Unless you notify NextDayWatches.com of any discrepancies within sixty
(60) days after they first appear on your credit card statement, you agree that
they will be deemed accepted by you for all purposes. If NextDayWatches.com does
not receive payment from your credit card issuer or its agent, you agree to pay
all amounts due upon demand by NextDayWatches.com or its agents. You are
responsible for paying any governmental taxes imposed on your purchases,
including, but not limited to, sales, use or value-added taxes.
NextDayWatches.com shall automatically charge and withhold the applicable sales
tax for orders to be delivered to addresses within New Jersey and any other
states or localities that it deems is required.
7. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not
signal our acceptance of your order, nor does it constitute confirmation of our
offer to sell. NextDayWatches.com reserves the right at any time after receipt
of your order to accept or decline your order for any reason. NextDayWatches.com
further reserves the right any time after receipt of your order, without prior
notice to you, to supply less than the quantity you ordered of any item. Your
order will be deemed accepted by NextDayWatches.com upon shipment of products or
performance of services that you have ordered, or upon the completion of the
license and delivery of a Digital Download, as indicated by our servers. Title
to goods passes to you upon delivery to the common carrier. All orders placed
over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of
payment, as established by our credit and fraud avoidance department. We may
require additional verifications or information before accepting any order.
Please note that NextDayWatches.com shall have the right to refuse or cancel any
orders placed for products and/or services at any time.
8. Electronic Communications
When you visit NextDayWatches.com or send e-mails to us, you are communicating
with us electronically and therefore consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices on
this site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
9. Note on Visitor Reviews, Comments, and Feedback
As a visitor to our site you may post reviews, comments, and other content and
submit suggestions, ideas, comments, questions, or other information, so long as
the content is not illegal, obscene, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise injurious to
third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of a
card or other content. NextDayWatches.com reserves the right (but not the
obligation) to remove or edit such content, but does not regularly review posted
content.
10. Privacy Policy
Your privacy is very important to us, so we
have created the following Privacy Policy to let you know what information we
collect when you visit our site and how and why it is used. This Privacy Policy
also addresses our data security practices, the options you have to access and
control any personally identifiable information you provide to us, and other
matters. This Privacy Policy is governed by our Terms and Conditions. We may
periodically make changes to this Privacy Policy which will be included on this
page. It is your responsibility to review this Privacy Policy frequently and
remain informed about any changes to it, so we encourage you to visit this page
often. If we collect personal contact information you may always access and
modify it, and/or remove it from our system. You may also choose simply not to
provide your personal contact information at the point of collection.
Information We May Collect From You
When you use our site, we may request your first and last name, home or other
physical address, including your street name and address and name of your city
or town, and/or your telephone number. We may also request your email address,
or other information needed to contact you online. We use it to complete,
support and analyze your purchases from NextDayWatches.com and use of the
NextDayWatches.com website, and to comply with any requirements of law. We use
it to respond to any questions you might have and to provide you with
information about specials occurring on the NextDayWatches.com web site if you
have chosen this service on the Account Login page. This information may be
disclosed to our staff and to third parties involved in the completion of your
transaction, the delivery of your order or the analysis and support of your use
of the NextDayWatches.com website.
As you browse our website, we may gather clickstream and navigational data that
shows what pages are visited and how long various features are used. This
information will not reveal your identity or be linked to you personally. We use
this information to complete, analyze and support your purchases from
NextDayWatches.com and use of the NextDayWatches.com website to comply with any
requirements of law and to determine the commissions for our Affiliates. This
information may be disclosed only to our staff and to third parties involved in
the completion of your transaction, the delivery of your order, and the analysis
and support of your use of the NextDayWatches.com website. We use this
information that you provide to complete, support and analyze your purchases
from NextDayWatches.com and use of the NextDayWatches.com website, for internal
purposes and to comply with any requirements of law. This information may be
disclosed to our staff and to third parties involved in the completion of your
transaction, the delivery of your order or the analysis and support of your use
of the NextDayWatches.com website.
Free Gift Program
Promotion available while Supplies last. We reserve right to substitute
Free gift item with equal or higher value items at any given time.
Exception Disclosures
We may disclose your information if necessary to protect our legal rights, if
the information relates to actual or threatened harmful conduct, or
NextDayWatches.com has good faith belief that such action is necessary to (1)
conform to the requirements of law or comply with governmental orders, court
orders, or legal process served on NextDayWatches.com or (2) to protect and
defend the property or rights of NextDayWatches.com, the users of its website or
the public. This includes exchanging information with other companies and
organizations for fraud protection and credit risk protection. If
NextDayWatches.com should ever file for bankruptcy or merge with another
company, we may sell the information you provide to us on the NextDayWatches.com
website to a third party or share your personal information with the company we
merge with.
Protecting Your Information
At NextDayWatches.com we provide secure web pages to collect certain kinds of
user information and we store certain kinds of data in encrypted form. We follow
reasonable technical and management practices to help protect the
confidentiality, security and integrity of data stored on our system. While no
computer system is completely secure, we believe the measures implemented by our
web site reduce the likelihood of security problems to a level appropriate to
the type of data involved. NextDayWatches.com's servers use Secure Sockets Layer
(SSL), an encryption technology that works with Netscape Navigator, Microsoft
Internet Explorer, Firefox, Safari, and AOL's browser, so that only
NextDayWatches.com can read a customer's personal information.
Your Consent To This Policy
By using the NextDayWatches.com website, you agree to the Terms and Conditions
as well as the Privacy Policy. This is our entire and exclusive Privacy Policy
and it supersedes any earlier version. Our Terms and Conditions take precedence
over any conflicting Policy provision. We may change our Privacy Policy by
posting a new version of the policy on this page which it is your responsibility
to review frequently.
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