Agreement to Legal Terms
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ELO Watch (“Company”, “we”, “us”, or “our”), concerning your access to and use of the https://elowatch.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”).
By accessing the Service, you agree that you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1. Our Services
The information provided when using the Service is not 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 which would subject us to any registration requirement within such jurisdiction or country.
Those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. Intellectual Property Rights
Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us.
The Content and the Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
3. User Representations
By using the Service, you represent and warrant that:
- all registration information you submit will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you have the legal capacity and you agree to comply with these Terms of Service;
- you are not a minor in the jurisdiction in which you reside;
- you will not access the Service through automated or non-human means;
- you will not use the Service for any illegal or unauthorized purpose;
- your use of the Service will not violate any applicable law or regulation.
4. User Registration
You may be required to register with the Service. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. Purchases and Payment
We accept the following forms of payment: Credit Card, PayPal, Stripe.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. All purchases are non-refundable.
6. Prohibited Activities
You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Service, you agree not to:
- Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Service.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.
- Use any information obtained from the Service in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Service in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Service.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material.
- Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
7. User Generated Contributions
The Service does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
8. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy: https://elowatch.com/privacy. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service.
9. Term and Termination
These Terms of Service shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON.
10. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time.
11. Governing Law
These Terms of Service and your use of the Service are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
12. Dispute Resolution
Any dispute arising from the relationships between the parties to these Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the American Arbitration Association (AAA), and the arbitration will be held in New York. The arbitrator's award shall be final and binding upon all parties.
13. Disclaimer
THE INFORMATION ON THIS SERVICE IS PROVIDED ON AN AS-IS BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS COMPANY EXCLUDES ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATING TO OUR SERVICE AND THE USE OF THIS SERVICE.
14. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE.
15. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand.
16. User Data
We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service.
17. Electronic Communications
Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
18. Miscellaneous
These Terms of Service and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
19. Contact Us
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at: