Terms of Service

Last updated and effective: June 20, 2023

These Terms of Use (the “Terms”) for the timex® website and its Content, functionality, features, services, and technology (collectively, the “Site”) form a binding agreement between you and Pacific Market International, LLC (“us”, “we” or the “Company”) governing your use of the Site and consumer purchases you make through the Site. Capitalized words in these Terms have the meanings given to them in these Terms. PLEASE CAREFULLY READ THESE TERMS AND OUR PRIVACY POLICY PRIOR TO USING THIS SITE. These Terms, together with our Privacy Policy and all other policies, guidelines, and terms on the Site and applicable to your use of the Site or the Products we offer (“Policies”), constitute the entire agreement between us and you, and supersede all prior agreements, terms, conditions and understandings, both written and oral with respect to the Site. This agreement includes, among other things, a limitation on your rights and remedies, a requirement that disputes between you and us be resolved individually, and a waiver of your ability to bring or participate in any class-action claim or class arbitration. By using the Site, creating an account, or making a purchase, you agree to these Terms. Do not use this Site if you do not agree to the Terms.

We may revise these Terms at any time by posting notice of the revised terms on the Site, and such posting will constitute notice to you of the revisions. We may also, in our discretion, notify you of changes via email to any address you’ve provided us. Your continued use of the Site following the posting of a notice regarding revised terms (or following the stated effective date of the revised terms, if later) constitutes your acceptance of the revised terms. If you do not agree with the revised terms, you may not continue to use the Site.

We may offer features or programs – such as an affiliate or referral program – that are operated by a third-party service provider. If you participate in any such program we offer, your participation may be subject to additional terms that govern your participation and the relationship between you and our third-party service provider.

You may not use the Site if you are under 18 or the applicable age of majority in your location. You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor), and that, if you are using the Site on behalf of a business or organization, you are authorized to enter into binding agreements on behalf of that business or organization. If you are using the Site on behalf of a business or organization, “you” refers equally to any user representing that business or organization.

LICENSE

Unless otherwise stated, the Company and/or its licensors own all of the intellectual property rights to the Site (including all content, graphics, designs, images, icons, photography, video and all other material that appears on the Site, except for Your Content (defined below) (collectively, the “Content”)). Content on the Site is included in the term “Site” and is protected under applicable copyright, trade dress and trademark laws and other proprietary and intellectual property rights laws.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site solely for your personal use. This license does not include any resale or commercial use of the Site; any right to make derivative works of the Site or any parts of it; or any use of data mining, robots, or similar data gathering and extraction tools. We or our licensors reserve all rights not granted herein. You may not reproduce, duplicate, copy, sell, or resell the Site or any part of it. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, or form) of the Company without our express written consent. You may not misuse the Site, and may use the Site only as permitted by law and these Terms. The license granted herein terminates if you do not comply with these Terms, including the Privacy Policy and all other Policies, which are hereby incorporated by reference into these Terms.

YOUR ACCOUNT

You may need your own account (“User Account”) to use the Site (or features thereof), and we may require you to be logged in to make a purchase. If you choose to provide information about yourself (e.g., to register for an account or to submit a Product review), you will: (a) provide true, accurate, current and complete information as prompted by the Site’s registration page(s) (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If we have a reasonable belief that information you provide may not meet these standards, we may suspend or terminate your account and refuse all current or future use of the Site (or any portion thereof). If you have a User Account for yourself as an individual, you will not create a User Account for anyone other than yourself without their permission or our permission. You will not create more than one User Account for yourself. You are solely responsible for maintaining the confidentiality of your account credentials, for restricting access to your User Account, and for all activities that occur under your User Account or credentials. You will not sell, transfer, or assign your access or any access rights to your User Account. You will immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. We may refuse service, suspend or terminate your User account, terminate your right to use the Site, or remove or edit Your Content, in our sole discretion. If we terminate your User Account, you will not create another one without our permission.

YOUR CONTENT

Through the Site, you may be able to post and exchange content such as text, photos, video, links, and any other information, media, or materials, including feedback, ideas, and suggestions (all content you submit or exchange through the site, “Your Content”). You grant us a nonexclusive, royalty-free, perpetual, irrevocable, fully paid and sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works of, distribute, and display Your Content throughout the world in any media. We may use and display any name(s), voice(s), or likeness(es) contained in Your Content (including your own or any third party identified, heard, or depicted in Your Content). To the fullest extent permitted, you waive any moral rights you may have in Your Content, even if Your Content is altered or changed in a manner not agreeable to you. Your Content is not confidential, and we are under no obligation to maintain as confidential any information, in whatever form, contained in Your Content. We may sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with Your Content, and we and our licensors may retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these Terms obligates or may be deemed to obligate us to exercise any of the rights you grant to us in Your Content. Without limiting the generality of the foregoing, you understand that, if you choose to post any review on the Site, your review (and all of Your Content included in such review) may be republished by us or our licensees on third-party properties, including elsewhere online. As between us and you and apart from the licenses granted hereunder, you retain all rights in Your Content.
You are solely responsible for, and we have no responsibility or liability for, Your Content. You represent and warrant that:

• You own or otherwise have all rights necessary to submit Your Content, and to grant us a license to Your Content. All of Your Content must be original with you, not copied from someone else’s work, and you must own all rights in Your Content; OR all persons who contributed in any way or have any rights to Your Content or otherwise appear, are identified, or are heard in Your Content have given you permission to upload and distribute Your Content on the Site and elsewhere (in which case you agree to provide us with written evidence of such permission promptly upon our request).
• Your Content and our use of Your Content does not and will not infringe the proprietary rights of any third party.
• Your Content is accurate and not misleading.
• Your Content will be relevant to the Site and our products/services. Your Content may not advertise or promote a product or service except those offered on the Site or elsewhere by timex.
• Your Content will follow mores of social decency. Your Content may not include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, or physical handicap or that are defamatory, profane, obscene, or sexually explicit. In addition, cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited.
• Your Content does not violate these Terms or any Policies and will not threaten or cause injury to any person or entity.

The Company may, but has no obligation to, monitor, screen, edit, publish or review Your Content. Communications you engage in with any other user are between you and that user. All users are subject to these Terms, but we do not control and are not responsible for the communications or content of, or any other behavior of, any user. You are responsible for determining what information to include in Your Content, including any communication with another user. We may, but have no obligation to, delete, modify, edit, reject, or refuse to post Your Content. Your Content does not reflect the views or opinions of the Company, its agents or affiliates. In no event will you represent or suggest, directly or indirectly, our endorsement of Your Content. Your compliance with the requirements of these Terms, including, without limitation, whether Your Content complies with the above restrictions, will be determined by Company in its sole discretion.

Purchase of customized Products (defined below) is subject to our Customized-Product Terms of Sale (which are a Policy, as defined under these Terms). The Customized-Product Terms of Sale include additional restrictions and requirements regarding any Content you submit as part of your design or purchase of customized Product(s). Please see those additional terms for details.

THIRD PARTIES

The Site may contain links to third-party websites, applications or other online services that are not owned or controlled by the Company. We do not control the content, privacy policies, or practices of any third-party websites, applications, or services. The Site may also include a tool that allows you to sign in or register using information from your account with a third-party service, such as Facebook, LinkedIn, Twitter, Google, Reddit, Pinterest, or Instagram. These third-party services are not related to the Site or the Company, and your use of such services is subject to the terms of the applicable service(s). We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). We do not assume any responsibility or liability for the actions, product, and content of these or any other third parties. Please review the terms of service, including privacy policies, of these third parties.

PURCHASES AND PAYMENTS

Consumer purchases of products offered on the Site (“Products”) are subject to these Terms and all Policies. You may purchase Products from the Site solely for your personal use, and not for commercial use or for resale. If you are a business or institutional purchaser, please see our Business Account terms , which also govern your purchase. You must have a valid payment method and a ship-to address within the United States and its territories in order to purchase Product(s). We attempt to be as accurate as possible in describing Products on the Site. However, we do not warrant that descriptions are accurate, complete, reliable, current, or error-free. We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items on the Site may be mispriced. If the correct price of a Product is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

We work with third parties to provide certain functionality for the Site, including payment processing when you pay for a Product. When you make a payment, you are interacting directly with our third-party payment processing partner, and not the Company. We do not warrant the offerings of third-party providers or assume any responsibility or liability for their actions, services, or content. You should review their privacy notices and conditions of use. You agree to pay all product charges, shipping charges and sales tax incurred in connection with your purchase of Product(s). Please see our Return Policy for Product returns information. Returns and refunds of Products outside of our Return Policy are not permitted, but we may issue refunds or credits outside of this Policy at our sole discretion. When we issue a refund or credit, we reserve the right to deduct a processing fee.

We may impose quantity limits on a per-order, per-customer, per-household, or any other basis. Your order is not accepted until we confirm it, and we may reject or cancel any order in our sole discretion.

DISCLAIMER

EXCEPT FOR ANY CONSUMER PRODUCT WARRANTIES THAT ARE AVAILABLE ON THE SITE AND PRINTED ON OR INCLUDED IN THE PACKAGING THAT COMES WITH A PRODUCT, OR AS OTHERWISE STATED ON THIS SITE WITH RESPECT TO A SPECIFIC PRODUCT, THIS SITE AND THE CONTENT AND PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVICES THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THIS SITE OR AS TO ITS ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE; OR AS TO THE CONDUCT OF ANY USERS OR OTHER THIRD PARTIES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE AND/OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU.

LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL WE, ANY OF OUR AFFILIATED COMPANIES, OR ALL OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, AND REPRESENTATIVES (collectively, the “RELEASED PARTIES”) BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR ANY SIMILAR DAMAGES) THAT RESULT OR IN ANY WAY ARISE FROM OR ARE CONNECTED TO (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND CONTENT AVAILABLE FROM THE SITE; (C) YOUR CONTENT, OR (D) THE CONDUCT OF OTHER USERS OF THE SITE OR ANY THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. IF, NOTWITHSTANDING THE FOREGOING, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, PRODUCTS PURCHASED THROUGH THE SITE OR ANY CONTENT, OUR LIABILITY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PURCHASE OF PRODUCTS FROM THIS SITE OR TEN U.S. DOLLARS ($10.00), WHICHEVER IS GREATER.
YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY DESIRE TO BRING ARISING OUT OF OR RELATED TO THESE TERMS, THE PRODUCTS AND/OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.

INDEMNIFICATION

To the full extent permissible by law, you will indemnify, defend and hold the Released Parties harmless against all claims, demands, lawsuits, proceedings and inquiries asserted or commenced by a third party against any Released Party and all losses, damages and costs (including reasonable attorneys’ fees) that are incurred by them in connection with or resulting from any claim (a) based upon or resulting from any breach by you of these Terms or any of your representations or warranties herein, or any of your acts or omissions, (b) based on Your Content, including any assertion that any of Your Content infringes upon or violates any intellectual property, proprietary or personal right of any third party, defames any third party, or violates any law or regulation, or (c) your violation of any applicable law or regulation or any misrepresentation made by you. The Released Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of Company.

MISCELLANEOUS

Except as otherwise specified, this Site is solely for the purpose of promoting the Products to customers in the United States. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. You may not use the Site or export the Content or any Product in violation of U.S. export laws and regulations. You may not use the Site or purchase any Product(s) if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are located. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

Any waiver of any provision of these Terms by Company must be in writing and signed by an officer of Company. If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the extent necessary for these Terms to otherwise remain in full force and effect and enforceable. We may assign, subcontract, delegate, and transfer our rights and obligations under these Terms to a third party. You may not assign or transfer your User Account or any of your rights and obligations under these Terms. We will not be liable for any failure or delay in our performance due to any cause beyond our reasonable control, including any act of war, act of God, pandemic/epidemic (or similar public-health crisis), act of third-party service providers, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, power failure or failure of the Internet or computer equipment. Provisions of these Terms that would logically survive termination will do so, including (but not limited to) the Disclaimer, Limitation of Liability, Indemnification, and Dispute Resolution sections.

We reserve the right to modify, suspend, or discontinue all or any portion of the Site or to otherwise deny you access to the Site at any time, in our sole discretion and without notice, and we will have no liability to you or to any third party for any such modification, suspension, or termination of the Site. We also reserve the right to investigate suspected violations of these Terms, our Policies, or any additional terms that govern your relationship with us. Any violation may be referred to law-enforcement authorities.

DISPUTE RESOLUTION

Any dispute arising out of these Terms, the Site, or any Product will be governed by the internal substantive laws of the State of Washington without respect to its conflict of laws principles. The UN Convention on Contracts for the International Sale of Good does not apply. You irrevocably consent and waive any objection to the exclusive jurisdiction and venue of the state and federal courts in King County, Washington, for all disputes arising out of or relating to these Terms, the Site, or any Product.

In addition, you and the Released Parties each waive the right to a trial by jury and the right to bring or resolve any dispute as a class action, class arbitration, or any other consolidated, representative, concerted, collective, or private attorney-general action (or to participate in any such action brought by a third party). Any dispute between you and any Released Party must be resolved on an individual basis.

ELECTRONIC COMMUNICATIONS

When you use the Site, or send e-mails, text messages, or other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, and notices and messages on the Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing, and any such notice will be deemed given and received on the day it is sent.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER IP INFRINGEMENT

If you believe any content available through the Site infringes your copyright, you may notify us using the notice procedure for claimed infringement under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. Sect. 512(c)(2)). We respond to the concerns of rights owners about any alleged infringement in due course, and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. We terminate the access to and use of the Site for identified accounts of repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any allegedly infringing material.

You may submit written claims of copyright infringement to our Copyright Agent at:

Copyright Agent:

2401 Elliott Ave
Seattle, WA 98121
Attention: Legal Affairs
Email: LegalAffairs@pmi-worldwide.com

Written claims of copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe that any content on the Site violates your exclusive rights other than copyrights, please provide us at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding content on the Site to our designated agent using the contact information above.