Terms Of Use

Welcome to GUESSWATCHES.COM and its affiliates (collectively, “GUESSWATCHES.COM”, “Company” or “we”). By accessing or using this Site, you ("User" or “you”) agree to comply with the terms and conditions governing your use of any areas of the GUESSWATCHES.COM web site, apps and other in-app services (the "Site") as set forth below.

Please read the Terms of Use (“Terms”) carefully before you start using the Site. By using the Site you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose except as expressly permitted by GUESSWATCHES.COM. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if GUESSWATCHES.COM believes that User conduct violates applicable law or is harmful to the interests of GUESSWATCHES.COM.

CONTENT

A. Proprietary Rights in Content

User acknowledges that the Site contains content, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The compilation (meaning the collection, arrangement and assembly) of all Content on this Site is the exclusive property of GUESSWATCHES.COM and protected by U.S. and international copyright laws. All software used on this Site is the exclusive property of GUESSWATCHES.COM and protected by U.S. and international copyright laws. The Content and software on this Site may be used as a shopping and selling resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Content of this Site is strictly prohibited. If you print, copy, modify or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

B. Submission of Information or Content

We welcome your comments, information and submissions (collectively, "Submission"). We, however, do not assume any obligation with respect to any Submission, and no confidential or fiduciary understanding or relationship is established by our receipt or acceptance of any Submission. All Submissions become the exclusive property of GUESSWATCHES.COM and you are not entitled to any compensation.

C. Third-Party Content

Neither GUESSWATCHES.COM, nor any of its respective officers, directors, employees, or agents, nor any third party, including any Provider (as defined below), or any other User of this Site, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In some instances, the Content available through GUESSWATCHES.COM may represent the opinions and judgments of Providers or Users. GUESSWATCHES.COM does not endorse and shall not be responsible for the accuracy or reliability of any opinion, advice, or statement made on this Site by anyone other than authorized GUESSWATCHES.COM employees. Under no circumstances shall GUESSWATCHES.COM, or any of their respective officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through GUESSWATCHES.COM. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through this Site.

ONLINE CONDUCT

User agrees to use the Site only for lawful purposes. User is prohibited from posting on or transmitting through GUESSWATCHES.COM any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, we may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate GUESSWATCHES.COM; or (iii) to protect the rights or property of GUESSWATCHES.COM, Inc., its Users or Providers.

We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be harmful to individual Users, the Site, the communities that make up GUESSWATCHES.COM, or any rights of GUESSWATCHES.COM or any other party, or to violate any applicable law. Notwithstanding the foregoing, neither GUESSWATCHES.COM nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither GUESSWATCHES.COM, Inc., nor any of its officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on GUESSWATCHES.COM.

Additionally, User may not: 1) use the Site in a way that could disable, burden, damage or impair the Site or interfere with any other party’s use of the Site; 2) use any robot, spider, or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any material on the Site; 3) use any manual process to monitor or copy the material on the Site or for any other authorized purpose without our prior written consent; 4) use any device, software or routine that interferes with the proper working of the Site; 5) introduce any virus, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; 6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; 7) attach the Site via a denial-of-service attack or distributed denial-of-service attach; or 8) otherwise attempt to interfere with the proper working of the Site.

DISCLAIMERS AND LIMITATION OF LIABILITY

User agrees that use of this Site is at User's sole risk. Neither GUESSWATCHES.COM, Inc., nor any of its respective officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, "Providers"), warrant that this Site will be uninterrupted, free of viruses or other destructive code, or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Site. THIS SITE IS PROVIDED BY GUESSWATCHES.COM ON AN "AS IS"AND "AS AVAILABLE" BASIS. GUESSWATCHES.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GUESSWATCHES.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GUESSWATCHES.COM 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. Under no circumstances shall GUESSWATCHES.COM or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this Site, including but not limited to reliance by a User on any information obtained from GUESSWATCHES.COM or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to GUESSWATCHES.COM Inc.'s records, programs, or services. User hereby acknowledges that these disclaimers and limitation on liability shall apply to all content, merchandise, and services available through this Site. In states that do not allow the exclusion of limitation or limitation of liability for consequential or incidental damages, User agrees that liability in such states shall be limited to the fullest extent permitted by applicable law.

PRIVACY POLICY

GUESSWATCHES respects the privacy of its Users. Users are encouraged to review the terms of the GUESSWATCHES.COM Privacy Policy.

EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from GUESSWATCHES.COM to either a foreign national or a foreign destination in violation of such laws.

TERMINATION OF USAGE

We may terminate User's access, or suspend any User's access to all or part of GUESSWATCHES.COM, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or GUESSWATCHES.COM.

INDEMNITY

User agrees to indemnify and hold GUESSWATCHES.COM, Inc., its affiliates and their respective officers, directors, employees, contractors, licensors, suppliers, successors, assigns and agents, harmless from any claim, liability, damages, judgment, award, loss, costs, expenses, fees, or demand, including reasonable attorneys' fees, made by any third party arising out of or in connection with User's breach of any term or condition of this User Agreement or User's violation of any law or the rights of any third party.

COPYRIGHT

All content contained on this Site, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, is the property of GUESSWATCHES.COM, Inc., its affiliates or their respective content suppliers and protected by U.S. and international copyright laws.

TRADEMARKS

Trademarks appearing on the Site may only be used with the permission of GUESS, Inc. or the respective trademark owners. The products, logos, designs, advertisements and images described and/or displayed on this site may be intellectual property with rights reserved by GUESS, Inc. GUESSWATCHES.COM or by other parties. No license is granted with respect to these intellectual property rights.

IOS is a trademark or registered trademark of Cisco in the US and other countries and is used under license.

The Android robot is reproduced or modified from work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.

All other marks associated with third party products, documents and company names mentioned on this Site are the trademarks or service marks of their respective owners.

Any controversy or claim arising out of or relating to this User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Arbitration shall be conducted in Waterbury, Connecticut, and judgment on any arbitration award may be entered in any court having jurisdiction thereof. Each party shall be responsible for its own fees and costs in relation to the arbitration. The parties shall share equally the arbitrator's fees and costs. The arbitrator shall have no authority to award costs or punitive damages to any party. User or GUESSWATCHES.COM may seek any interim or preliminary equitable relief from a court of competent jurisdiction in Waterbury, Connecticut necessary to protect the rights or property of User or GUESSWATCHES.COM pending the completion of arbitration.

GENERAL

This User Agreement shall be construed and governed in all respects by the laws of the State of Connecticut as such laws are applied to agreements entered into and to be performed entirely within Connecticut between Connecticut residents and without giving effect to any principles of conflicts of law. This User Agreement sets forth the entire understanding and agreement between User and GUESSWATCHES.COM with respect to the subject matter hereof and terminates, cancels and supersedes any and all oral or written agreements, understandings, statements, representations and warranties heretofore made relating to the subject matter hereof. The failure of User or GUESSWATCHES.COM to insist upon strict adherence to any provision of this User Agreement on any occasion shall not be considered a waiver of such party's right to insist upon strict adherence to such provision on any other occasion or to any other provision of this Agreement in any instance. Any waiver shall be in writing signed by a duly authorized representative of the waiving party. If one or more any provision of this User Agreement is held to be illegal, invalid or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. In the event a provision is held to be illegal, invalid or unenforceable, the User Agreement shall remain in full force and effect and the arbitrator or court shall be empowered to modify, if possible, such illegal, invalid or unenforceable provision to the extent necessary to make this User Agreement enforceable in accordance with the intent and purposes of the parties expressed herein to the fullest extent permitted by applicable law. The section headings contained in this User Agreement are for convenience only are in no way define, limit, or enlarge the scope of the provisions of such section and shall not be considered in the interpretation or enforcement of this User Agreement. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

ACKNOWLEDGMENT

By accessing or using this Site, USER AGREES TO BE BOUND BY THE TERMS AND CONDITION, INCLUDING DISCLAIMERS. We reserve the right to review and update these terms at any time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Last Updated: March 1, 2017