Welcome to NAUTICAWATCHES.COM (“Site”). This Site is owned and operated by Nautica Apparel, Inc. Please review the following rules governing your use of this Site. Your use of this Site constitutes acceptance of these terms and conditions. The use of “we”, “our”, and “us” shall refer to Nautica Apparel, Inc., its watch licensee, and their subsidiaries and affiliates, and the use of “you” and “your” shall refer to the user of this Site.
We may make changes to the information contained in this Internet site, or to the services described and contained therein at any time and without notice.
We may from time to time change the rules that govern your use of this Internet site. Your use of this Internet site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to this site from time to time.
All trademarks, service marks and trade names on this site, including without limitation, “Nautica” are property of Nautica Apparel, Inc. “Nautica”. No use of these may be made without our prior written authorization except to identify the products or services of this Site. The products, logos, designs, advertisements and images described and/or displayed on this site may be intellectual property with rights reserved by us or by other third parties. No license is granted with respect to these intellectual property rights.
All materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials appearing on this Site (collectively, “Content”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by us collectively. This Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by us.
The Contents of this Site, and this Site as a whole, are intended solely for personal, noncommercial use by the users. You may download or copy the Contents and other downloadable materials displayed on this site for your personal, non-commercial use only, provided you do not modify, obscure, or delete any copyright or other propriety notices. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, this site, or any related software.
COMMUNICATIONS AND SUBMISSIONS
All communications, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (“Submissions”) shall be and remain our property. Such disclosure, submission or offer of any comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the submissions. We will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. We shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowledge disclosed therein, for any purpose, including the development, manufacturing and/or marketing of goods or services. By your participation in surveys, contests or promotions on this site, and/or the request of promotional information or product updates, you hereby agree that we may use information about you for marketing, product development and promotional purposes. We are under no obligation to maintain any submissions in confidence, to pay user any compensation for any submissions, or to respond to user submissions. You agree that no submissions by you to this Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). In addition, you agree that no submissions by you to this site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any submissions you make.
Nautica products may be located using the store locator on this Site. We cannot guarantee that the products displayed will be available at every authorized Nautica retailer; availability and selection are subject to supply. Product descriptions, specifications, and colors are subject to change by us at any time without notice.
This site may provide links or references to other sites. However, we assume no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content.
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANIBILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
LIMITATION OF LIABILITY
You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of this site, we shall not be liable for any damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site.
This site and the Contents therein are displayed solely for the purpose of promoting Nautica products and services.
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of New York.
This Agreement remains in effect unless and until terminated by either you or us. You may terminate this Agreement at any time. We may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.