Terms of Service

TERMS OF USE

Welcome to www.talkaboutwatches.com (the “Site”), a service of Talk About Watches, LLC (“TAW”). TAW provides website features and other products and services to you when you visit or shop at the Site, use TAW’s products or services, or use software provided by TAW in connection with any of the foregoing (collectively, “TAW Services”). TAW provides the TAW Services subject to the following conditions.

By using TAW Services, you agree to these conditions. Please read them carefully.

If you do not accept these Terms of Use, you are not authorized to use the Site. We reserve the right to change these Terms of Use from time to time, and your continued use of this Site constitutes your acceptance of and agreement with any such changes. We offer a wide range of TAW Services, and sometimes additional terms may apply if you elect to make a purchase on the Site. You must be eighteen (18) years of age or older (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age) in order to use the Site or any TAW Service.  

PRIVACY

You agree to be bound by the terms of our Privacy Policy, which is incorporated herein by reference into these Terms of Use. We cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

ELECTRONIC COMMUNICATIONS

When you use any TAW Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other TAW Services 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 such communications be in writing.

OWNERSHIP

The Site and all intellectual property rights included in or related to the Site (including but not limited to any information databases, copyrights, trademarks and service marks), are owned or licensed by us, and all right, title and interest in and to the Site and the related intellectual property rights remain our property (or the property of the respective licensors). You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site and any content, information or functionality contained therein. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content.

TAW’s trademarks (including, without limitation, “TALK ABOUT WATCHES”) and trade dress may not be used in connection with any product or service that is not TAW’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TAW. All other trademarks not owned by TAW that appear in any TAW Service (such as the trademarks of the vendors whose products appear on the Site) are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TAW.

THIRD PARTY LINKS AND CONTENT

The Site may contain information or other functionality provided by various third party providers. The Site may also contain links to third-party websites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked Site or any link contained in a linked site. Use of any third party information or functionality may be conditioned upon terms and conditions of such third party providers.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use, TAW or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the TAW Services. This license does not include any resale or commercial use of any TAW Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any TAW Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms of Use are reserved and retained by TAW or its licensors, suppliers, publishers, rights holders, or other content providers. No TAW Service, nor any part of any TAW Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TAW. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TAW without express written consent. You may not use any meta tags or any other “hidden text” utilizing TAW’s name or trademarks without the express written consent of TAW. You may not misuse the TAW Services. You may use the TAW Services only as permitted by law. The licenses granted by TAW terminate if you do not comply with these Terms of Use or any Service Terms of Use. TAW has the right to terminate your use of and/or access to the Site at our discretion.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.   TAW does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. You may not purchase a product on the Site under you are eighteen (18) years of age or older (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age). TAW reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, videos, and other content, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity 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” or unsolicited commercial electronic messages. 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. TAW reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

Except for information maintained as private in accordance with our Privacy Policy, information posted or submitted to or via our Site is public. You are solely responsible for information or material which you post on or provide to our Site, including but not limited to any posting or listing in any public message area or through any e-mail, subscription, uploading or linking feature. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright, trademark and publicity rights with respect to this information (including, without limitation, any ideas, feedback, suggestions, testimonials or otherwise). We reserve the right to take any action with respect to information posted on our Site which we believe is appropriate in our sole discretion including but not limited to, removal of such information and/or termination of your rights of use, however we do not control the information provided by users or other content providers which is made available via our Site. Information you post may be changed, updated or removed without notice. We do not endorse, nor are we liable for, any information posted by third parties on the Site.

DMCA—NOTICE OF COPYRIGHT INFRINGEMENT

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by e-mail to admin@talkaboutwatches.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only.

TAW IS NOT SELLER OF GOODS OR SERVICES

TAW provides the Site as a service to its vendors and their potential customers.  Unless expressly stated in an item listing as being sold directly by TAW (“TAW Goods”), all items offered for sale on the Site are sold directly by the vendors of such items to you and not by TAW which is not to be considered the seller of any products or services offered on the site (other than TAW Goods) even though TAW may facilitate the payment for ordered product or services.  All order fulfillments, returns, refunds, product warranties, service and the like for products or services other than TAW Goods are solely being handled by the applicable vendor of the product or service and TAW shall have no responsibilities in connection therewith.  

PRODUCT DESCRIPTIONS

TAW attempts to be as accurate as possible. However, TAW does not warrant that product descriptions or other content of any TAW Service is accurate, complete, reliable, current, or error-free. If a product offered by TAW itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Pricing for all goods and services offered for sale by vendors using the Site are set by the applicable vendors and are subject to change without notice

DISCLAIMER OF WARRANTIES

The Site is owned and operated by Talk About Watches, LLC and may contain advertisements, sponsored content, paid insertions, affiliate links or other forms of monetization.

TAW abides by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in this blog. That content, advertising space or post will be clearly identified as paid or sponsored content.

TAW is never directly compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on this website are purely those of the authors. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.

THE TAW SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY TAW ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TAW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR OTHER TAW SERVICES, ANY PRODUCTS OR SERVICES OFFERED FOR SALE THROUGH THE SITE (IT BEING UNDERSTOOD THAT ALL WARRANTIES, IF ANY, WILL BE PROVIDED SOLELY BY THE VENDORS OF SUCH PRODUCTS OR SERVICES AND NOT BY TAW) OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ANY TAW SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TAW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TAW DOES NOT WARRANT THAT THE SITE OR THE TAW SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, TAW’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TAW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TAW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ANY TAW SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ON THE SITE OR THROUGH ANY TAW SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LIMITATIONS OF LIABILITY

TAW shall have no liability, whatsoever, for the unavailability of the Site. TAW shall also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the Site, or for inaccurate information provided by a third party or failure to update information provided via the Site.  TAW IS NOT THE SELLER OF ANY PRODUCTS OR SERVICES ON THE SITE BUT MERELY IS ACTING AS A PLATFORM TO ENABLE SALES BETWEEN PRODUCT VENDORS AND VISITORS TO THE SITE.  IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE IN CONNECTION WITH YOUR USE OF THE SITE, THE PRODUCTS, THE CONTENT OR INFORMATION PROVIDED VIA THE SITE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. The limitations of liability provided in these Terms of Use inure to the benefit of TAW, and its affiliates and their respective officers, directors, members, employees, attorneys and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms of Use, in which case they are not applicable to you. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO LIMIT YOUR RIGHT TO SEEK DAMAGES FROM THE APPLICABLE VENDORS OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE.

SPECIAL NOTICE TO NEW JERSEY RESIDENTS

The following provisions shall be applicable to any Terms of Use of Use accepted by residents of the State of New Jersey:

  1.  Nothing contained in the foregoing Terms of Use of Use shall be deemed to prohibit a recovery by the user of any direct damages suffered or incurred by the user.  
  2. Nothing contained in the foregoing Terms of Use of Use shall be deemed to prohibit the recovery of any attorney’s fees by a New Jersey resident under any applicable New Jersey statutory provisions.
  3. Noting contained in the foregoing Terms of Use of Use shall be deemed to indemnify the Provider for any damages caused solely by the Provider’s negligence or intentional acts.

AFFILIATE POLICY

Talk About Watches is a participant in the Talk About Watches, LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to talkaboutwatches.com, Endless.com, MYHABIT.com, SmallParts.com, or talkaboutwatcheswireless.com.

At times, products of various types will be offered for sale or reviews will be written about them with a link included to make a purchase. Most of these products will be “affiliate based.” This means that TAW will receive a small fee based on a percentage of the cost. In doing this, it helps TAW to cover the costs of the software, hardware and services that we use to keep this site up and running. This does NOT increase the price that you pay at all.

No products or services referenced, mentioned or reviewed here are done for a fee (meaning, you cannot pay TAW to write a good review for you). Anything presented to you here is something that personnel of TAW either personally own (or have owned in the past) and/or recommend.

If you have ANY questions whatsoever on this policy or any of the products or services reference or recommended here, please do not hesitate to contact us directly at info@talkaboutwatches.com and we will get back to you as quickly as possible. You should also use that email address if you have a product you’d like reviewed or have a suggestion for a product to review.

GOVERNING LAW AND JURISDICTION

The Site is managed and controlled by us from our offices in Florida. It can be accessed from the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing the Site, you agree that these Terms of Use and your use of the Site shall be governed in all respects by the internal substantive laws of the State of Florida, without regard to its conflict of laws provisions. Any claim brought by you against us arising out of or relating to these Terms of Use, the Privacy Policy or the Site shall be brought within six (6) months of the event out of which such claim or action arose, and shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such 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. The arbitration shall be conducted exclusively in Jacksonville, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

STATE-SPECIFIC LEGAL NOTICES

Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: Talk About Watches, LLC, located at 1715 Hodges Blvd., Suite 2115, Jacksonville, Florida  32224, is the provider of the electronic commercial service on this Site. Users will be notified in advance if there will be a charge for any product. Please see our Return Policy for information regarding returns. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.