TERMS OF USE

Last updated June, 2016

Welcome to the Hourglass Watch & Jewelry Corp Web site, hourglasscorp.com (the "Site"). The Site is provided as a service to our customers. Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of the Site (the "Agreement").

YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE SITE. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THE SITE.

 

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

Right to Change Site

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

 

Site Content

Unless otherwise noted, all features and materials on the Site, including without limitation all text, designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks (collectively, the "Contents"), are owned, controlled or licensed by Hourglass Watch & Jewelry Corp, Hourglass and other trademarks appearing on the Site are the trademarks of Hourglass Watch & Jewelry Corp.

The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content 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 exploit in any way any of the Content or the Site.

Unless otherwise specified, the Site and the Content are intended to promote Hourglass' products and services available in Canada.

 

User Comments, Feedback, and Other Submissions

Hourglass is pleased to hear from users and welcomes your comments regarding our products and services. Hourglass’ does not accept or consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Hourglass’ employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Hourglass may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Hourglass. Hourglass is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Hourglass has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Hourglass or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Hourglass takes no responsibility and assumes no liability for any Comments posted by you or any third party.

 

Personal Information Submitted Through the Sites

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the "Privacy and Security" link located in the footer section of the Site (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

 

Copyright Complaints

Hourglass respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below (a "Notice"):

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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.

Address:

Hourglass Watch & Jewelry Corp
1343 Meadowood Way
Qualicum Beach, BC V9K 2S4
Canada
ATTN: Copyright Agent

 

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

 

Colors & Style

We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color or style will be accurate.

 

Links to Other Web Sites and Services

The Site may contain links to other Web sites that are not under the control of Hourglass. Hourglass has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. If you use the links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the Site’s users.

 

Disclaimer, Limitation of Liability and Indemnification

You agree to defend, indemnify and hold Hourglass harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

While Hourglass uses reasonable efforts to include accurate and up-to-date information on the site, your use and browsing of the site is at your risk. Nothing in the site, including product or service information, will add to or change any contract for products or services you may have with Hourglass, its suppliers or affiliates.

THE SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SITE OR THE CONTENT IS AT YOUR OWN RISK. HOURGLASS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE OR THE CONTENT.

HOURGLASS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

IN NO EVENT WILL HOURGLASS, NOR ITS AFFILIATES, EMPLOYEES, PARTNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, SUBCONTRACTORS, AGENTS, DISTRIBUTORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS, BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER LIABILITIES), WHETHER OR NOT HOURGLASS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.

 

DISPUTE RESOLUTION

Informal Dispute Resolution.

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Hourglass agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

1) to Hourglass Watch & Jewelry Corp:

1343 Meadowood Way
Qualicum Beach, BC V9K 2S4
Canada
Attn: Dispute Resolution, or

2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and Hourglass agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Small Claims Court.

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, either you or Hourglass may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

 

Termination

These terms are effective unless and until terminated by either you or Hourglass. You may terminate this Agreement at any time. Hourglass also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

 

General

This Agreement shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Hourglass’ right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site. These laws apply to your access to or use of the Website or the Content, notwithstanding your domicile, residency or physical location. The Website and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.