3. USE OF MATERIAL ON THE SITE
3.1. All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio/video clips, downloads, interfaces, material, information, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by The Swatch Group (US) Inc., its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may only access, copy, download and print the content contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the content you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site, or use of the Site for purposes competitive to The Swatch Group (defined below), is expressly prohibited. Rado and the Swatch Group (US) Inc. reserve the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. The Swatch Group (US) Inc., or its licensors or content providers, retain full and complete title to the content provided on the Site, including all associated intellectual property rights, and provide this content to you under a non-exclusive limited license that is revocable at any time in Rado’s and The Swatch Group (US) Inc.’s, sole discretion. The Swatch Group (US) Inc. neither warrants nor represents that your use of content on this Site will not infringe rights of third parties not affiliated with The Swatch Group (US) Inc.
3.2. You or third parties acting on your behalf may not: (i) use contact information provided on the Site for unauthorized purposes, including marketing; (ii) use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site; (iii) interrupt or attempt to interrupt the operation of the Site in any way; (iv) frame this Site or use The Swatch Group’s proprietary marks, or any mark, word, term or slogan likely to be confused therewith, as meta tags or anything else, without duly authorized prior written consent from an authorized representative of The Swatch Group. These marks include, but are not limited to, BALMAIN, BLANCPAIN, BREGUET, CK, CERTINA, ENDURA, FILK FLAK, GLASHUTTE ORIGINAL, TISSOT, JAQUET DROZ, LEON HATOT, LONGINES, MIDO, OMEGA, RADO, SWATCH and UNION GLASHUTTE; (v) use frames or utilize framing techniques or technology to enclose any content included on the Site; or (vi) utilize any Site content in any meta tags or any other "hidden text" techniques or technologies.
4. TRADEMARKS AND COPYRIGHT
5. MERCHANDISE AVAILABILITY
5.1. Rado prides itself in providing exclusive, quality merchandise. Availability of merchandise may vary at our authorized retailers and on rado.com/en_us. Some featured items may be available only in limited quantities or only while supplies last. Once an item is no longer available or out of stock, we may attempt to, respectively, remove the item promptly from display on rado.com/en_us or list it as “out of stock,” “unavailable” or the like. Display of an item on rado.com/en_us is not a guarantee that the item is currently available or in stock or that it will be available on our Site when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to our Site or if you have any questions concerning the availability of a particular item, please contact our Customer Services group via email at firstname.lastname@example.org or call 1-800-283-7236 Monday through Friday from 8am to 6pm EST, excluding holidays, or via mail to:
THE SWATCH GROUP (U.S.) INC., DIVISION RADO CUSTOMER SERVICE 55 METRO WAY SUITE 1, SECAUCUS, NJ 07094. We will make every commercially reasonable effort to fulfill your requests whenever possible.
6. MERCHANDISE DISPLAY
6.1. Rado will make commercially reasonable effort to display its merchandise on rado.com/en_us as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. Rado and every other member of The Swatch Group are not responsible for the display of any color, texture or detail of its merchandise on your computer screen and cannot guarantee the accuracy thereof. However, if you are dissatisfied with any item you purchase from rado.com/en_us, you can return or exchange it to us in accordance with our then current terms. For more information regarding Rado’s return and exchange policy and procedures, please visit the Customer Service or Frequently Asked Questions page on our Site.
7. ORDERS, PROHIBITION ON RESELLING, AND PRICE
7.1. The content on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from or through this Site for resale by you or any other person, and you may not resell any item purchased from or through this Site. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
8. INTERNATIONAL VISITORS
8.1. We truly value your interest in our Online Store. However, please note that rado.com/en_us can only ship to the United States of America at this time. We do, however, encourage our international visitors to stay tuned for updates on our shipping practices and other Site development.
9. YOUR ACCOUNT
9.1. When and if you use the Site, it shall be your sole responsibility to provide true, accurate, current and complete information about yourself and maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you created on the Site (the "Account"), and for restricting access to your computer(s). You also agree to accept sole responsibility for any and all activity that occurs under your Account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your e-mail address, password and any other account identifiers related to any personal account you created on the Site, notify Rado immediately. Rado may assume that any communications Rado receives under your e-mail address, password and any other account identifiers related to any personal account you created on the Site have been made by you unless Rado receives notice otherwise.
10. USER SUBMISSIONS
10.1. Any comments, suggestions, reviews, ideas, materials and other submissions ("User Submissions") that you send, provide or convey to or on behalf of Rado are provided on a non-confidential and non-proprietary basis. By submitting User Submissions, you are granting Rado and The Swatch Group an irrevocable, royalty-free, perpetual, worldwide, and fully sub-licensable license to reproduce, publish, modify, adapt, translate, creative derivative works from, and otherwise use in whole or in part your User Submissions for any purpose in any media, whether now known or hereafter invented, for any purpose (including for commercial or promotional purposes). You grant Rado and The Swatch Group the right to use your name and likeness in connection with any such use of User Submissions made by you, but we will not be obligated to identify or attribute you in connection with any such use. You also agree that we and every other member of The Swatch Group will be free to use any ideas, concepts, know-how or techniques contained in any User Submissions for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products which incorporate or otherwise rely upon that information, without notifying or providing any further compensation to you.
10.2. You represent that no User Submission made by or through you to or through the Site violates any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further represent that no User Submissions made by or through you to the Site will be or contain material that is offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate the security of the Site or would otherwise violate the law. You agree that you will remain responsible for the content of any User Submissions you make and that you or any party acting through you will not seek to hold Rado or The Swatch Group liable for the User Submissions of others.
11. LINKS TO OTHER WEBSITES
11.1. When you access a non-Rado website, please realize that it is independent of Rado. Linking to any off-site pages is at your own risk. Rado makes no warranties or representations about any non-Rado website and has no responsibility or liable to you for such websites or their content. In addition, certain third party sites may also provide links to Rado websites. None of such links should be deemed to imply that Rado endorses such third party websites or any content therein.
12. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS SITE
12.1. We are not responsible if content made available on this Site is not accurate, complete or current. The content on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the content on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the content of this Site at any time (including after you have submitted your order), but we have no obligation to update any content on the Site. You agree that it is your sole responsibility to monitor changes to the Site.
14.1. Your use of this site is at your sole risk. The site is provided on an "as is" and "as available" basis. The indemnified parties expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that content and materials on the site are noninfringing, as well as warranties implied from a course of performance or course of dealing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be complete, accurate or timely. If you download any content or materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content and materials. No advice or information, whether oral or written, obtained by you from rado or the swatch group or through or from the site shall create any warranty of any kind. The indemnified parties do not make any warranties or representations regarding the use of the content and materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
14.2. In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
15. LIMITATION OF LIABILITY
15.1. You acknowledge and agree that: (i) you assume full responsibility for your use of the site (ii) any information or other content you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties; (iii) your use of the site is at your own risk; and (iv) the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, the indemnified parties shall not be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site you access through a link or conduit from this site or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the site, or for any content, products or services advertised in or obtained through the site, rado’s removal or deletion of any materials or user submissions submitted or posted on or through its site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if the indemnified parties have been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that the indemnified parties shall not be liable for any defamatory, offensive or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with the indemnified parties is to discontinue your use of the site. You and rado agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.
16. JURISDICTION AND APPLICABLE LAW
18. ENTIRE AGREEMENT AND ADMISSIBILITY
20.1. You acknowledge that the Entire Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and/or receipt of content available at or through the Site.
20.2. Last updated January 10, 2019