Terms & Conditions
Precision Watches & Jewelry (“we”, “us”, “our”) present the following terms and conditions, which govern your use of the Precision Watches & Jewelry site (Website), and all content, services and products available at or through the Website, including but not limited to https://www.precisionwatches.com. If you have any questions, feel free to ask us, and we’ll do our best to answer.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree that you are bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Precision Watches & Jewelry, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
If you operate an account, comment on an account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, also known as “Content”), you are entirely responsible for that Content and any harm that may result from it. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software.
I. Your Account
If you establish an account on the Site, you are responsible for maintaining the confidentiality and security 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. Precision Watches & Jewelry does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. We will not be liable for any acts or omissions resulting from a breach of security, including any damages of any kind incurred as a result of such acts or omissions.
II. Account Structure
Precision Watches & Jewelry currently has a tiered account structure.
- Free Accounts can be registered free of charge. Free accounts can access basic site features, but do not receive access to all of the extended site features.
- Paid Accounts are available for term-based fee and receive access to all extended site features.
- Premium Paid Accounts are available for term-based fee and receive access to all extended site features, at higher limits (for those features that have limits) than those given to paid accounts.
- Seed Accounts are reserved for those who have contributed significantly to the Precision Watches & Jewelry project, at our discretion. They receive all features available to premium paid accounts, at those limits, for as long as Precision Watches & Jewelry continues to operate, without need for future payment.
Payments to Precision Watches & Jewelry, for account services or for any other purpose, are refundable or transferable solely at Precision Watches & Jewelry’s discretion.
By using this Service, you agree to this account structure, and to Precision Watches & Jewelry’s right to change, modify, or discontinue any type of account or the features available to it at any time.
You agree to indemnify and hold harmless Precision Watches & Jewelry, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.
We may terminate your access to all or any part of the Website at any time, at our sole discretion, if we believe that you have violated this Agreement. You agree that any termination of your access to the Website may involve removing or discarding any content you have provided. We may, at our sole discretion, discontinue providing the Website at any time, with or without notice.
If you wish to terminate this Agreement, you may delete your account and cease using the Website. You agree that, upon deletion of your account, we may, but are not required to, remove any content you have provided, at any time past the deletion of your account.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
VI. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we, any user, or any provider of Content links, or that link to us. We do not have any control over those websites and webpages, and are not responsible for their contents or their use. By linking to an external website or webpage, we do not represent or imply that we endorse such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of external websites and webpages, whether that link is provided by us or by any provider of Content on the Website.
IX. Member Conduct
You agree that you will not use the Website to:
1. Upload, post, or otherwise transmit any Content that is harmful, threatening, abusive, hateful, invasive to the privacy and publicity rights of any person, or that violates any applicable local, state, national, or international law, including any regulation having the force of law;
2. Upload, post, or otherwise transmit any Content that is spam, or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
3. Maliciously impersonate any real person or entity, including but not limited to a Precision Watches & Jewelry staff member or volunteer, or to otherwise misrepresent your affiliation with any person or entity;
4. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
6. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
7. Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
8. Provide any material that is illegal under United States law;
9. Upload, post or otherwise transmit any Content that contains viruses, worms, malware, Trojan horses or other harmful or destructive content;
10. Allow usage by others in such a way as to violate this Agreement;
11. Make excessive or otherwise harmful automated use of the Website;
12. Access any other person’s account, or exceed the scope of the Website that you have signed up for; for example, accessing and using features you don’t have a right to use.
X. Terms Applicable to the Sale of Merchandise
The following terms and conditions govern any Transaction relating to the sale, or attempted sale, of Merchandise by Precision Watches & Jewelry or a Third Party Seller.
Shipping & Delivery Policy
Please be assured that your items will ship out within two (2) days of purchase. We determine the most efficient shipping carrier for your order. The carriers that may be used are: U.S. Postal Service (USPS), United Parcel Service (UPS) or Federal Express (FedEx). Sorry, but we cannot ship to P.O. Boxes.
If you’re trying to estimate when a package will be delivered, please note the following:
- Credit card authorization and verification must be received prior to processing.
- FedEx and UPS deliveries occur Monday through Friday, excluding holidays.
Items may be exchanged for store credit or exchange only within 30 days of the ship date received on the item. Please contact Customer Service in advance to obtain a Return Merchandise Authorization. You must pay for return shipping, but we do not charge an inventory restocking fee.
Risk of Loss
All items purchased from Precision Watches & Jewelry or a Third-Party Seller are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We attempt to be as accurate as possible. However, we do not warrant that Merchandise descriptions or other content on our site, including, without limitation, pricing information, is accurate, complete, reliable, current, or error-free.
Price for Merchandise sold by us are subject to change at any time, without notice. With respect to items sold by us, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our inventory may be mispriced. If the correct price of an item sold by us is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Third-Party Sellers may follow different policies in the event of a mispriced item.
Third-Party Sellers, other than Precision Watches & Jewelry, also list Merchandise for sale on the Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Precision Watches & Jewelry does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Accuracy of Billing and Account Information
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 that 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.
You agree to provide current, complete and accurate purchase and account information for all purchases made from us or a Third-Party Seller. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
X. Copyright Infringement
If you believe that material located on the Website violates your copyright, you may notify us in accordance with the Digital Millennium Copyright Act (‘DMCA’). We will respond to all such notices as required by law, including by removing the infringing material or disabling access to the infringing material. As set forth by law, we will, in our sole discretion, terminate or deny access to the Website to users of the site who have repeatedly infringed upon the copyrights or intellectual property rights of others.
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time. We will take reasonable steps to notify you of any substantial changes to this Agreement; however, it is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
XI. Our Intellectual Property Rights
The Site, all materials on the Site, including, but not limited to the logos, sales copy, images, navigational aids, illustrations, and all of such items that are provided to you in tangible form (the “Intellectual Property”), are owned by and the property of us or our affiliates and licensors and are protected from unauthorized use, distribution and copying by United States trademark law and copyright law, foreign laws and international conventions and other intellectual property laws. In order to use any Intellectual Property, you must obtain our written consent prior to your use. We reserve all rights not expressly granted by these Terms and Conditions.
You hereby acknowledge and agree that you provided to us the email address, physical address, and telephone numbers that are in our records, and it is your responsibility to provide us with any current or updated contact information. You further acknowledge and agree that: (i) any email message that we send to you is deemed to have been effectively received by you and constitutes due notice to you by email; and (ii) any phone message we leave with you, anyone answering your phone, or on your answering machine or service is effectively received by you and constitutes due notice to you by telephone. In the event of any strike, disruption of service, or any other problems that we might encounter with Shipper, we reserve the right in our discretion to replace Shipper with another shipping carrier. Precision Watches & Jewelry is licensed to do business in the State of Pennsylvania and is governed by the laws of the State of Pennsylvania.
XII. Disclaimer of Warranties
This Website is provided “as is”. Precision Watches & Jewelry and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Precision Watches & Jewelry, nor its suppliers and licensors, makes any warranty that the Website will be error free or that access to the Website will be continuous or uninterrupted. You agree that any interruptions to the service will not qualify for reimbursement or compensation. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
No advice or information, whether oral or written, obtained by you in any fashion shall create any warranty not expressly stated in this Agreement.
In the event that any provision hereof is found to be invalid or unenforceable, the remainder of these Terms and Conditions shall remain valid and enforceable according to their terms. It is expressly understood and agreed that each provision of these Terms and Conditions that provides for a disclaimer of warranties, limitation on liability, or exclusion of damages is intended by the parties to be severable and independent of any other provision and to be enforced as such. The failure of a party to enforce any applicable provision of these Terms and Conditions, or to require at any time performance by the other party of any provision or obligation hereof, shall in no way be construed to be a waiver of such provision, nor in any way affect the validity of these Terms and Conditions or any part hereof, or the right of such waiving party.
XIII. Limitation of Liability
You expressly understand and agree that in no event will Precision Watches & Jewelry, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; (iv) any statements or conduct of any third party on the service; or (v) any unauthorized access to or alterations of your Content. We shall have no liability for any failure or delay due to matters beyond our reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
XIV. General Information
This Agreement constitutes the entire agreement between us and you concerning your use of the Website. This Agreement may only be modified by a written amendment signed by an authorized representative of Precision Watches & Jewelry, or by the posting of a revised version to this location. Except to the extent that applicable law (if any) provides otherwise, any dispute arising between you and Precision Watches & Jewelry regarding these Terms of Service and/or your use or access of the Website will be governed by the laws of the state of Maryland and the federal laws of the United States of America, excluding any conflict of law provisions. You agree to submit to the jurisdiction of the state and federal courts located in Baltimore City, Maryland for any disputes arising out of or relating to your use of the Website or your acceptance of this Agreement.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
XV. Creative Commons
This Terms of Service document is based on one developed by Automattic (http://wordpress.com/tos/) and is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.