MaraWatch & Company, LLC
What information do we collect?
We collect information from you when you fill out the Contact form.
When ordering, as appropriate, you may be asked to provide your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To personalize your experience - your information helps us to better respond to your individual needs.
- To improve customer service - your information helps us to more effectively respond to your customer service requests and support needs.
- To process transactions - Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To send periodic emails - The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is collected and transmitted via our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
The content of the Site, including the text, images, software, audio and video, as well as the compilation of the content (collectively referred to herein as "Materials"), is the property of MaraWatch & Company, LLC (“MaraWatch”) and is protected by U.S. and international copyright laws. Neither the Site nor the Materials may be modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of MaraWatch, except that you may download Materials on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.
MaraWatch is among the trademarks (and pending trademarks), service marks, and/or registered trademarks of MaraWatch & Company, LLC in the United States and in other countries. MaraWatch's trademarks (and pending trademarks) may be reproduced or used only with MaraWatch's written permission and with proper acknowledgement. All other trademarks, service marks, product and service names and company names or logos that appear on the Site are the property of their respective owners.
You agree that any materials, including but not limited to: questions, comments, suggestions, ideas, product reviews/ratings/photographs/videos, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or other submissions to MaraWatch are non-confidential and you grant to MaraWatch a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in MaraWatch's sole discretion and without compensation to you. You also grant to MaraWatch the right to use your name and/or your city, state and country in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. MaraWatch has no obligation to use any submitted materials and may remove any such materials in its sole discretion.
Disclaimer of Warranties
THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED BY MARAWATCH ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARAWATCH MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARAWATCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MARAWATCH DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SUBJECT TO CORRECTION, OR ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL MARAWATCH OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS) OR FOR ANY THIRD PARTY CLAIMS ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR ANY OTHER SERVICES ACCESSED THROUGH THE SITE, OR WITH RESPECT TO THE INFORMATION, SERVICES, OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MARAWATCH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MARAWATCH'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $50USD. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Changes to Site
MaraWatch reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that MaraWatch will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Applicable Law and Jurisdiction
This agreement shall be governed by the laws of the State of Delaware, without giving effect to any principles of conflicts of laws. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this agreement or the parties' relationship. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Delaware for all claims arising out of or relating to this agreement.
You shall comply with all applicable laws and regulations, including U.S. export laws. The terms and conditions set forth herein constitute the entire agreement between you and MaraWatch. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this agreement will continue in full force and effect.
Terms of Sale
1. Prices, descriptions and availability of products are subject to change without notice. MaraWatch is committed to providing current and accurate information on our web sites, email, telephone and other communications. We do not, however, warrant that this information is always correct, accurate or complete, and system and typographical errors may sometimes occur. We will correct errors that we discover, and we reserve the right to revoke any offer and to correct any errors (including, but not limited to pricing errors, errors in the item description or availability errors), even after the order has been submitted and regardless of whether the order has been confirmed and your credit card charged. In the event a product is listed or sold at an incorrect price, MaraWatch shall have the right to refuse or cancel any orders placed for products listed or sold at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase (but the product has not yet shipped) and your order is canceled, MaraWatch shall issue a credit to your credit card account in the amount of the charge.
2. The sole remedy of a customer acting on incorrect information from MaraWatch is to request a cancellation of the order placed as a result of this incorrect information.
3. MaraWatch reserves the right to reject or cancel any order for any reason at any time. MaraWatch also reserves the right to limit quantities of any order for any reason at any time. The customer's sole remedy in such cases will be a refund of any funds that we have collected in reference to the rejected or canceled order (or portion thereof).
4. MaraWatch may from time to time offer promotions on its products. These promotions are offered at MaraWatch's sole discretion, and MaraWatch reserves the right to modify the terms and conditions, or terminate any of these promotions at any time and without prior notice.
5. By purchasing from or submitting an order to MaraWatch, you agree that all claims arising out of or relating to your purchase / order will be heard and determined exclusively by the court selected by MaraWatch at the time of dispute.
6. If any provision of these General Terms of Sale is held by a court of competent jurisdiction to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to render it valid and enforceable, and the remainder of these General Terms of Sale will remain in full force and effect.
7. Return Policy
Customer service and customer satisfaction are at the core of MaraWatch. If for any reason you are not satisfied with your timepiece and/or straps/bracelets purchased directly from MaraWatch, please contact us within 15 days of receiving the timepiece. MaraWatch will either remedy the issue or initiate a return for a refund.
Conditions for return include:
- Any signs of wear, use, or damage are not eligible for return.
- Customized and/or personalized pieces are not eligible for return.
- Timepiece and straps/bracelets must be unworn. Steel bracelets (or spare bracelets) that have had links added or removed are not eligible for return.
- To be eligible for a refund, you must ship your product to MaraWatch within 7 days after the decision for the return and refund has been approved by MaraWatch.
- All original materials included with your timepiece (including the box, manuals and cards) must be included.
- Products that have been altered, serviced or repaired by anyone other than MaraWatch or an authorized MaraWatch service center are not eligible for a refund.
Please pack your product securely and ship it to MaraWatch. For your protection, please ship your product to MaraWatch via insured carrier with shipment tracking and signature required for delivery. Please also pack your watch securely prior to shipping so that it will not be damaged during return shipping. MaraWatch is not liable for loss or damage that occurs to products during return shipping. If you have any questions about packing safely for shipping, please contact us for detailed instructions.
MaraWatch will determine whether your product is eligible for return. Once we receive your returned timepiece / strap / bracelet, we will inspect and test it to determine whether it qualifies for a refund. If the return is approved, we will refund the purchase price and sales tax (if any was collected by MaraWatch), less the shipping costs associated with your order. If MaraWatch determines that your watch is not eligible for return, we will contact you to make arrangements for returning your watch to you at your expense. We may also, in our discretion, offer a partial refund if we determine that your watch / strap / bracelet is not eligible for return.
Note on shipments outside the United States: When your MaraWatch purchase is shipped to you, or when you ship a product to MaraWatch under our return policy, the customs office (or other authorities) in the sending country and/or destination country may separately apply export or import duties, customs fees and/or other duties, fees, taxes and charges. You are solely responsible for payment of these duties, fees, taxes and charges (whether you keep or return your purchase), and you agree to fully reimburse MaraWatch if for any reason it becomes obligated to pay any of these amounts on your behalf.
Terms of Sale last modified on April 2, 2012.