Terms of Use

Updated: October 5, 2005

Welcome to AmberWatch.com. By accessing or using this Site, you ("User") agree to comply with the terms and conditions governing User use of any areas of the AmberWatch.com web site (the "Site") as set forth below.

USE OF SITE

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose except as expressly permitted by Vertex Group, LLC (“AmberWatch®”). AmberWatch® and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if AmberWatch® believes that User conduct violates applicable law or is harmful to the interests of AmberWatch® or its affiliates.

CONTENT

A. Proprietary Rights in Content

User acknowledges that the Site contains content, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The compilation (meaning the collection, arrangement and assembly) of all Content on this Site is the exclusive property of AmberWatch® and protected by U.S. and international copyright laws. All software used on this Site is the exclusive property of AmberWatch® and protected by U.S. and international copyright laws. The Content and software on this Site may be used as a shopping and selling resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Content of this Site is strictly prohibited.

B. Submission of Information or Content

AmberWatch® welcomes User comments, information and submissions (collectively, "Submission"). AmberWatch®, however, does not assume any obligation with respect to any Submission and no confidential or fiduciary understanding or relationship is established by AmberWatch® 's receipt or acceptance of any Submission. All Submissions become the exclusive property of AmberWatch® and its affiliates. AmberWatch® and its affiliates may use any Submission without restriction and User shall not be entitled to any compensation.

C. Content

Neither AmberWatch®, nor its affiliates, nor any of their respective officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of this Site, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In some instances, the Content available through the Site may represent the opinions and judgments of Providers or Users. AmberWatch® and its affiliates do not endorse and shall not be responsible for the accuracy or reliability of any opinion, advice, or statement made on this Site by anyone other than authorized AmberWatch® employees. Under no circumstances shall AmberWatch®, or its affiliates, or any of their respective officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Site. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through this Site.

D. Links to Third Party Websites

The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by AmberWatch. If User uses these links, User may leave the Site. AmberWatch® has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. AmberWatch® does not endorse or make any representations about third party sites or any information, or other products or materials found there, or any results that may be obtained from using them. If User decides to access any of the third party sites linked to the Site, User does so entirely at User's own risk.

E. Third Party Products and Services

The Site may contain advertising and other mention of third party products and service for information purposes. AmberWatch® makes no recommendations or endorsements about third party products and services. References to third party products and services are provided by AmberWatch® “as is,” without warranty of any kind, either express, implied or statutory, including, without limitation, the implied warranties of non-infringement of third party rights, merchantability, and fitness for a particular purpose.

DISCLAIMERS AND LIMITATION OF LIABILITY

User agrees that use of this Site is at User's sole risk. Neither AmberWatch®, nor its affiliates, nor any of their respective officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, "Providers"), warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Site. THIS SITE IS PROVIDED BY AmberWatch® ON AN "AS IS" AND "AS AVAILABLE" BASIS. AmberWatch® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE , THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE . TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AmberWatch® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AmberWatch® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE , INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. Under no circumstances shall AmberWatch® or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this Site, including but not limited to reliance by a User on any information obtained from AmberWatch® or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to AmberWatch® 's records, programs, or services. User hereby acknowledges that these disclaimers and limitation on liability shall apply to all content, merchandise, and services available through this Site. In states that do not allow the exclusion of limitation or limitation of liability for consequential or incidental damages, User agrees that liability in such states shall be limited to the fullest extent permitted by applicable law.

USAGE BY CHILDREN UNDER 13

AmberWatch® cannot prohibit minors from visiting this Site. AmberWatch® must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. AmberWatch® requires that all purchases be made either (i) by individuals 13 years of age or older, or (ii) by minors under 13 through a AmberWatch® authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT THE SITE, YOU ARE REPRESENTING TO AmberWatch® THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH A AmberWatch® AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS, AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.

EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States . This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

TERMINATION OF USAGE

AmberWatch® may terminate User's access, or suspend any User's access to all or part of the Site, without notice, for any conduct that AmberWatch®, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or AmberWatch® or any of its affiliates.

INDEMNITY

User agrees to indemnify and hold AmberWatch®, its affiliates and their respective officers, directors, employees and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or in connection with User's breach of any term or condition of this User Agreement or User's violation of any law or the rights of any third party.

COPYRIGHT

All content contained on this Site, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, is the property of AmberWatch®, its affiliates or their respective content suppliers and protected by U.S. and international copyright laws.

TRADEMARKS

AmberWatch® is a trademark of Vertex Group LLC in the United States and other countries. AmberWatch® trademarks may not be used in connection with any product or service that is not AmberWatch® 's in any manner that may cause confusion regarding the source or origin of any product or service, or in any manner that disparages or discredits AmberWatch® . AmberWatch® and Attention is the key to Prevention are registered trademarks of Vertex Group LLC in the U.S. and other countries.

PATENTS

AmberWatch® watches are covered by a variety of patents pending.

ARBITRATION

Any controversy or claim arising out of or relating to this User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or 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. Arbitration shall be conducted in Orange County , California , and judgment on any arbitration award may be entered in any court having jurisdiction thereof. Each party shall be responsible for its own fees and costs in relation to the arbitration. The parties shall share equally the arbitrator's fees and costs. The arbitrator shall have no authority to award costs or punitive damages to any party. User or AmberWatch® may seek any interim or preliminary equitable relief from a court of competent jurisdiction in Orange County , California necessary to protect the rights or property of User or AmberWatch® pending the completion of arbitration.

GENERAL

This User Agreement shall be construed and governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents and without giving effect to any principles of conflicts of law. This User Agreement sets forth the entire understanding and agreement between User and AmberWatch® with respect to the subject matter hereof and terminates, cancels and supersedes any and all oral or written agreements, understandings, statements, representations and warranties heretofore made relating to the subject matter hereof. The failure of User or AmberWatch® to insist upon strict adherence to any provision of this User Agreement on any occasion shall not be considered a waiver of such party's right to insist upon strict adherence to such provision on any other occasion or to any other provision of this Agreement in any instance. Any waiver shall be in writing signed by a duly authorized representative of the waiving party. If one or more any provision of this User Agreement is held to be illegal, invalid or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. In the event a provision is held to be illegal, invalid or unenforceable, the User Agreement shall remain in full force and effect and the arbitrator or court shall be empowered to modify, if possible, such illegal, invalid or unenforceable provision to the extent necessary to make this User Agreement enforceable in accordance with the intent and purposes of the parties expressed herein to the fullest extent permitted by applicable law. The section headings contained in this User Agreement are for convenience only are in no way define, limit, or enlarge the scope of the provisions of such section and shall not be considered in the interpretation or enforcement of this User Agreement.

ACKNOWLEDGMENT

By accessing or using this Site, USER AGREES TO BE BOUND BY THE TERMS AND CONDITION, INCLUDING DISCLAIMERS. AmberWatch® reserves the right to make changes to its Site and these terms and conditions, including disclaimers, at any time.

CUSTOMER PRIVACY

User's use of the Site is governed by the AmberWatch® Privacy Policy, which is available at http://www.AmberWatch.com/privacy and incorporated by reference into these terms.

We may use customer information for marketing and promotional purposes.

TAXES

We charge sales taxes as required by law and according to the shipping address (not the billing address). California is the only US state where sales tax is currently charged.

International orders may incur duties and import taxes. These are the responsibility of the buyer. Customs charges can sometimes equal the price of the product. We encourage you to contact your local customs office for estimates on these charges.

CONTACT US

AmberWatch® can be reached using the following contact information:

Address:

AmberWatch® PO Box 8044
Van Nuys , CA 91409

Phone: 1-800-514-6508 Email: info@amberwatch.com