G.M.T. TERMS AND CONDITIONS ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE. Welcome to WatchNetwork.com, the website of G.M.T. Distribution, Inc. ("G.M.T."). We at G.M.T. are happy to offer you the ultimate watch store offering a collection of watch straps, watch winders and special order fine time pieces. We collectively refer to the services that we provide to you through this site, and our site itself, as the "Service." PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE. The following language describes the legal relationship between you and G.M.T. By accessing any area of the Service, you agree to abide by and to be legally bound by the following legal terms of use ("TOU"), including, but not limited to the WatchNetwork.com returns and exchange policy located here and you acknowledge that any other agreement between you and G.M.T. regarding this Service and your use thereof is superseded by these TOU. We reserve the right to modify or update these TOU at any time, and you agree to be bound by such modifications or updates as soon as they are posted on this site. We furthermore reserve the right, at any time and without any liability to you, to discontinue the Service. Please note that our Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Service unless these TOU have been agreed to by a parent or legal guardian. GENERAL TERMS OF PURCHASE. The purchase terms in the following paragraph relate to items available through the Service from G.M.T.’s affiliated retail companies: The goods sold through this Service are shipped from the State of New York. Therefore, tax is charged and collected on all shipments within New York State. G.M.T. does not currently ship from any other state within the United States, and therefore does not charge taxes for non-New York, domestic shipments. For all shipments outside of the United States, the customer is responsible for all taxes, customs, and/or import duties. All items purchased from G.M.T. are F.O.B. our New York location, and title to the purchased items passes to the customer at the time the goods are delivered to the carrier. Listed prices may be changed by G.M.T. at any time without notice to you. The price listed on the Service does not guarantee that purchase price until payment is made. If an incorrect price is listed due to typographical or other error, G.M.T. has the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not 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 refused or canceled by G.M.T., G.M.T. will promptly issue a credit to your credit card account in the amount of the charge. COMMUNITIES. In addition to offering watch and watch accessory products from G.M.T.’s affiliated retial companies, we are proud to offer within the Service on-line discussion communities, including, without limitation, "Watch Classifieds," which offers our users the ability to post and view numerous watch listings (collectively, the "Communities"). G.M.T. encourages your participation but asks you to remember that you are responsible for the content of messages you post. G.M.T. does not and cannot review every message posted (but reserves the right to do so). 1. Additional Communities Terms. In addition to the other TOU, if you access or use the Communities, you are responsible for complying with the policies in this Communities section (as subsequently modified and posted by G.M.T.); if you cannot comply with the TOU (including these policies), please do not use the Communities. By using the Communities, you acknowledge and agree to the following: 1. The information you submit to the Communities shall not be deemed confidential, and shall be publicly available to third parties. 2. Content available through the Communities is provided "AS IS," and you are solely responsible for your reliance on and use of such content. In addition, you shall remain solely responsible for the content of messages you post. G.M.T. does not and cannot review every message posted in the Service and is not responsible for the content of these messages or for the consequences of any communications made through the Communities. 3. You agree not to upload to or distribute or otherwise publish through the Communities any content that is libelous, defamatory, obscene, pornographic, slanderous, threatening, harassing, hateful, abusive, embarrassing to any other person or entity, or that violates or infringes the copyright, trademark, or any other personal or proprietary rights of any third party, or that is otherwise inappropriate. 4. You agree not to use the Communities for any purpose in violation of local, state, national, or international laws or regulations, the TOU or applicable Internet regulations, policies and procedures. 5. The Communities may be used only for non-commercial purposes. You agree not to, without the express approval of G.M.T., distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services (except with respect to your own personal use of the site for the posting of, and response to, ads for watches and watch accessories). 6. You agree not to engage in activities which interfere with Service operations; post chain letters or pyramid schemes; impersonate another person or allow another person or entity to use your identification for posting or viewing comments; distribute viruses or other harmful computer code; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same note more than once or; spam." 7. You agree not to disrupt the normal flow of dialogue, or otherwise engage in any other conduct that restricts or inhibits any other person from using or enjoying the Communities or the Service, or which, in the judgment of G.M.T., exposes G.M.T. or any of its affiliates, licensors, licensees, or users to any liability or detriment of any type. 8. If you become aware of a violation of these policies, please notify G.M.T. by sending a detailed e-mail message to custserv@watchnetwork.com. If you are writing to report a copyright infringement, please follow the procedure set forth in the section entitled "DMCA Notice" in these TOU. G.M.T. reserves the right to take any action it deems necessary to protect the personal safety of our users or the public, including, without limitation, terminating your account. G.M.T. has no liability or responsibility to users of this Service or the Communities or any other person or entity for performance or nonperformance of the aforementioned activities. 2. Listing An Item in Watch Classifieds. By listing an item in Watch Classifieds, you represent and warrant to prospective buyers that you have the right and ability to sell, and that the listing or description is accurate, current and complete, and is not misleading or otherwise deceptive. Listed items should be limited to watches and watch accessories. Note that, in general, there are taxes on anything you sell through the Service; as such, we recommend that you contact a tax expert to advise you about your sales through the Service. You agree to pay applicable fees for listing your classified ad(s). 3. Communities Disclaimers. By accessing the Communities (including, without limitation, Watch Classifieds), you acknowledge and agree that, in addition to the disclaimers set forth below in the "Disclaimer of Warranties" section of these TOU, the following disclaimers apply: Although we provide a forum through which users may list and respond to online classified ads, we are not involved in the actual transactions between buyers and sellers. As such, we have no control over the truth or accuracy of the listings, the quality, safety or legality of the items advertised, the ability of sellers to sell items or the ability of buyers to buy items. Nor can we ensure that a buyer or seller will ultimately complete a transaction. In addition, because user authentication on the Internet is difficult, we cannot and do not confirm each user's purported identity. Again, owing to the fact that we are not involved in the actual transactions between buyers and sellers, in the event that you have a dispute with one or more users, you release G.M.T. (and our officers, directors, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes; you further acknowledge that we are not under any obligation to resolve any such disputes. If you are a California resident, you waive California Civil Code §1542, which provides that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Finally, we do not control the information or materials provided or items offered for sale by other users which is made available through our system. We do not represent or warrant that the information or items offered through the Service will be as represented by sellers, available for sale at the time of purchase, lawful to sell, or that sellers or buyers will perform as promised. You may find such information to be offensive, harmful, inaccurate, or deceptive. We urge you to exercise caution, and to use common sense when using our Service. Note that there are also risks of dealing with underage persons, people acting under false pretense, or international trade and foreign nationals. COPYRIGHT. All content on the Service, including but not limited to text, graphics, logos, button icons, images, audio clips, software, or other material, whether or not having a copyright notice (©), see 17 U.S.C. §§ 102 and 401, is owned by or licensed to G.M.T. or its suppliers, and is protected by United States and international copyright laws and regulations. The content and software on the Service may be used as a personal shopping resource or may be downloaded for personal, non-commercial use provided all copyright and proprietary notices are retained. However, any other use, including but not limited to reproduction, modification, distribution, sale, transmission, republication, display, or performance is a violation of United States and international copyright laws and regulations and is strictly prohibited. TRADEMARKS. The following, without limitation, are trademarks of G.M.T. or its affiliates: WATCHNETWORK.COM THEWATCHNETWORK.COM THE WEB'S AUTHORIZED WATCH DEALER THE WEB'S AUTHORIZED WATCH STORE OUR SUPERMODELS CAN TELL TIME EVERYTHING BUT A CLOSING TIME G.M.T. and its affiliates reserve all rights in these trademarks and all of their other trademarks, services marks, graphics, logos, names and designs. Said marks and materials may not be used without the prior written consent of G.M.T. or its affiliates. All other trademarks, services marks, product names, company names, and logos appearing on the Service are the trademarks of their respective owners. Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply the endorsement, sponsorship or recommendation by G.M.T. Information concerning listed watches, accessories and other products or materials available through the Service are the sole responsibility of the listing third party(ies). PROCESS AND TECHNOLOGY You acknowledge that the Service is the property of G.M.T. and that the ideas, technology, look and feel, techniques, methods, business practices, and procedures constituting the Service, including but not limited to the "custom watch strap" process, are valuable assets owned by, or licensed to, G.M.T. (collectively, the "G.M.T. Technology"). All intellectual property rights and other rights with respect to the Service and the G.M.T. Technology remain with G.M.T. in perpetuity. Except as expressly set forth in these TOU, you shall have no rights of any nature in the Service or the G.M.T. Technology. You expressly agree not to download, reverse engineer, reproduce or distribute any of the G.M.T. Technology. You may not decompile, reverse engineer or otherwise modify any part of the Service or the G.M.T. Technology. PROPRIETARY RIGHTS TO CONTENT. To the extent that you submit any information, text, photographs, video or other content to G.M.T. or through the Service, you warrant and represent that any such content is your original work, has been legally obtained and created, and that publication of such content in various media will not infringe on or otherwise violate or defame any third party rights. You furthermore automatically grant -- or warrant that the owner of such content has expressly granted -- G.M.T. a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to edit, publish, promote, remove, delete, modify and otherwise use such content without further permission, notice or compensation, in any and all media now known or hereafter invented. YOUR CONDUCT. As a user of the Service (whether or not you are buying or selling), you agree to the following: You are solely responsible for the contents of your transmissions through the Service. You agree: (1) to comply with all applicable laws, rules and regulations regarding your use of the Service and your purchase, solicitation of offers to purchase, and sale of items; (2) not to use the Service for fraudulent or illegal purposes; (3) not to interfere with or disrupt networks connected to the Service; (4) not to use the Service under a false name or to use an invalid email address or invalid or unauthorized credit card; (5) to comply with all applicable regulations, policies and procedures of networks connected to the Service; and (6) to comply with these TOU. The Service makes use of the Internet to send and receive certain messages and to provide certain services; therefore, your conduct is subject to Internet regulations, policies and procedures. You will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. You agree not to transmit or offer for sale through the Service any unlawful, infringing, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or items of any kind or nature. You further agree not to transmit or offer for sale any material or items, or use the Service in any manner, that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another person’s or entity’s use and enjoyment of the Service. G.M.T. may, at its sole discretion, immediately terminate your use of the Service (or any portion of the Service) should your conduct fail to conform with these TOU. G.M.T. retains the right, but does not have the obligation, to immediately refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if G.M.T. believes that a user’s and/or customer’s conduct violates the law, these TOU or is harmful to the interests of G.M.T., its affiliates, or the Service. PRIVACY POLICY. It is G.M.T.’s policy to respect the privacy of your personal information. Therefore, G.M.T. has established a Privacy Policy governing the use of this information, which is located here. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. G.M.T. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, FREEDOM FROM ERROR, INTERRUPTION, COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. G.M.T. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, G.M.T. MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES G.M.T. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, COMPLETENESS, USEFULNESS, OR RELIABILITY OF ANY INFORMATION, PRODUCTS, ITEMS OR MATERIALS OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE OR SAID INFORMATION, PRODUCTS, ITEMS OR MATERIALS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM G.M.T. OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. The Service may provide links or references to other websites. No linking to this Service will be permitted without the explicit prior permission of G.M.T. However, G.M.T. has no control over or responsibility for content on third party sites and transactions that occur therein. G.M.T. has provided links to other sites merely as a convenience to users, and shall not be liable for any damages or injury arising from content on such third party websites or transactions occurring therein. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY. IN NO EVENT SHALL G.M.T. (INCLUDING ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF G.M.T. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, OR THE PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM OR THROUGH THE SERVICE, OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, OR THE INTERNET GENERALLY. IN NO EVENT SHALL THE AGGREGATE, TOTAL LIABILITY OF G.M.T. OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES, TO YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR ANY OTHER ASPECT OF YOUR RELATION WITH G.M.T. EXCEED THE LESSER OF: (A) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF THIS SERVICE OR (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. INDEMNIFICATION. You agree to defend, indemnify and hold G.M.T. and our subsidiaries, parents, affiliates, officers, directors, employees, agents, and representatives harmless from and against any and all claims, demands, losses, liabilities, costs and expenses (including but not limited to attorneys' fees and legal costs) arising from or in connection with (a) your breach of these TOU, including any documents incorporated by reference; (b) your violation of any state, federal foreign or international laws, rules or regulations; (c) your violation of any third party's rights, including, but not limited to, infringement of any copyright, trademark or patent right, or a violation of any other proprietary or personal right (including, without limitation, privacy rights); or (d) your use of the Service. This obligation will survive the termination of these TOU. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE. G.M.T. owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the Service, or via the Service, by third parties not within the control of G.M.T. It is our policy not to permit materials known by us to be infringing to remain on this Service. You should notify us promptly if you believe any materials on the Service infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the DMCA, G.M.T. will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. The G.M.T. designated agent (i.e. proper party) to whom you should address such notice is custserv@watchnetwork.com. It is the policy of G.M.T. to terminate its contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others. MISCELLANEOUS. The Service is intended for use in the United States only. The TOU shall be governed by and construed in accordance with the laws of the state of New York, excluding its conflict of law provisions. You and G.M.T. agree to submit to the exclusive jurisdiction of the courts of the state of New York. Failure by G.M.T. to enforce any provision(s) of these TOU shall not be construed as a waiver of any provision or right. You and G.M.T. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these TOU. These TOU constitute the entire agreement between you and G.M.T. with respect to the Service, and supersede all prior agreements or understandings, whether written or oral, between you and G.M.T. with respect to the Service. If any provision of these TOU is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining TOU shall remain in full force and effect. These TOU inure to the benefit of G.M.T., its successors and assigns. NOTICE. Please feel free to contact us at: G.M.T. Distribution, Inc. custserv@watchnetwork.com