UPDATED: May 11, 2016

READ CAREFULLY. This Terms of Use Agreement applies to use of the Essence Watch, LLC website located at http://www.EssenceWatchStore.com (the "Site"). The Site is the property ofEssence Watch, LLC together with its affiliated companies. Before you make any purchases, you must first establish an online customer account. BY CREATING AN ONLINE ACCOUNT YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT CREATE AN ONLINE ACCOUNT AND DO NOT USE THE SITE.

General:

EssenceWatchStore.com is the official website for Essence Watch, LLC, and its subsidiaries and affiliates. We ask that you abide by the terms and Terms of Use that follow. Please read them carefully, because your use of the EssenceWatchStore.com website (the "Site") constitutes your agreement to be bound by these terms. If you do not agree to be bound by these terms and Terms of Use, you may not access or otherwise use this Site. We reserve the right to revise these terms and conditions from time to time. When we make changes, we will post them here. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.

Conditions of Sale and Payment Terms:

To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final unless the product is defective or damaged. It is the customer's responsibility to decide which items to purchase which they believe will satisfy their tastes before payment is made, item returns based on aesthetics will not be honored. All charges from those sales are nonrefundable. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your online account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account link and selecting the appropriate link.

Site Transactions:

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Essence Watch, LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason. Essence Watch, LLC further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Essence Watch, LLC upon shipment of products or performance of services that you have ordered. 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 we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Methods of Payment, Credit Card Terms and Taxes:

All payments must be made by VISA, MasterCard, American Express, Discover Network (each of which may be removed by Essence Watch, LLC in its sole discretion), personal check upon establishment of a credit account with Essence Watch, LLC, or PayPal. Unless expressly set forth on the Essence Watch, LLC site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT Essence Watch, LLC, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Essence Watch, LLC of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Essence Watch, LLC does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Essence Watch, LLC or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Essence Watch, LLC shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Massachusetts and any other states or localities that it deems is required.

No Responsibility To Sell Mispriced Products Or Services:

Essence Watch, LLC shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Essence Watch, LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Essence Watch, LLC shall immediately issue a credit to your credit card account in the amount of the charge.

Modifications to Prices or Billing Terms:

Essence Watch, LLC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

Service and Support for Goods Sold:

All requests for technical service and support should be made to customerservice@EssenceWatchStore.com

Site Usage Policy:

(A) Security:

You are responsible for maintaining the confidentiality of your online account information, including your password, and for all activity that occurs under your account. You agree to notify Essence Watch, LLC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Essence Watch, LLC or any other user of the Site due to someone else using your password or customer account.

You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:

Attempting to gain unauthorized access to the Site or assist others in making such attempts, or distributing instructions, software or tools for that purpose;

Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;

Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;

Using any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site which interferes with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";

Sending unsolicited e-mail, including promotions and/or advertising of products or services;

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

or Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.

(B) General Rules:

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

(C) Violations:

We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Site Contents:

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, "look and feel", layout, graphics, messages, files, documents, and written and other materials that appear as part of the Site (collectively, the "Contents") whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by Essence Watch, LLC, and/or its parents, subsidiaries and affiliates (collectively, "Essence Watch, LLC"). The Site as a whole and its Contents are protected by copyright, trademark, trade dress and other intellectual property rights laws and all worldwide right, title and interest in and to the Site and its Contents are owned by Essence Watch, LLC or used with permission. EssenceWatchStore.com, Essence Watch, LLC, the ESSENCE WATCH logo, ECCO, ECCO logo, NEXXEN, NEXXEN logo, LONGINES and LONGINES logo are licensed or used with permission of the owner by Essence Watch, LLC. You agree not to display or use such trademarks without Essence Watch, LLC prior written permission. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, re-transmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Essence Watch, LLC giving you prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Essence Watch, LLC reserves all rights not expressly granted here under. Essence Watch, LLC expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Nothing contained on this Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site without the prior written consent of Essence Watch, LLC or the owner of such material. All rights not expressly granted herein by Essence Watch, LLC to you are reserved by Essence Watch, LLC and/or its licensors. Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

Product Information:

Essence Watch, LLC products displayed on the Site may also be available in select independently owned jewelry and watch stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and Essence Watch, LLC makes no representations or warranties that any of the products or services displayed on the Site will be available at any time or location. Any prices displayed on the Site are quoted in U.S. Dollars and represent manufacturer suggested resale prices for the United States.

Colors:

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitors display of any color will be accurate.

User Reviews, Comments and Other Submissions:

All User Reviews, Comments, Feedback, Suggestions, Ideas, and other submissions disclosed, submitted or offered to Essence Watch, LLC on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Essence Watch, LLC' property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Essence Watch, LLC of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. Essence Watch, LLC is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Consent To Collection, Use & Disclosure of Your Personal Information:

As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

Consent To Our Communication With You By E-Mail:

By establishing an online account with us, and each time you make a purchase through our Site, you grant permission for Essence Watch, LLC to contact you at your e-mail address. If you elect to provide Essence Watch, LLC with your email address and check the box to receive email offers, You agree that Essence Watch, LLC may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any Essence Watch, LLC products or services, or for such other purpose(s) as Essence Watch, LLC deems appropriate. You agree that Essence Watch, LLC may use and/or disclose information consistent with our Privacy Policy. To stop receiving our marketing emails, send an e-mail to us at customerservice@EssenceWatchStore.com or follow the opt-out procedures set forth in such marketing emails.

Please send any questions or concerns regarding our products or services to info@EssenceWatchStore.com.

Indemnification:

You agree to indemnify and hold harmless Essence Watch, LLC and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorney fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.

Links to Other Web Sites:

To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which Essence Watch, LLC does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. Essence Watch, LLC makes no representations or warranties concerning and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by Essence Watch, LLC.

Policy to Terminate Privileges for Copyright Infringement:

Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the"Act"), Essence Watch, LLC will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the Essence Watch, LLC and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement,Essence Watch, LLC will terminate the infringing customer account. Essence Watch, LLC may also in its sole discretion decide to terminate a customer account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), Essence Watch, LLC has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Essence Watch, LLC respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the Essence Watch, LLC website, please contact "Legal Department", via facsimile at (617) 489-0784, or mail to:

Attn: Legal Department,
Essence Watch, LLC,
6 Trapelo Rd.
Belmont, MA 02478

Any written notice describing the infringing activity must include the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
  
• A description of the allegedly infringing work or material;
  
• A description of where the allegedly infringing material is located on the site;
  
• Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
  
• A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
  
• A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
  

Limits of Liability:

Essence Watch, LLC ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, INTERRUPTION OF SERVICE OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS EQUIPMENT ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE AND ITS CONTENTS. IN NO EVENT SHALL Essence Watch, LLCOR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF Essence Watch, LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. 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, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

While Essence Watch, LLC takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL Essence Watch, LLC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTYS UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER Essence Watch, LLCWAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Inaccuracy Disclaimer:

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, availability and shipping. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you. Essence Watch, LLC MAKES NO REPRESENTATION OR WARRANTIES AS TO ACCURACY. EVERYTHING ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME EXCLUSIONS MAY NOT APPLY.

Miscellaneous:

Unless otherwise specified and except to the extent Essence Watch, LLC products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Essence Watch, LLC products and services available in the United States and select foreign markets. This Site is controlled and operated by Essence Watch, LLC from its offices in Belmont, Massachusetts.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the Commonwealth of Massachusetts.