Terms of Use & Guidelines
Last Updated: Jul 29, 2024
GUIDELINES
At the very least, please read these guidelines that are part of our terms to know our simple rules to ensure a decent environment...
You must be 18 years or older to use this website.
Do read the Help for various features of our site (also found in the Browse menu on the top and the Footer below).
We have a Zero-Tolerance Policy against -
- abuse of our website
- personal attacks on members
- abuse of castes/religions
- solicitation or advertising
- posting affiliate links or spam
- posting illegal activities
- posting porn
The first 3 items indicate you cannot abuse our website, our members or other castes/religions; applies to usernames too which cannot be abusive, vulgar or disgusting. We don't care about more arguments, more activity and not desperate for more traffic like other sites are. The remaining items from 4-7 are the absolute defaults any website expects from their members (nothing fancy here). We do have a separate NSFW forum.
As site operators/admins/moderators, we are 100% neutral to all religions, castes, political parties, celebrities, influencers, etc. with absolutely NO bias whatsoever. We do not serve any ads to generate revenue and so we are not desperate for more activity and page views. We do not encourage or tolerate abuse or attacks by members for more page views to maintain decency for the safety of our members. This first page of our Terms includes our simple guidelines.
We don't encourage or tolerate abusing or personal attacks on other members. Affiliate links, solicitations, advertising, posting links to or about other similar sites, spam, illegal activities and porn are strictly not allowed anywhere on this site. Indulging in any of these activities will get you banned immediately.
You can say anything about politicians, political parties, pulkas/jaffas, celebrities, influencers and others freely to vent out your opinions if you are not happy about them or their actions but you cannot abuse our members. You cannot abuse castes/religions, use abusive/vulgar/disgusting usernames, words, images, videos, links, etc.
Impersonating other members using similar usernames to harass or abuse them is not allowed.
If you are a content creator like YouTuber, Instagrammer or TikToker, you cannot just swing by once in while to post/share your content on our site and disappear - NO forum/community site would allow that as it is considered as SPAM! You have to indulge in our community discussions and engage with other members at least on/about your own posted content as your contribution.
Stick to the topic: Search the site for an existing topic before starting a new topic. If a similar topic already exists, try to post your question in that topic if possible. You cannot post "NSFW" comments in regular topics - such comments will be deleted or split (create a new NSFW topic instead). Post all NSFW content in our NSFW forum.
If someone reports you for abuse, we'll look into the facts of who started it and who abused who and take action. If you notice anything meeting any of the above abuse factors or if someone's username is vulgar/mocking at some other caste/religion/member or if someone posts abusive/vulgar/disgusting content/images/videos/links/etc, please Report it from the [...] link menu above the posted content.
All the posted external links are marked up with rel="nofollow" meaning search engines will not follow/index them and you will not get any link juice from the posted links.
Users of this website may not be qualified advisors, doctors, attorneys, professionals, etc. and content posted on our site does not constitute as professional advice. Use it at your own risk or seek professional advice. For more info, see our DISCLAIMERS below that apply to all content implicitly.
If you are abused by some other member or see any affiliate links, spam or porn posted, simply Report it from the [...] menu on the post/comment box and we'll take it from there (you have to report it so we can take action). If you are abused, do not retaliate - simply Report it. Remember, if you make a false report/complaint just to spite someone, it could backfire on you. For repeat offenders, we'll ban them with IP Address and Email Address blocking and reporting to anti-spam sites which means those offenders won't be able to register/use many other online forum sites as most forum sites validate users against the same anti-spam agencies (this action cannot be undone as it is not in our control, once reported to them). You may also get strikes reducing your points/rank and repeat offenders will be moderated, restricted from posting any content or blocked from accessing our site altogether for not following the rules.
Your use of our website constitutes your acceptance of our above Guidelines, Terms of Use and Privacy Policy (includes Cookie policy) that are subject to change at any time without notice. If we make any changes, we will revise the Last Updated Date on these pages. It is your responsibility to check them out from time to time. If you do not want to accept any of these, do not use our website.
As a company, we are legally not responsible for any content posted by users on our website. We have multiple moderators from around-the-world to monitor the site round-the-clock who have the ability to login invisibly without others knowing of their presence on site. We have connections with Cyber Crimes in both TG and AP states and abroad who have highly sophisticated tools to investigate anything. These measures are in place for your safety. In case of any fraud or scam, call 1930 in India and report the issue.
We strive to provide a safe and decent environment for our members.
TERMS OF USE
These are the terms and conditions – which include a mandatory arbitration provision — that govern your use of Telugus.com, (referred to “Site”) that display this or a substantially similar notice. It provides that any dispute or claim relating in any way to your use of any Telugus.com Site, Application or Service will be resolved by individual binding arbitration, rather than in court (other than a small claims court).
Our Sites are for consumers and professionals, and together with our Applications and other Services provide extensive information and generalized advice designed to help people get a basic understanding of various matters, issues and other topics. We are a publisher and not a professional firm. As laws, regulations, political, business, real estate, financial and various other conditions, and standards of practice often vary from place to place, and may constantly change, only a professional licensed in your jurisdiction can provide you with professional advice on which you can rely.
1. GENERAL RULES AND DEFINITIONS
2. CONTENT ON THE SERVICES
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, REVIEWS AND MORE
4. USE OF THE SERVICES
5. REPRESENTATIONS, WARRANTIES AND DISCLAIMERS AND LIMITATIONS OF LIABILITY
6. REGISTRATION AND SECURITY
7. FEES AND PAYMENTS
8. COMMUNICATIONS BETWEEN TIMEX, INC. AND USERS
9. COOKIES AND OTHER SIMILAR TECHNOLOGIES
10. SOFTWARE LICENSES
11. TERMINATION
12. ARBITRATION AND OTHER PROVISIONS
1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use the “Site” including the Forums, Discussion Boards, Clubs, Chat, Blogs, Articles, Events and other features (all the foregoing, including Sites, referred to collectively as the \”Services\”), you will be agreeing to abide by all of the terms and conditions of this Terms of Service Agreement between you and us.
1.2 We may prospectively change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use the Site, you agree to any changes.
1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY DISCONTINUE USING ANY OF THE SITES, APPLICATIONS AND/OR FEATURES, AND YOU MAY ALSO CANCEL ANY MEMBERSHIP YOU MAY HAVE ON ANY FEATURE OF A SITE OR APPLICATION ON THAT FEATURE (IF AVAILABLE).
YOUR CONTINUED USE OF THE SERVICES NOW OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL SIGNIFY YOUR ACCEPTANCE OF SUCH RULES, CHANGES, OR MODIFICATIONS.
You may also request to have your Account Deleted from your Account Settings > Security & Privacy menu and follow the instructions sent to your email to confirm deletion and such membership shall be deemed deleted upon your confirmation, although the terms of this Agreement shall continue to apply with regard to any matters occurring prior to your confirming the deletion of your account and we may retain certain information as required by law or for legitimate business purposes.
1.4 To the extent that certain Services or features may have different or additional terms and conditions, they too shall apply, except to the extent they are inconsistent with these Terms of Service. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
2. CONTENT ON THE SERVICES
2.1 The contents of the Services, including the Sites and Applications, are intended for personal, noncommercial use. All materials published on the Services (including, but not limited to articles, Q&As, news articles, forum postings, discussions, chat, events, photographs, images, files, illustrations, audio clips and video clips, also known as the \”Content\”) are protected by copyright, and owned or controlled by Timex, Inc., a person or firm that has licensed or authorized us to use such content, or a party to whom attribution is given with regard to the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2 The Services and Content are protected by copyright pursuant to United States and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Services for your personal noncommercial use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than your personal noncommercial use is expressly prohibited without prior written permission from the Chief Executive Officer or the President of Timex, Inc. or the copyright holder identified in the copyright notice contained in the Content.
2.4 The Content of the Services is owned or licensed to us. Certain Content is furnished by third parties. Neither we nor any of the third parties will be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom, regardless of the circumstances, and regardless of whether we knew or had reason to know of such delays, inaccuracies, errors or omissions.
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING QUESTIONS, COMMENTS, FORUM POSTINGS, REVIEWS AND MORE
3.1 You shall not upload to or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, menacing material, or any illegal material.
You agree to be courteous and respectful. You agree that you will not threaten or verbally abuse others, use defamatory, degrading or demeaning language, or act in any manner intended or designed to disrupt discussions in any manner, including use of repetitive messages, meaningless messages or ”spam”. You also agree not to use language that abuses, disparages or discriminates on the basis of race, color, religion, nationality, gender, sexual preference, age, region, disability, etc. Vulgar or hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services and may subject you to legal action.
We recognize that people have a broad range of opinions and preferences and may disagree, but personal attacks and use of vulgar or demeaning terms are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service and may subject you to legal action and damages.
3.2 The Services shall be used only in a noncommercial manner. You shall not, without the express written approval of the Chief Executive Officer or the President of Timex, Inc. distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services using our Services.
3.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio, files and images, as well as computer code and applications) (each, a ”Submission”) may be edited, removed, modified, published, transmitted, and displayed by us or our agents and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds, APIs and made available for republishing through other formats and media.
3.4 You grant Timex, Inc. a perpetual, nonexclusive, world-wide, royalty free, and sub-licensable license to the Submissions, which includes without limitation the right for Timex, Inc. or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, podcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned or operated by Timex, Inc., including any Submission posted on or to the Services through a third party.
3.5 You are solely responsible for the content of your Submissions. However, while we do not and cannot review every Submission and are not responsible for the content of these messages, we reserve the right to delete, move, or edit Submissions in our sole discretion. As Site operators, we are not responsible for the content, or any copyrighted content, posted by you on our Site.
3.6 By making a Submission, you are consenting to its display and publication on the Services and for related online and offline promotional uses.
3.7 Any person involved in or affiliated with the production of a work reviewed any of in the Services may not, directly or indirectly submit or cause anyone else to submit a review for that work or competing works.
4. USE OF THE SERVICES
4.1 You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not access parts of the Services to which you are not authorized. You may not attempt to circumvent any restriction or condition imposed on your use or access or do anything that could disable or damage the functioning or appearance of the Services, including the presentation or display of advertising. Being exposed to advertising is a condition of accessing the Services.
4.2 The Services may contain links to other related websites, resources, and advertisers on the Internet. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to such sites. A link to another site, resource or advertiser does not imply that it is endorsed or approved by Timex, Inc. and we shall not be responsible for any information on any linked sites, resources or any advertising that appears on our Services.
5. REPRESENTATIONS, WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; and (ii) contain libelous, slanderous, menacing or otherwise unlawful or inappropriate material; and (b) that you are at least 18 years old. You hereby indemnify, defend and hold harmless Timex, Inc. and all officers, directors, owners, partners, agents, information providers, affiliates, licensors and licensees (collectively, the ”Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Timex, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5.2 Timex, Inc. does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services, or by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
THE SERVICES AND ALL DOWNLOADABLE SOFTWARE AND FORMS ARE DISTRIBUTED ON AN ”AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Timex, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. Timex, Inc. DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND FORMS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY CONTENT POSTED ON OUR SITE IS MEANT FOR INFORMATION ONLY AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE. YOU SHOULD CONSULT WITH A QUALIFIED PROFESSIONAL FOR ANY ISSUES. Timex,Inc. DISCLAIMS ALL INFORMATION, EXPRESS OR IMPLIED, EVEN IF THE CONTENT DOES NOT INCLUDE A "DISCLAIMER" STATEMENT.
GOOGLE TRANSLATE DISCLAIMER
TELUGUS.com website uses Google™ Translate to provide real-time translation of site web pages. This translation application tool is provided for purposes of information and convenience only. Google™ Translate is a third-party service, which is not maintained by Timex, Inc. Timex is unable to guarantee the accuracy of any translation provided by Google™ Translate and is therefore not liable for any inaccurate information or changes in the formatting of the pages resulting from the use of the translation application tool.
The web pages currently in English or untranslated web pages on this website are recommended as better source of information and services. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance, enforcement or any other purposes. For questions regarding the translations provided, please refer to the English version. Some portions of this site may not translate by design. On mobile devices, you may have to tilt the device HORIZONTALLY to see the full translation toolbar that appears in the header after translation. You can hover or tap on any item on the page to see its original/English version in a popup, Show Original or Turn Off Translation to revert back to the English version from the translation toolbar.
Timex, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Timex, Inc. SERVICE, FROM ANY DATA BREACH (REGARDLESS OF CAUSE OR CULPABILITY) OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Timex, Inc. SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, NOR WILL ANY OF Timex, Inc. OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS, OR THEIR HEIRS, SUCCESSORS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY TYPE.
TO THE EXTENT ANY JURISDICTION’S LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, BE AWARE THAT SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
6. REGISTRATION AND SECURITY
6.1 As part of the registration or account creation process, you may be asked to create login credentials by selecting a password and providing an email address. We may also ask that you give us certain registration information, all of which must be accurate, and you agree to update such registration information to maintain its accuracy.
Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Timex, Inc. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that are offensive or that we, in our sole discretion, deem inappropriate. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.
6.2 Please notify through our Contact form of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
6.3 You must be 18 years of age or older to register, use or subscribe to any part of the Services.
6.4 You are responsible for all usage or activity on your Timex, Inc. account(s), including use of the account(s) by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
7. FEES AND PAYMENTS
7.1. We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and, when appropriate, at other locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.
8. COMMUNICATIONS BETWEEN Timex, Inc. AND USERS
8.1 Unless you expressly indicate on your registration form or in your Account Settings that you do not want to receive such information, we, our owners and assigns, may send you emails and electronic newsletters and allow certain third-party vendors to provide you with information about their products and services.
8.2 We reserve the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service or otherwise, subject to any right we may grant for you to opt-out.
8.3 We reserve the right to disclose information about your usage and demographics, provided that absent what we regard as good cause, we will not ordinarily reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Services may collect and share personal information about you only if you indicate your acceptance or provide them such information. We may transmit non-personally identifiable website usage information to third parties in order to show you advertising for Timex, Inc.'s or affiliate’s website when you visit other sites or use Applications. For more information, please read our Privacy Policy.
8.4 We may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. Such information is used to improve the Services and better understand our users, and any information we obtain in such surveys is generally not shared with third parties, except under terms designed to maintain confidentiality or in aggregate form.
9. COOKIES AND OTHER SIMILAR TECHNOLOGIES
9.1 We use ”cookies” and other similar technologies. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. These technologies allow us to manage access to and use of the Sites and Services, recognize you and provide personalization, and help us understand how people use our Sites and Services so that we can provide better site experiences and tools in the future. Some website features or services may not function properly if your computer does not accept cookies or uses ad blocking software or if you reject cookies. For more information, please see our Privacy Policy.
9.2 Do Not Track. Some browsers offer a “do not track” (“DNT”) option. Because no common industry or legal standard for DNT has been adopted by industry groups, technology companies, or regulators, we do not respond to DNT signals. We will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.
10. SOFTWARE LICENSES
10.1 You shall have no rights to the proprietary or licensed software and related documentation, or any enhancements or modifications thereto (”Software”), provided to you in order to access the Services. You may not sublicense, assign or transfer any licenses granted by Timex, Inc., and any attempt at such sublicense, assignment or transfer shall be null and void. Except with the written consent of an executive officer of Timex, Inc. you may not copy, distribute, modify, reverse engineer, or create derivative works from the Software.
11. TERMINATION
11.1 You may terminate your account at any time by discontinuing use of the Services and requesting to have your account deleted through your Account Settings > Security & Privacy menu and follow the instructions sent to your email to confirm deletion. Upon termination, we will endeavor to send you an automated confirmation via email that the cancellation was processed and suspend your access on a timely basis. In our absolute discretion, we may, but shall not be required to comply with requests or directives from any actual or purported representative, agent, attorney, executor, administrator, trustee or other person with respect to your account or use of any of the Services, yet we shall have no liability to you or any other person if we act or fail to act, even if the request or directive was unauthorized.
11.2 We may, in our sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service, and we may also in our sole discretion, terminate or suspend any person’s access arbitrarily.
12. ARBITRATION AND OTHER PROVISIONS
12.1 These Terms of Service have been made in and shall be construed and enforced in accordance with the laws of the United States Arbitration Act, Title 9, US Code. IF AND TO THE EXTENT THAT ARBITRATION MAY BE UNAVAILABLE, ANY ACTION TO ENFORCE THESE TERMS OF SERVICE MUST BE BROUGHT SOLELY ON AN INDIVIDUAL BASIS, AND MAY NOT BE COMBINED WITH OTHER CLAIMS OR ACTIONS, OR AS ANY FORM OR CLASS ACTION, REPRESENTATIVE ACTION OR SIMILAR ACTION, and must be brought only in the federal or state courts. You also agree to be subject to the jurisdiction of such courts in any action brought by us against you for violation of these Terms of Service and/or Conditions of Use.
12.2 Notwithstanding any of the foregoing, nothing in these Terms of Service will serve to preempt the promises made in the Timex, Inc.'s Privacy Policy. There may be additional terms and conditions of use related to use of or access to certain of our Services, and in any such circumstances the specific additional terms and conditions shall apply to the extent they are inconsistent with these Terms of Service.
12.3 Correspondence should be sent using our online Contact form on our website.
12.4 You agree to report any copyright violations to us as soon as you become aware of them. If you believe a violation of your own intellectual property rights has occurred with respect to material that is contained in the Services, please notify us using our Contact form and also send a letter to our General Counsel.
12.5 Any dispute or claim relating in any way to your use of any Timex, Inc. Services will be resolved by binding arbitration conducted on an individual basis, and not in any form of class, consolidated or representative action, rather than in court, except that you may assert claims in a small claims court having personal jurisdiction of Timex, Inc. if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the conditions of these Terms of Use as a court would.
At least 21 days prior to initiating an arbitration proceeding, you must send a letter by registered or certified mail, return receipt requested, notifying us that you will be requesting arbitration and describing your claim to our General Counsel. If we do not resolve the matter to your satisfaction within the 21 day period, at your option you may elect to start the arbitration and have it conducted under the auspices of the American Arbitration Association (AAA) under its Commercial Arbitration rules, or, where available, under the auspices of the Better Business Bureau (BBB) under its applicable arbitration rules. The AAA’s Commercial Arbitration rules are available at www.adr.org or by calling 1-800-778-7879. The BBB’s rules may be obtained through www.bbb.org or by calling the Council of Better Business Bureaus at 703-276-0100.
Payment of all filing, administration and arbitrator fees will be governed by the appropriate arbitration tribunal’s rules. To the extent that your arbitration filing fees exceed the filing fees that would otherwise have been applicable in a lawsuit in the Superior Court, we will reimburse such filing fees unless the arbitrator determines your claims are frivolous or excessive. Neither party may recover additional costs or attorneys’ fees in arbitration except if and to the extent that the arbitrator determines the other party’s claim or defense was vexatious or frivolous. You may choose to have the arbitration conducted by video-conference, or telephone, or based on written submissions, or at a mutually agreed location, subject to the rules of the arbitration tribunal.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that notwithstanding the otherwise applicable provisions requiring arbitration, you or we may bring suit in a court having jurisdiction solely to obtain injunctive relief to enjoin infringement or other misuse of intellectual property rights, or to obtain injunctive relief in circumstances in which an arbitration proceeding cannot effectively and promptly grant such relief. Timex, Inc.'s officers, directors, partners, employees, agents and their heirs, successors and assigns shall be deemed third party beneficiaries of this Agreement.
If you do not want to accept any of our Terms of Use or Privacy Policy, do not use our website.
Additional Information