By using arrowsmartwatch.com (together with any affiliated websites, our “Website”), you signify your agreement to these Terms. If you do not agree to these Terms, please do not use our Website. Our Website is operated by Arrow Smartwatch, (collectively, “Arrow Smartwatch,” “we,” or “us”). Arrow Smartwatch reserves the right, at any time and in its sole discretion, to change, modify or otherwise alter these Terms at any time. Such changes or modifications shall become effective immediately upon the posting thereof. Please review these Terms periodically. If any modification is unacceptable to you, your only recourse is to discontinue use of our Website. Your continued use of our Website following the posting of changes or modifications will constitute your acceptance of the revised Terms.
You may use our Website for your personal, non-commercial, legitimate shopping purposes only. You may not harm our Website in any way or otherwise use our Website in any improper manner, including, but not limited to hacking into our Website's systems, spoofing or faking email headers, or slowing or stopping the functionality of our Website. In the event you register or purchase product, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or Arrow Smartwatch suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, Arrow Smartwatch, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of our Website. You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and for restricting access to your computer, and are fully responsible for all activities that occur under your password or account. If you are under the age of 18, you may use our Website only with approval and assistance of a parent or legal guardian. You agree to (a) immediately notify Arrow Smartwatch of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. Arrow Smartwatch will not be liable for any loss or damage arising from your failure to comply with this paragraph. Arrow Smartwatch reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Our Website contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by Arrow Smartwatch, its related entities, parents and its licensors or licensees. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of our Website in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.
ALTHOUGH WE HAVE MADE EVERY EFFORT TO DISPLAY OUR PRODUCTS AND THEIR COLORS AS ACCURATELY AS POSSIBLE, THE DISPLAYED COLORS OF THE PRODUCTS DEPEND UPON THE MONITOR OF THE USER, AND Arrow Smartwatch CANNOT GUARANTEE THAT THE USER’S MONITOR WILL ACCURATELY REFLECT THE ACTUAL COLORS OF OUR PRODUCTS. PRODUCTS DISPLAYED MAY BE OUT OF STOCK OR DISCONTINUED, AND PRICES ARE SUBJECT TO CHANGE. Arrow Smartwatch IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS REGARDING PRICE. DESPITE OUR BEST EFFORTS, FROM TIME TO TIME ITEMS ON OUR WEBSITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS MAY BE MISPRICED. IF AN ITEM'S CORRECT PRICE IS HIGHER THAN THE LISTED PRICE OR IF IT WAS LISTED IN ERROR OR IS NO LONGER IN STOCK, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CANCEL YOUR ORDER AND NOTIFY YOU OF SUCH CANCELLATION. IF A PRODUCT OFFERED ON OUR WEBSITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION FOR A REFUND.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, OUR WEBSITE AND OTHER SITES ON WHICH OUR PRODUCTS ARE LISTED OR ADVERTISED, AND ALL CONTENTS AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH OR IN CONNECTION WITH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Arrow Smartwatch DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Arrow Smartwatch DOES NOT WARRANT THAT YOUR USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH Arrow Smartwatch ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON OUR WEBSITE OR OTHERWISE PROVIDED TO YOU BY US. YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. NEITHER Arrow Smartwatch NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE OUR WEBSITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON OUR WEBSITE. Arrow Smartwatch IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH OUR WEBSITE OR ANY MATERIALS ON OUR WEBSITE, OR WITH ANY OF Arrow Smartwatch'S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE. THE DISCLAIMER OF WARRANTY PROVISIONS IN THIS SECTION DO NOT APPLY TO ONTARIO RESIDENTS. THE DISCLAIMERS SET OUT IN THIS SECTION DO NOT APPLY TO ANY OF OUR LIABILITY THAT MAY ARISE IN CONNECTION WITH THE USE OF Arrow Smartwatch PRODUCTS PURCHASED THROUGH OUR WEBSITE. BY THESE TERMS, Arrow Smartwatch DOES NOT SEEK TO LIMIT ITS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY ITS PRODUCTS.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Arrow Smartwatch, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS. Arrow Smartwatch RESERVES THE RIGHT TO ASSUME, AT ITS SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU'LL FULLY COOPERATE WITH Arrow Smartwatch IN ASSERTING ANY AVAILABLE DEFENSES. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ONTARIO RESIDENTS.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) WILL Arrow Smartwatch BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, OUR WEBSITE OR ITS CONTENTS, EVEN IF Arrow Smartwatch HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS PARAGRAPH DO NOT APPLY TO ONTARIO RESIDENTS. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, INCLUDING, IN SOME CASES, LIMITATIONS ON IMPLIED WARRANTIES OR HOW LONG THEY LAST, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, INDEMNIFICATION PROVISIONS, EXCLUSIONS OR LIMITATIONS IN THIS SECTION AND IN THE DISCLAIMER AND INDEMNIFICATION SECTIONS, ABOVE, MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
OUR WEBSITE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WEBSITES OR RESOURCES. BECAUSE Arrow Smartwatch HAS NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT Arrow Smartwatch IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT Arrow Smartwatch SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
Please note that any suggestions, materials (including, without limitation, images, photographs, videos, and sound recordings), ideas or comments submitted to Arrow Smartwatch through our Website, Social Media, or otherwise (“Submitted Materials”) shall be deemed as not confidential. You hereby grant Arrow Smartwatch an irrevocable and unrestricted license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Submitted Materials throughout the world in any media for any purpose whatsoever, and you represent and warrant to Arrow Smartwatch that the use of such Submitted Materials will not violate or infringe upon any copyright, trademark, or any other intellectual property or other rights (including but not limited to defamation or invasion of privacy) of any person or entity. All such Submitted Materials are subject to the copyright infringement notice-and-take-down procedure described below. Furthermore, a person who accepts a prize as a winner in any Promotion (as defined below), or posts Submitted Materials to any Social Media sites edited by Arrow Smartwatch, except where legally prohibited, such person grants permission for Arrow Smartwatch and its designees to use his/her name, address (city and state), photograph, voice or other likeness and, if applicable, prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
Arrow Smartwatch reserves the right to remove comments or content on Social Media sites it edits that fit into any one of the above categories, or for any other reason, to preserve the integrity of the Social Media sites. Arrow Smartwatch may block further posting on such Social Media sites by any individual who violates these Terms.
From time to time, Arrow Smartwatch may post a contest, sweepstakes, or other similar promotion ("Promotion") on Social Media sites or our Website. Unless otherwise stated in the Official Rules for such Promotions, and, in addition to and as part of these Terms, by participating in any such Promotion you acknowledge and agree to be bound by the following terms:
Arrow Smartwatch may provide certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from one of Arrow Smartwatch ("text alerts"), and access certain other features (collectively the "Mobile Services"). The following terms apply, in addition to and as part of these Terms, to users of the Mobile Services managed by Arrow Smartwatch.
Our customer service team is ready to assist you and address your concerns – see Contact Information, below, to get in touch with Arrow Smartwatch’s customer service. If you have any questions or concerns regarding how we manage, access, or uses your personal information, please write us at the addresses indicated below in the Contact Information section of these Terms.
In the event that our customer service team is unable to resolve your concern, by using our Website or otherwise interacting with us subject to these Terms, you unconditionally agree that all claims relating to your access or use of our Website, including all disputes arising out of, or related to, any products or services obtained from Arrow Smartwatch through our Website or Social Media, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. These Terms do not apply to any claims or disputes relating to or arising from use of your Arrow Smartwatch credit card; any such claims or disputes will be governed by the terms and conditions of your Arrow Smartwatch credit card.
Note that there is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, 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 these Terms as a court would.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to us at: Arrow Smartwatch.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of our Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN ARBIRTATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department (see Contact Information, below) In order for us to assist you, the notification must include ALL of the following:
If any of these Terms is found to be unlawful, void, or for any reason unenforceable, then that term shall be deemed severable from the other terms and shall not affect the validity and enforceability of any remaining terms. The waiver of any provision of these agreement shall not be considered a waiver of any other provision of Arrow Smartwatch’s right to require strict observance of each of the terms herein. These Terms constitute the entire agreement between Arrow Smartwatch and you relating to the subject matter herein.
These Terms are effective unless and until terminated by either you or Arrow Smartwatch. You may terminate these Terms at any time, provided that you discontinue any further use of our Website. Arrow Smartwatch also may terminate these Terms at any time and may do so immediately without notice, and deny you access to our Website, if in Arrow Smartwatch’s sole discretion you fail to comply with any provision of these Terms. Upon any termination of these Terms by either you or Arrow Smartwatch, you must promptly destroy all materials downloaded or otherwise obtained from our Website, as well as all copies of such materials, whether made under these Terms or otherwise.
Feel free to contact us regarding products, transactions and services at any time.