Terms of Service

1.  Introduction.            This document sets forth the terms and conditions ("Terms of Service") governing your use of the www.newfossil.com web site ("Web Site") and the information made available on and through the Web Site. Please read this page carefully. The Terms of Service, when agreed to by you, will form a binding Agreement between you and www.newfossil.com.

2.  Acceptance of Terms of Service of Use.                        Your use of the Web Site indicates your acceptance of these Terms of Service.  If you do not accept these Terms of Service, you may not use the Web Site. From time to time, these Terms of Service may be revised by updating this document and posting it on the Web Site.  It is your obligation to review these Terms of Service from time to time. Your continued use of the Web Site will constitute your agreement to the most current version of these Terms of Service. If at any time you do not agree to these Terms of Service, you must cease your use of this Web Site.

3.  Definitions.       For the purposes of this Agreement, the following definitions apply:

            "Content" includes all Text, Graphics, Design and Programming used on the Web Site.

            "Text" includes all text on every page of the Web Site, whether editorial, informational, navigational, or instructional.

            "Graphics" includes all logos, buttons, and other graphical elements on the Web Site, with the exception of paid advertising banners.

            "Design" includes the color combinations and the page layout of the Web Site.

            "Programming" includes both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Web Site.

            "Document" refers to any posting to the Web Site.

            "User" refers to any individual or entity who uses any aspect of the Web Site or its services.

            "You" refers to the person accessing the Web Site and agreeing to these Terms of Service.

4.  Intellectual Property Rights.                        All Content on the Web Site is the property of www.newfossil.com or the property of third parties as indicated, and is protected by U.S. copyright, trademark, and patent laws as well as by similar international treaties. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purposes. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate Web pages on the Web Site, as well as any Graphics.  The "look" and "feel" of the Web Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by U.S. copyright law. All product names, names of services, trademarks and service marks ("Marks") are the property of www.newfossil.com or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms of Service.  The Web Site and its underlying technology and functionality are ?patent pending? as that term is defined by U.S. patent laws, and the protections against any unauthorized use of the Web Site will be strictly enforced. 

5.  Acceptable Use of the Web Site.          The information displayed on the Web Site may not be used for any purpose except in connection with your direct personal use of the Web Site as permitted  by these Terms of Service, and may not be excerpted, summarized, duplicated or otherwise removed from the Web Site.  In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Web Site for any purpose or in any manner that is prohibited by these Terms of Service or by applicable law. Your use of the Web Site is also subject to the following restrictions:

            a.  You may not send unsolicited commercial email to the email addresses provided on the Web Site. The posting of email addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from www.newfossil.com. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited.

            b.  You may not copy, duplicate, download or otherwise use any material on the Web Site except for the purposes permitted by these Terms of Service.

            c.  Any information sent to www.newfossil.com via email is not secure and is sent on a non-confidential basis.

6.  Monitoring of Content.                        www.newfossil.com does not assume any obligation for the accuracy, completeness, or truthfulness of any of the Content of the Web Site. The Content is presented as general information

7.  Prohibited Uses.                         The following activities are expressly prohibited:

            a.   attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

            b. attempting to interfere with the proper functioning of the Web Site or www.newfossil.com including, without limitation, via means of submitting a virus to the Web Site or www.newfossil.com overloading, "flooding", "mailbombing" or "crashing";

            c.    sending unsolicited e-mail of promotions and/or advertising of products or services;

            d.   forging any TCP/IP packet header or any part of the header information in any e-mail.

8.  Reservation of Rights; Inappropriate Conduct.           www.newfossil.com reserves the right to reject, or refuse to accept, reproduce or manufacture, any proposed stamp, product, design or artwork submitted by you on the Web Site. All such decisions shall be made in the sole discretion of www.newfossil.com.  There is no right to unrestricted or continued use of the Web Site, and www.newfossil.com reserves the right to immediately terminate your rights to use the Web Site, without liability, based upon inappropriate or improper conduct. 

Specifically, www.newfossil.com reserves the right to reject any proposed stamp, product, design or artwork submitted that depicts, either as a copy, derivative work, or other representation, a trademark or servicemark, any copyrighted material, or any other protected material that may not be legally reproduced by www.newfossil.com.  By submitting a proposed stamp, product, design or artwork, you certify that the same may be reproduced by www.newfossil.com without creating any liability for intellectual property infringement or other similar rights.  You further agree to indemnify www.newfossil.com for any such acceptance, reproduction or manufacture according to the provisions of Section 9(d.) of these Terms of Service.

9.  Disclaimer of Warranties and Limitations of Liability.           Your agreement to the following disclaimers and limitations is a material inducement to www.newfossil.com to permit you to access the  Web Site. Your use of the Web Site, and the obligations and liabilities of www.newfossil.com in respect of your use of the Web Site, is expressly limited as follows:

            a. Third Party Information. The Web Site may from time to time display the content, services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Web Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by www.newfossil.com on behalf of or for any third party. In addition, www.newfossil.com does not endorse, warrant or otherwise guarantee the substance of any information or services provided by third parties. www.newfossil.com shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party Web sites accessed from the Web Site or Web sites that have links to the Web Site. Access to third party Web sites from the Web Site is done at your own risk.

            b.  DISCLAIMER OF WARRANTIES. THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. www.newfossil.com DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR                                       PURPOSE.

            c.  LIMITATION OF LIABILITY. IN NO EVENT SHALL www.newfossil.com BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT,  INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT www.newfossil.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

            d.  Indemnification. You agree to indemnify and hold harmless www.newfossil.com from and  against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of these Terms of Service, including claims for primary or secondary forms of trademark, copyright and/or patent infringement under the laws of the United States or other countries where the cause for such liability originates with the your use of the www.newfossil.com site.