TERMS & CONDITIONS

Terms & Conditions

Last Modified: February 26, 2020

Movado Group, Inc. (“we,” “our,” or “Movado Group”) owns the website www.movadogroup.com and its related mobile application (each a “Site” and collectively the “Sites”).  Your access and use of the Sites are subject to the following terms and conditions of use ("Terms of Use") and all applicable laws. By accessing and browsing a Site, you accept, without limitation or qualification, the Terms of Use below.  Do not use a Site if you do not accept and agree to the Terms of Use.  Your failure to comply with these Terms of Use will constitute breach of contract and may violate Movado Group’s or its licensors’ copyright, trademark and other proprietary and industrial property rights.  Movado Group may deny you access to the Sites at any time, immediately and without notice, if in our sole discretion you fail to comply with any provision of these Terms of Use.

Copyright and Trademarks

Movado Group, Inc. owns or has rights to all content included on a Site, including, but not limited to, all of the text, graphics, logos, wallpaper, icons, characters, artwork, images, graphics, audio and video clips, music, digital downloads, data compilations, and software (the “Content”), and all HTML, CGI and other code and scripts in any format used to implement the Sites (the “Code” and, together with the Content, the “Material”).    

All names, logos and trademarks (“Marks”) that appear on the Sites are the property of Movado Group or its affiliates or are used by Movado Group under license.  All Marks and Material are protected by the laws of the United States and other countries.

Intended Purpose and Use of the Sites

The Sites provide information about Movado Group, its brands, products, services, corporate practices, and the like.  The Sites are not intended for use by children.  

Products and services are not available for purchase through the Sites.  If you wish to purchase Movado Group products, please visit a Movado Group brand ecommerce site.  If you need after sales services, please visit www.mgiservice.com. Each ecommerce and after sales services site owned or operated by Movado Group or its affiliates is governed by the terms and conditions set forth on the applicable site.

The Sites are available only for your personal use, which shall be limited as set forth below.  If any Material on the Sites or your use of the Sites is contrary to the laws of the place where you are when you access it, then the Sites are not intended for you, and Movado Group asks that you do not use them.  You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Access and License to Use the Sites

Movado Group grants you a limited license to access and make personal use of the Sites and not to download (other than page caching) or modify them, or any portion of them, except with the express written pre-consent and authorization of a Movado Group officer.  

This license does not include any resale or commercial use of the Sites, the Marks, or the Material; any derivative use of the Sites, the Marks, or the Material; any use of data mining, robots, or similar data gathering and extraction tools; or any other use that is not expressly authorized herein. Neither this Site nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written pre-consent and authorization of a Movado Group officer. You may not frame or utilize framing techniques to enclose any Marks or other proprietary information (including images, text, page layout, or form) without the express written pre-consent and authorization of a Movado Group officer. You may not use any meta tags or any other “hidden text” utilizing our name or the Marks without the express written pre-consent of a Movado Group officer. Any unauthorized access or use terminates the permission or license granted by Movado Group.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink for a non-commercial purpose to the home page of this Site so long as the link does not portray Movado Group, its affiliates, or their brands, licensors, products, or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Marks, Material or other proprietary graphic or text as part of the link without the express written permission of a Movado Group officer.

Except as expressly provided herein, nothing in these Terms of Use shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary or industrial right of Movado Group, its affiliates, or its licensors.

Use of Information Submitted by You

If you respond to Movado Group or its affiliates with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential.  All such submissions shall be deemed the property of Movado Group, and your submission of information shall constitute an assignment to Movado Group of all worldwide rights, titles, and interests in such information.  Movado Group will not be liable for any use or disclosure of such information.  Movado Group will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose, and distribute the information to others without limitation.  Movado Group will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products which incorporate or otherwise rely upon such information.

Note:  This section does not apply to personal data, if any, supplied by you to the Site, such as your name, address, e-mail address, and telephone number.  Please review our Privacy Policy, which also governs your visit to the Sites, to understand our practices regarding personal data.

Disclaimers

While Movado Group strives to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors.  In addition, information reported as of a particular date or time may not be indicative or reflective of current data or trends.  Movado Group makes no warranties or representations as to accuracy and specifically disclaims any liability or responsibility for any errors or omissions in the Material on the Sites. Movado Group does not claim that the information or Material on the Sites is appropriate to your jurisdiction.  Movado Group reserves the right to make corrections and changes to the Sites and Material at any time without notice.  

Your use of the Sites is at your own risk, and you assume all responsibility with respect to your use of the Sites.  

Movado Group disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Sites, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement, and fitness for a particular purpose. Movado Group does not warrant that the functions contained in the Materials will be uninterrupted or error-free or that errors will be detected or corrected. Movado Group does not assume any liability or responsibility for the accuracy, completeness, reliability, or usefulness of the information disclosed or accessed through the Sites. Movado Group does not have any duty to update the Sites or to modify the Materials, and Movado Group shall not be liable for its failure to update such information or to modify the Materials. It is your responsibility to verify any information contained on the Sites before relying upon it.

Movado Group does not warrant that the Sites are free of computer viruses, bugs or other harmful components. Movado Group assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Sites or your downloading of any Materials from the Sites.

Without limiting the foregoing, everything on the Sites is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Third Party Sites

Movado Group makes no warranties of any kind regarding any non-Movado Group websites, apps, and the like to which you may be directed or hyperlinked from the Sites.  Hyperlinks are included solely for your convenience and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site.  Movado Group makes no representations and disclaims all warranties, express and implied, regarding the accuracy, validity, legality, availability, suitability, safety, or otherwise of information provided in such non-Movado Group sites.

Descriptions of Products and Services

The Sites refer to brands, products, and/or services that are generally offered by Movado Group or its affiliates.  Such brands, products, and services may not be available in your particular country or locality.  The reference to any such brand, products, or services on the Sites does not imply or warrant that they will be available at any time in your particular locality.  You should therefore check with your local Movado Group authorized retailer for specific brand/product/service availability in your locality.

Limitations on Liability

Neither Movado Group nor any other party involved in creating, producing, or delivering the Sites is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Sites.

Revisions

Movado Group may at any time revise these Terms of Use by updating this posting.  Because you are bound by these Terms of Use, you should periodically visit the Sites to review the then-current Terms of Use.

Indemnification

You agree to indemnify, defend, and hold harmless Movado Group and its affiliates and its officers, directors, attorneys, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers form and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ and experts’ fees and court costs, arising or resulting from your use of the Sties and any violation of these Terms of use.  If you cause a technical disruption of a Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ and experts’ fees and court costs, arising or resulting from that disruption.  Movado Group reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Movado Group in the defense of such matter.

Disputes

Any dispute relating in any way to these Terms of Use (including the applicability of this section on disputes), your visit to the Sites, or any transaction with the Sites shall be submitted to confidential arbitration in New York County, New York.  Any claim or cause of action you may have with respect to Movado Group or the Sites must be commenced within one (1) year after the claim or cause of action arose.  You consent to exclusive jurisdiction and venue in New York County, New York.  However, if you have in any manner violated or threatened to violate any Movado Group or its licensors’ intellectual property rights, Movado Group may seek injunctive or other appropriate relief in any state, federal, or international court or tribunal.  Any arbitration conducted under this agreement and these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Severability

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Entire Agreement and Admissibility

These Terms of Use (and, but only to the extent applicable, Movado Group’s Privacy Policy) constitute the entire agreement and understanding between you and Movado Group with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, with respect to such subject matter.  A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site(s) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.