The product information and details that are provided on the Site are for information only and are subject to change without notice. Always verify the model and product information when requesting information or purchasing products. Some products listed may no longer be available. Some information may not be current, or may have changed since the last time you viewed or downloaded it. Clock Winder strives to display as accurately as possible the colors of the products shown on the Site; however, we cannot and do not guarantee that your monitor's display of any color will be accurate. Clock Winder assumes no liability or responsibility for any errors or omissions in the Content or the Site. We do not represent or warrant the accuracy or reliability of any of the information provided, and all information is provided subject to the disclaimers and limitation of liability set forth in these terms.
DEALINGS WITH THIRD PARTIES
DISCLAIMERS OF WARRANTIES
Except as stated in Clock Winder’ warranty, the site, the content and the products and services provided on or available through the site are provided on an “as is” and “as available” basis, with all faults, and neither HClock Winder nor anyone associated with Clock Winder makes any warranty or representation with respect to the quality, accuracy or availability of the site, the content or any products and services provided on or available through the site. Without limiting the foregoing, neither Clock Winder nor anyone associated with Clock Winder warrants or represents that the site, the content or the products or services provided on or available through the site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the site or the server that makes it available are free of viruses or other harmful components, or that the site, the content or any products and services provided on or available through the site will otherwise meet your needs or expectations. Except for Clock Winder’ warranty, Clock Winder disclaims all warranties of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
You understand that Clock Winder cannot and does not guarantee or warrant that any files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for security, accuracy of data input and output and for maintaining a means external to the Site for any reconstruction of any lost data. Clock Winder does not assume any responsibility or risk for your use of the Internet. Clock Winder also is not responsible for any damage to your computer, phone, device or other property, including but not limited to viruses, on account of your access to, use of or browsing in the Site, your downloading of any Content from the Site or your participating in Communication Services.
The Content should not be used to replace any literature or product notices released by Clock Winder. All of the information on the Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, and Clock Winder does not undertake any obligation to update such information after it is posted or to remove such information from the Site if it is not, or is no longer, accurate or complete.
Limitation of liability and exclusion of damages
if you disagree with these terms (including but not limited to any revisions) or are dissatisfied with the site or the content, your sole and exclusive remedy is to discontinue using the site.
Except as stated in Clock Winder’ warranty for products sold by Clock Winder, Clock Winder will not be liable for any damages of any kind, under any legal theory and regardless of the form of action (whether in contract, tort or otherwise), including but not limited to any direct, indirect, incidental, special, consequential or punitive or enhanced damages, arising out of or in connection with your use of, or inability to use, the site or any linked site, the content available through the site or any linked site, or with respect to any products or services provided on or available through the site or any linked site, whether or not there is negligence by Clock Winder and whether or not Clock Winder has been advised of the possibility of any such damages. This is a comprehensive limitation of liability that includes but is not limited to personal injury, pain and suffering, emotional distress, lost profits, lost sales and damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in the site, the content, services or products.
Each provision of these terms that provides for a limitation of liability or disclaimer of warranties effectively allocates the risks between you and Clock Winder. This allocation is an essential element of the basis on which Clock Winder provides the site. The limitations will apply even if any limited remedy fails of its essential purpose(s).
You shall defend, indemnify and hold harmless Clock Winder and others involved in the Site or the delivery of products, services or information through the Site (collectively, the “Indemnified Parties”) from any and all claims, liabilities, demands, loss, damages, costs, expenses and attorneys' fees arising out of or relating to your use of the Site or participation in Communication Services, including but not limited to any of your Submissions or any alleged facts that, if true, would constitute a breach by you of these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use.
The headings listed in these Terms are provided for convenience only and will not affect their construction or interpretation.
These Terms and Clock Winder’ Warranty, as either may be revised from time to time, describe the entire agreement between you and Clock Winder with respect to the Site, the Content and your Transactions, and no other terms that may have been communicated to you orally or in any other manner, including but not limited to postings via Twitter or Facebook, have any force or effect. If any provision of these Terms is unenforceable, the unenforceable provision shall not impair any other provision of these Terms, which shall remain in full force and effect, and such unenforceable provision will be modified so as to render it enforceable and then applied in such modified form. Clock Winder’ failure to insist upon or enforce strict performance of any provision of these Terms shall not constitute a waiver of that provision. Clock Winder shall not be deemed to have waived any provision of these Terms unless it agrees to do so in writing. Neither a course of dealing or conduct between you and Clock Winder nor any trade practices shall be deemed to modify these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between you and Clock Winder as a result of these Terms or your access to or use of the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign, transfer or sublicense any of your rights or obligations under these Terms without Clock Winder’ prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.