Terms of Use

USER AGREEMENT

This document is a legal agreement ("Agreement") between you, the individual and/or entity (“you” or “user”) using BorrowedTimeWatches.com and LuxuryWatchRental.com websites (“The Websites”)and Borrowed Time Luxury Watch Rentals LLC("BTLWR") describing the terms and conditions applicable to your use of The Websites and the services it provides (individually and collectively, "The Service"). Please examine this Agreement carefully and understand its contents fully before using The Service. By using The Service you are agreeing to be legally bound by these terms and conditions. By using The Service you are acknowledging that you are at least 18 years old and that if you represent a company or other entity, you also are warranting that you are authorized to enter into this Agreement on behalf of that party. This Agreement shall also apply to each party’s successor and assigns.

Restrictions and Conditions of Use:

Users of TheService shall not upload to,distribute or otherwise publish through The Service any content that is libelous, defamatory, obscene, pornographic, abusive or violates any laws or standards of public decencyin their geographic area, orwhich contains viruses, "worms," "Trojan horses" or other malicious code or any other harmful properties; or use The Service for, or to further, any illegal, unethical or immoral purposes. Without the express prior written consent of BTLWR, users shall not post advertisements, solicit business or otherwise transmit any material advertising the commercial availability or quality of any property, goods or services on The Service or otherwise through The Websites (including by facsimile), provided that nothing in this sentence shall limit the use of invitations-to-critique or rateand responses thereto, so long as such communications do not contain material advertising the commercial availability or quality of any property, goods or services. Users shall not use The Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Users shall not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Users shall not restrict or inhibit any other user from using and enjoying The Service, harvest or otherwise collect any information about other users or companies listed on The Service, create a false identity for the purpose of misleading others or download or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of The Service or other user or usage information or any portion thereof. BTLWR may, at its sole discretion, immediately terminate any account which it believes is transmitting or is otherwise connected with any spam or other unsolicited bulk messages.

As a user, you are responsible for your own communications and are responsible for the consequences of their postings. You agree not to: post material that is copyrighted, unless you are the sole copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; or post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.

BTLWR does not represent or guarantee the truthfulness, accuracy or reliability of any communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

BTLWR does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications that allegedly do not conform to this Agreement, BTLWR may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communications.BTLWR has no liability or responsibility to users for performance or nonperformance of such activities. BTLWR reserves both the right to expel users and prevent their further access to The Servicefor violating this Agreement or any laws and the right to remove any communications or content for any reason.

Links to Other Sites

The Service may contain links to third party websites. Links are provided solely as a convenience to you the user and not as an endorsement by BTLWR of the content of such websites. BTLWR is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of the materials on such websites. If you decide to access linked third party websites, you do so at your own risk.

Changes to this Agreement

This Agreement may be modified only by BTLWR at any time and such modifications shall be effective within fifteen (15) days of the date such modifications are posted online by BTLWR. By accessing and using The Websites after the stated effective date of such changesyou agree that you will be bound by any modifications or amendments to subsequent versions of this Agreement. You agree to periodically review this Agreement so that you will be aware of any planned changes by BTLWR.

Communications

You agree to receive any notices or communications sent from TheService staff or users. Any notice or communication to you may be made by email, fax or postal mail and may be sent to you at your email or postal address or fax number provided on The Service.

No Violation of Laws

You agree that you will not, in connection with your use of The Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through The Websitesany material that infringes any copyright, trademark, patent, trade secret or other right of any party, including rights of privacy or publicity.

Misuse of TheService

You may not connect to or use The Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist or become involved in any type of attack, includingwithout limitation denial of service attacks, upon TheService or otherwise attempt to disrupt TheService or any other person’s use of TheService;(b) attempt to hack or gain unauthorized access to TheService, accounts registered to other users, or the computer systems or networks connected to TheService; or (c) attempt to copy, duplicate, reverse engineer or otherwise obtain the technology or misappropriate the intellectual property used to create and operate The Service.

No Data Mining

You agree that you will not (a) “mine” or “scrape” any data from The Service; (b) obtain or attempt to obtain any information from The Service using any method not expressly permitted by The;(c) intercept, examine or otherwise observe any proprietary communications protocol used by TheService, whether through the use of a network analyzer, packet sniffer or other device; or (d) use any third-party software to collect information from or through the computer of any other user of TheService, including,without limitation information about another user, company or business, or any other TheService data.

Your Use Responsibility

By accessing or using The Service, you assume any and all responsibilities and risks of use of The Service and any services or products contained therein.BTLWR does not and will not guarantee, represent or warrant that The Service will meet your requirements. The information included in The Service may include technical or other inaccuracies or typographical errors. BTLWR does not review or substantiate any of the information, products, services or claims made on The Service.

Content and Errors or Omissions; No Warranties:

The content and information on TheService is intended for informational purposes only.Although BTLWR exercises reasonable efforts to determine whether such information is accurate, the information provided may contain errors, may not be complete, current or applicable to your particular situation. The Websitesis provided on an "as is" basis, without warranties of any kind, express or implied, and BTLWR assumes no responsibility for errors or omissions in The Service or any other website that may be referenced or linked to The Websites. Although BTLWR uses certain security measures (as described in the The Websites Privacy and Security Statement), BTLWRshall not be liable for any breach of security or privacy with respect to The Service, including any breach caused by any third party or that results in an unauthorized person or entity learning the contents of any message or provided informationthat is intended to be private.

Indemnification

You agree to defend, indemnify and hold BTLWR and its affiliates (and their respective directors, officers, members, employees, agents, representatives and attorneys) harmless from and against any and all claims, damages, costs and expenses (including attorneys fees) arising from your use of The Service, including any errors, inaccuracies, misrepresentations or defects in any materials or information submitted by you.

Intellectual Property

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, software, video, audio, writings and other materials that are part of The Service (collectively, the "Content") are protected by copyrights, trademarks, trade dress and/or other intellectual properties owned by or licensed to BTLWR. The Service as a whole is protected by copyright, trade dress and all worldwide rights, titles and interests in and to The Service and the Contents are owned by BTLWR.

Trademarks

The Service contains BTLWR and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in The Service including copyright, trademarks, trade secret and patent rights are reserved. Access to The Service does not constitute a right to copy or use any of the intellectual property of BTLWRor any other person, except as specifically provided herein. User agrees that it will take no action to register or otherwise interfere with or challenge such intellectual property rights.

Copies

BTLWR hereby authorizes you to make copies of the Content (except for confidential or private information to which access is restricted) solely for your internal personal use; provided, however, that you shall not have the right to display, transmit or distribute any copies of the Content to any third parties (including permitting third parties to download, upload, copy or view the Content). Without limitation of the foregoing, you shall not directly or indirectly, (1) sell all or any portion of the Content to any third party or (2) use or exploit the Content in any way in connection with any website other than The Service. No right, title or interest in any downloaded materials or software is transferred to you as a result of any copying of the Content for your internal personal use. You agree that you shall not alter or remove any copyright notice or proprietary legend contained in the Content. You agree that any copy made shall include BTLWR’s copyright notice or any other notice included therein. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display, alter or modify, create derivative works from, compile facts or information from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, The Service or any related software. You agree not to derive or attempt to derive the source code, source files or structure of all or any portion of the Content or The Websites or any of its underlying technology by reverse engineering, disassembly, decompiling or otherwise.

Member Submissions, User Comments and Feedback

Users expressly grant and license to BTLWR the right to utilize, display and otherwise use any all materials, including images, illustrations, designs, icons, photographs, software, video, audio, writings and other materials (collectively, the "User Content") submitted or offered in connection with your use of The Websites or The Service. The use of the User Content by BTLWR shall not terminate or be restricted in any manner even if the User is no longer an active user or member of The Service. Thus, BTLWR shall not be limited in any way in its use, commercial or otherwise, of any Submissions. BTLWR is and shall be under no obligation (1) to maintain any Submissions in confidence, (2) to pay to user or member any compensation for any Submissions or (3) to respond to any user or member Submissions.

You agree that no User Content submitted by you to The Service will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Content submitted by you to The Service will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Content you make.

Information You Provide

You mayprovide information such as, but not limited to,your name, address, financial information,credit card information, bank account information, video and audio messages, email addresses, fax numbers and/or contact information to be added to The Service database in connection with your use of The Service.You certify that this information is accurate, you have an existingrelationship with any and all entity information you provide to BTLWR and you request and authorizeBTLWR to be able to contact each of the entities on your behalf via facsimile, email or otherwise, in connectionwith the distribution of information and/or any other messages sent through The Service.

BTLWR requires that the information you provide be true, accurate and up-to-date at all times and you represent and warrant that this is and shall be the case. This includes, but is not limited to, any representations made regarding user and member qualifications, licenses, product detail and quality. In addition, you agree that no communication transmitted by you or on your behalf through The Service (including through The Service by facsimile) will contain any advertisement or material advertising the commercial availability or quality of any property, goods or services other than the specific products or goods being listed for sale. BTLWRreserves the right to terminate your registration and access to The Websites if any information provided does not meet these requirements at any time.

BTLWR assumes that you are the owner of, and/or have received all appropriate consent from the owners of, any and all material, information, intellectual property in any form, or other data you make available to BTLWR and you represent and warranty that this is and shall be the case. You are responsible for ensuring that the owner of the information has given you permission to make the information available to other parties, whether to the general public or to specific groups or individuals. This permission must be royalty-free and grant the person(s) who see the information the non-exclusive right-to-use, transmit, modify or display it and you hereby grant to BTLWR the right to use, transmit, modify, and display such material, information, intellectual property and other data on The Websites.

Responsibility of BTLWR, The Websites, and The Service

BTLWR and the services it provides to Members through The Service on The Websites acts only as a rental provider of luxury time pieces. BTLWRretains all ownership of the items rented by Members through The Service, but is in no way responsible for the use or misuse of the products obtained through The Service by any Member. Any issues including but not limited to relating to quality, quantity, or misrepresentation will be handled by BTLWR in an efficient and cost effective manner.

Membership

BTLWR may designate certain persons and organizations as “Members.” Such designation does not confer any ownership interest in, or right to control, Borrowed Time Luxury Watch Rentals LLC, but instead means that the designated person or organization has access to Member Services provided by The Service as described in this User Agreement.

Eligibility

Membership is currently only open to legitimate and financially qualified individuals and organizations who reside in the Chicago, IL region. Only United States Citizens, Resident Aliens, and United States based organizations are eligible to become Members.Foreign nationals and foreign organizations are specifically prohibited from becoming Members or from using The Service. In order to become a member you must provide your legal name, tax ID number, agree to a background and credit check, State Driver’s License Number, current address, employer name and address, a valid credit card, a valid ACH debit authorization, and a valid bank account and routing number. BTLWR will only deliver products to addresses that match the billing address on the associated method of payment and only to those addresses located within forty-eight contiguous states of the United States. Notwithstanding anything to the contrary in this document, BTLWR may at its sole discretion refuse to accept an application for Membership and/or limit a Member’s use of the services provided by The Service at any time.

Membership Fee

Each Member is assessed a Membership Fee through either a monthly, two-week, one-week, or three day subscription. If you are a Member, you acknowledge that payments will be processed automatically (e.g., debited from your account or charged to your credit card) until you cancel the subscription and terminate your membership. The Membership Fee is non-refundable and must be pre-paid in full during the Member’s first login to The Service; subsequent payments of the membership fee are automatically renewedon the anniversary date on the same basis as the term selected on the first login using the customers preferred credit card or bank account. Any processing issues or subsequent failure to pay the Membership Fee is grounds for revocation of Membership. BTLWR reserves the right to change the amount of the membership fee and/or the payment schedule at any time. You acknowledge that BTLWR is not required to provide a refund for any reason and that you will not receive money back for prepaid time when the account is closed, whether such closure was voluntary or involuntary.

All products rented on The Service are subject to a rental fee, insurance fee, and shipping fee that may vary from time to time, but will be clearly identified during the transaction process and will require your authorization before any transaction is consummated. As a Member, you acknowledge that payments will be processed automatically (e.g., debited from your account or charged to your credit card).BTLWR reserves the right to change the amount of the rental fee and/or the payment schedule at any time. You acknowledge that BTLWR is not required to provide a refund for any reason and that you will not receive money back for any issues including but not limited to delivery failure, faulty or misrepresented products.

BTLWR will require a deposit equal to the value of the rented item to be made either through a hold on a valid credit card or bank account. Members will be limited to one rental item at a time and only one rental item per address.

Member Services

Certain services provided by BTLWR(“Member Services”) are available only to Members. Member Services currently include, but are not limited to, access to The Service and the ability to buy and sell products through The Service. BTLWR may establish limits concerning use of any Member Services offered on The Service including,but not limited to, the maximum number of products that can be listed for sale, the maximum number of messages and/or documents that may be sent from or received by an account on any Member Services, the maximum size of messages and/or documents that may be sent from or received by an account on any Member Services, the maximum disk space that will be allotted on BTLWR Service’s servers on your behalf and the maximum number of times and duration you may access any Member Services in a given period of time. You agree that BTLWR has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Member Services. You acknowledge that BTLWR reserves the right to disable accounts that are inactive for an extended period of time. BTLWR reserves the right to modify the Member Services at any time.

Product Offering

BTLWR offers a wide variety of luxury timepieces (“Products”) available for rent and purchase. While BTLWR attempts to maintain a current listing of all Products listed on The Websites BTLWR cannot guarantee the availability of all Products nor can it guarantee delivery of the Products on a certain day or time.

Other Terms

You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your use of The Service and all applicable laws, statutes, ordinances, and regulations concerning the rental of the products you select through The Service.

You agree that BTLWR, at its sole discretion, may terminate your use of The Serviceimmediately and without notice at any time for any reason or no reason, including if BTLWR believes that you have acted inconsistently with the spirit or letter of this Agreement.

This Agreement and the relationship between you and BTLWRshall be governed by, and will be construed under, the Laws of the United States of America and the laws of the State of Texas without the application of any conflict of law rule which would result in the application of the law of any other jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Harris County, Texas for any disputes arising out of or related to The Service. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement. For our customers who access BTLWR Service from outside the United States of America other laws may apply to you and in such event shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof.

The failure of BTLWR to exercise or enforce any right or provision under this Agreement will not constitute a waiver of such right or provision.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the these terms and conditions remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of The Servicemust be filed within one (1) year after such claim or cause of action arose orbe forever barred.

For security purposes, BTLWR does not and will never send automated emails with any file attachments.Additionally, the users of The Service cannot send any emails with any file attachments from The Service servers. BTLWR recommends that users take action to protect their computer by making sure they have anti-virus software installed and updated on their system.

Neither party shall be responsible for its failure to abide by this Agreement or, in the case of BTLWR, its failure to adhere to its Privacy Policy, due to events or causes reasonably beyond its control, such as power failure, fire, explosion, Internet failure, cyber-attack, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or similar event.

Notification to BTLWR of Copyright Infringement:

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please notify BTLWR’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at

Copyright Agent:

Borrowed Time Luxury Watch Rentals LLC

480 Travertine

Buda, TX 78610

Email: notice@luxurywatchrental.com

Please provide our Agent with written notice that includes substantially the following, pursuant to Sec. 512(c)(3) of the U.S. Copyright Act:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (please provide us with the URL of the specific web page(s)).
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

BTLWRwill remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Please also note that, pursuant to Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer:

The Service, is managed by Borrowed Time Luxury Watch Rentals LLCand is provided as a service to its customers and the general public.

Users of The Service are responsible for verifying the accuracy, completeness, currency and/or suitability of all information provided by The Service as it applies to them. BTLWR makes no representations, guarantees or warranties as to the accuracy, completeness, currency or suitability of the information provided via The Service, nor with respect to the availability of The Service or any other matter. BTLWR specifically disclaims any and all liability for any claims or damages that may result from providing The Service or the information it contains, including any websites maintained by third parties and linked to The Websites.

The responsibility for content rests with the users who are providing the information. The inclusion of links from The Service does not imply endorsement by BTLWR. Specific questions regarding a document or link should be directed to the appropriate organization and not to BTLWR. BTLWR makes no effort to independently verify and does not exert editorial control over information on pages outside of the "LuxuryWatchRental.com” and “BorrowedTimeWatches.com" domains.

BTLWR does not and will not guarantee, represent or warrant that defects in The Service will be corrected or any content contained or posted on The Websites will be corrected.

You agree that BTLWR will not be liable for any direct, incidental, special, consequential or exemplary damages resulting from the use of or the inability to use The Service, or from unauthorized access to or alteration, theft, loss or destruction of your network, systems, applications, data, programs, procedures, information or computer equipment, including through accident or fraud (collectively, “Use”). BTLWR shall not be liable for any Use (and you hereby irrevocably waive any and all claims regarding any Use, whether such claims are based in warranty, contract, tort, strict liability or otherwise).

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