- Terms of Service
Terms of Service
ATTENTION: Please read this carefully before using our site, services, applications or products ("Services"). This is a legally binding contract between you and JavyEstrella.com. Your use of the Services constitutes acceptance the Terms and Conditions. If you do no accept these Terms, do not use the Services.
Use of Services
JavyEstrella.com authorizes you to view and download the materials from our website, services, app, applications or products, ("Services") which contain, without limitation, information, data, text, photographs, videos, audio clips, written posts, comments, software, scripts, graphics (“Content”) only for your personal, non-commercial use, and only if you leave all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials from the Services in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website, application or networked computer environment for any purpose is prohibited. The materials contained within the Services are copyrighted. Any unauthorized use of any materials contained within the Services may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use the Services automatically terminates and you must immediately destroy any downloaded or printed materials.
As a user of the Services you are granted a nonexclusive, nonsublicensable, nontransferable, revocable, limited license to access and use the Services and Content in accordance with these Terms. JavyEstrella.com may terminate this license at any time for any reason.
Limitations on Use
The Content on the Services is for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from the Services or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Services or the Content without JavyEstrella.com prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Services, except to the extent permitted above. You may not use or otherwise export or re-export the Services or any portion thereof, the Content or any software available on or through the Services in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Services or its Content is prohibited. You may not use data retrieved from this Services to solicit Users.
All ads stating that prices are up to a certain percent off pertain to the full retail price of a new watch. For instance, if an ad says "Up To 35% off" this means that our price is up to 35% less than what the full retail price of a new watch would be.
You also represent and warrant that you: hold all necessary right, title and license to any Communications to us; have not violated any rights of third parties; and, that your Communications are accurate, complete, up-to-date and not misleading. You are prohibited from posting or transmitting to or from the Services any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
The Services may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Services is accurate and complies with applicable laws. The Services will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials.
Third Party Content
Third party content may appear on the Services or may be accessible via links from the Services. JavyEstrella.com is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Services. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of JavyEstrella.com.
All products offered are subject to prior sale. While JavyEstrella.com has tried to accurately display shapes and colors of the products offered on the Services, the actual colors you see mostly depend on your monitor and may not be accurate.
All design, images, audio clips, data and information, the selection and arrangement thereof as well as all software contained on the Services are, to the extent possible, copyrighted and/or otherwise proprietary to JavyEstrella.com You are authorized to download or print a hard copy of individual pages and/or sections of the Services, provided that you do not remove any copyright or other proprietary notices. This authorization is limited to use for information purposes only. Reproducing (in whole or in part), transmitting (by electronic means or otherwise), modifying, linking into or using for any public or commercial purpose any portion or all of the Services without prior written permission of JavyEstrella.com is strictly prohibited.
If we believe a user may be infringing upon someone’s intellectual property right, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights. If you believe someone has posted on the Services a work that you own without your authorization, please send a notice of copyright infringement containing the following to our Designated Agent (whose contact information is below:
• Identification of works or materials being infringed;
• Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
• Your contact information, including address, telephone number and, if available, e-mail address;
• A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law;
• A statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner; and
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringe.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for JavyEstrella.com at 2200 S. 10th St., McAllen, TX 78503
Unless otherwise indicated, the mark JavyEstrella.com and all other marks including logos and graphic designs proprietary to JavyEstrella.com, are subject to the trademark rights of JavyEstrella.com and may not be used in connection with any product or services that are not offered by JavyEstrella.com in any manner that is likely to cause confusion among customers or in any manner that discredits or disparages JavyEstrella.com. No mention is made of rights with respect to other trademarks, service marks or trade-names, whether registered or not, which may attach to certain words or signs used herein. The absence of such mention, however, in no way implies that there is no protection of these marks, trade-names, words or signs.
EXCEPT AS EXPRESSLY SET FORTH IN WRITING TO THE OTHERWISE, THE MATERIALS, SERVICES AND PRODUCTS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. JavyEstrella.com warranties are non-transferable. JavyEstrella.com does not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. JavyEstrella.com does not warrant or represent that the information available on or through the Services will be correct, accurate, timely, or otherwise reliable. JavyEstrella.com may make improvements and/or changes to its features, functionality or Content at any time. JavyEstrella.com further does not warrant the accuracy and completeness of the materials or information at the Services.
JavyEstrella.com reserves the right to refuse service, take orders or provide estimates to anyone at its sole discretion. JavyEstrella.com may make changes to the Services, or to the products and prices described here at any time without notice. All visitors acknowledge that prices and availability are subject to change at any time. The materials and information at the Services may be out of date, and JavyEstrella.com makes no commitment to update the materials and services at the Services. Information published at the Services may refer to products, programs or services that are not available in your country. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. All sell prices and purchase offers are subject to change with market conditions. When placing an order or requesting an estimate, you promise that all details you provide to us are true and accurate, that you are an authorized user of any credit or debit card your provide. The cost of foreign products and services as well as the worldwide timepiece market may fluctuate. While we try and ensure that all details, descriptions and prices which appear on the Services are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a refund.
Limitation of Liability
JAVYESTRELLA.COM DOES NOT PROMISE THAT THE SERVICES OR ANY CONTENT, SERVICE OR FEATURE OF THE SERVICES OR PRODUCTS SOLD THROUGH THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SERVICES OR SERVICES OR PRODUCTS OFFERED THROUGH THE SERVICES WILL PROVIDE SPECIFIC RESULTS. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SERVICES, ITS CONTENT AND THE PRODUCTS AND SERVICES OFFERED ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. JAVYESTRELLA.COM CANNOT AND SHALL NOT BE HELD RESPONSIBLE FOR ERRORS, OMISSIONS, OR FAILURES OF ITS OWN TECHNOLOGY OR THE TECHNOLOGY OF ITS USERS. JAVYESTRELLA.COM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
IN NO EVENT SHALL JAVYESTRELLA.COM BE LIABLE FOR ANY LOST REVENUE OR PROFIT OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF JAVYESTRELLA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT ALLOWED BY LAW, JAVY ESTRELLA.COM'S LIABILITY TO YOU, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT PURSUANT TO WHICH THE LIABILITY ARISES. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE TERMS ABOVE MAY NOT BE APPLICABLE TO YOU.
Usage by Children under 18 JavyEstrella.com cannot prohibit minors from visiting the Services. JavyEstrella.com must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view the site. JavyEstrella.com requires that all purchases be made by individuals 18 years of age or older.
You shall abide by all applicable export laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act. You shall not transfer, by electronic transmission or otherwise, any Content derived from the Services to either a foreign national or a foreign destination in violation of such laws.
You agree to indemnify and hold harmless JavyEstrella.com and all of its officers, directors, owners, shareholders, partners, , employees, agents, successors and assigns against and from any and all claims, actions, damages, fines, penalties, liabilities, losses, costs and expenses (including without limitation reasonable attorney’s fees) arising out of, relating to or in connection with: (i) your use of JavyEstrella.com Services; (ii) your purchase, ownership or sale of products through the Services ; or (iii) shipment of any property under these Terms.
JavyEstrella.com reserves the right (but has no obligation )to investigate complaints or reported violations of these Terms and to take action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
Remedies for Violations
JavyEstrella.com reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular Internet address to the Services.
The Services are administered by JavyEstrella.com from its offices in California. JavyEstrella.com makes no representation that materials or information at the Services are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or information at the Services or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access the Services from outside the United States, you do so of your own initiative and you are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.
DISPUTE RESOLUTION California law governs these Terms.
If there is any dispute related to any subject of these Terms (except as noted below), we agree that the dispute shall be resolved by binding arbitration in Los Angeles, California in accordance with the Comprehensive Rules and Procedures of JAMS Arbitration, Mediation, and ADR Services (www.jamsadr.com) or its successor then in effect. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, you and JavyEstrella.com will attempt to resolve the claim or dispute informally. If you and JavyEstrella.com do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.
The decision of the arbitrator shall be final and binding on the parties. The arbitrator shall render the award in writing, explaining the factual and legal basis for decision as to each of the principal controverted issues. The parties and each of them expressly agree that any petition to confirm, modify or enforce the arbitral award shall be resolved by the Orange County Superior Court, to which jurisdiction the parties hereby submit. To the maximum extent permitted by law, the proceedings and results of the same shall be kept confidential.
The parties and each of them agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration all parties waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Severability of Provisions
If any part of these Terms is deemed invalid or unenforceable, the remainder shall remain in full force and effect.
Duties & Taxes
All transactions on the Services are in U.S. Dollars ($).Your order total is set at the exchange rate when your order is placed. International taxes, tariffs and value-added tax (VAT) are the responsibility of the customer. Duty, customs tariffs and VAT are set by the destination country. They are determined based on the purchased merchandise's country of origin or manufacturing and the classification of that merchandise in accordance with a harmonized system adopted. The amount of applicable duty, tariffs, taxes and VAT will vary by country and are the sole responsibility of the customer.
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the Terms will be effective only if in writing signed by an officer of JavyEstrella.com.
JavyEstrella.com is not an authorized Rolex dealer nor is it affiliated with the Rolex Corporation or any of its subsidiaries. Datejust, Day-Date President, Presidential, Super President, Pearlmaster,Masterpiece, Submariner, Cosmograph Daytona, Explorer, Sea Dweller, GMT Master,Yacht-Master, Air King Milgauss, Prince, and Cellini are all registered trademarks of the Rolex Corporation (Rolex USA, Rolex S.A.) All trademarked names, brands and models, mentioned on this site are the sole property of Rolex, USA, Inc. and/or their respective trademark owners. This site, including its owners, operators, and developers, are not affiliated with nor endorsed by Rolex, Rolex USA, or any of its subsidiaries, in any way. We are not an official dealer for the products we sell and have no affiliation with the manufacturer. All brand names and trademarks are the property of their respective owners and are used for identification purposes only.