Terms Applicable to the Purchase of Merchandise BY WATCH RAPPORT.
The following terms and conditions govern any Transaction relating to the purchase, or attempted purchase, of Merchandise by Watch Rapport.
Ownership of Merchandise.
If you are attempting to sell Merchandise, you hereby represent and warrant to Watch Rapport that (i) you are at least eighteen (18) years of age; (ii) you have good and marketable title to the Merchandise; (iii) you have full authority to sell, transfer, and convey the Merchandise; (iv) you are the legal and equitable owner of any and all Merchandise offered to be sold to Watch Rapport; (v) you are acting on your own behalf, and not as another’s agent or representative; (vi) the Merchandise is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever; (vii) you will NOT send in materials containing the following: arsenic, beryllium, bismuth, cadmium, mercury, nickel, lead, antimony, selenium, tin, tellurium or any other harmful, toxic, or poisonous elements; (viii) the Merchandise is not from, or the result of, illegal activity, including theft or fraud; (ix) any transaction initiated by you will not cause Watch Rapport to be in violation of any anti-money laundering, anti-terrorism, or other applicable state or federal law of the United States of America any state or any foreign country; and (x) Watch Rapport reserves the right and you hereby agree to provide additional documentation and/or information concerning yourself and/or any Merchandise, including all documentation or information necessary for Watch Rapport to comply with local, state and federal law (which includes Watch Rapport reporting all Merchandise received to the proper authorities as required by applicable law.)
Describing Your Merchandise.
Inbound Shipping; Costs; Loss or Damage Guarantee.
If Watch Rapport desires to receive your Merchandise for further inspection we may provide you with a shipping label; however, Watch Rapport is not obligated to provide you with a shipping label. If you send us the Merchandise using the shipping label we provide, we will purchase insurance to cover your Merchandise in the event it is lost damaged for the cash value of your quote, once it is processed by the national courier selected by us to ship your Merchandise (the “Shipper”). Once your watch is received, it will remain insured for the value of your cash quote. In the event that your package is lost we will require that you provide proof of shipping receipt, provide receipt of proof that goods are lost, and file a claim within 30 days of loss. In the event your package is damaged we will require that you: provide proof of shipping receipt, provide receipt of proof that goods are damaged, demonstrate that the package was not damaged prior to shipping, and file a claim within 30 days of loss. If you believe that you need additional coverage, then it is your responsibility to contact us so that we can provide such additional coverage at our expense before sending us your Merchandise. You can contact us by telephone at (800) 571- 7765 to arrange for additional coverage or for shipping instructions. For Merchandise shipped from a jurisdiction outside the U.S. or in territories of the U.S. that require importing to the U.S., you will responsible for all costs associated with the safe shipping of your Merchandise. However, if we agree in writing to pay for your shipping, a shipping label will be provided, and we will pay for the costs of such shipment, including duties, VAT, etc. You are responsible for abiding by all relevant export and import laws and restrictions. If Watch Rapport receives your Merchandise, makes you an offer to purchase such Merchandise, and you decline such offer, regardless who paid to have it shipped to Watch Rapport, it will be your responsibility to arrange for and pay for the necessary shipping to return your Merchandise. Notwithstanding the foregoing, you shall bear the risk of loss with respect to all Merchandise until such Merchandise is actually received by Watch Rapport.
Receipt of Merchandise.
Determining Watch Rapport’s Offer.
We will determine our estimate of the value of your Merchandise using factors that we deem to be appropriate. In order to value your Merchandise, we may need to open the watch and remove gemstones and other items from the watch. You hereby authorize us to open the watch, remove gemstones and other items from the watch, and take such other actions as we deem reasonably necessary to accurately value your Merchandise, including without limitation sending your Merchandise, at no cost to you, to a potential third-party purchaser. You hereby further authorize us to perform our standard preparation service (which may consist of cleaning, basic repairs (as we deem appropriate), accuracy calibration, lubrication and pressure testing), and to photograph your Merchandise. Upon processing your Merchandise, we will notify you by electronic means (an “Offer Notice”) of our offer of payment for your Merchandise (“Offer”).
Accepting or Rejecting Watch Rapport’s Final Offer.
You may accept the Offer via the electronic communication method that you are currently using to communicate with Watch Rapport within seventy-two (72) hours of the date of the Offer Notice. Watch Rapport may, in its sole discretion, extend the time for acceptance of an Offer. In order to reject the Offer, you must do so via the seller portal. If you reject the Offer, and do not authorize us to hold your Merchandise for a longer period in order to make you another offer, we will ship your Merchandise to you at the address indicated in our records within fifteen (15) business days at no cost to you, and will insure your Merchandise for the full value of the Offer.
Payment for Your Merchandise.
We will issue payment for the Merchandise in the amount stated in the Offer, less any fees owed to Watch Rapport as stated in the Offer (the “Purchase Price”), via the method of payment you selected in your electronic communication with Watch Rapport at the address you provided on or before seven (7) business days of your acceptance of the Offer.
ALL SALES ARE FINAL! ALL SALES ARE FINAL. NO REFUNDS, RETURNS OR CREDITS ARE PERMITTED.
If you have elected to receive the Purchase Price by check, the transaction is final once Watch Rapport has sent a check to the address you provided.
Returned Merchandise; Outbound Insurance; Costs; Insurance.
TERMS APPLICABLE TO THE SALE OF MERCHANDISE.
The following terms and conditions govern any Transaction relating to the sale, or attempted sale, of Merchandise by Watch Rapport.
How We Operate.
Our goal is to sell you a gently used luxury watch of your choice, first rate quality for a competitive price. What makes Watch Rapport the premier company to buy from is due to our individualized and specialized care we provide to our discerning buyers. We make available to you our Site, which is designed to provide information as to the many different styles, sizes, colors, metals, stones, etc., of any watch you may desire. With that being said, Watch Rapport does not want to represent that all the Merchandise that a buyer sees on the Site is in inventory and ready for purchase.
Once you make your choice and place your order, we start the process of finding exactly the watch of your wishes. Thus, unfortunately, we cannot make any guarantees or promises on the exact delivery date or transaction fulfillment. We may be able to obtain your dream watch from one of our many sellers within a day or two. However, it may take longer depending on the uniqueness of your order. Of course, Watch Rapport will work diligently and expeditiously to locate the Merchandise and get it to you. If you feel we are not working within your expected timeframe, your order is always backed by our 100% money-back-guarantee. Should you request a refund, no problem, but no refund shall ever accrue any interest no matter how long Watch Rapport has been holding on to the money you paid.
Watch Rapport will use its best efforts to keep you informed of our progress. But reoccurring communication is not mandatory and it is the sole responsibility of you to contact us if you want an order update or any information relating to the transaction.
Risk of Loss; International Shipments.
All Merchandise sold by Watch Rapport is sold pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For Merchandise shipped to a jurisdiction outside the U.S. or in territories of the U.S., you, as the purchaser, are required to pay customs charges, as well as any associated import tax, VAT, or duties. Watch Rapport is unable to provide specific customs charges for each purchase as policies vary greatly by country. You are encouraged to contact your local customs office for pricing estimates. Watch Rapport will include a copy of the invoice for the Merchandise with every purchase, and each country will determine applicable fees based upon such invoice. Watch Rapport will not label an item as a gift or declare a lesser value on the invoice than the purchase price paid. Watch Rapport will issue a refund of the purchase price actually received by Watch Rapport, minus all shipping and customs charges incurred as well as a restocking fee in such amount as reasonably determined by Watch Rapport, for any Merchandise returned to Watch Rapport by customs officials due to you, as the purchaser, refusing such Merchandise at customs.
Returns, Refunds and Title.
All returns and refunds are governed by our Return Policy. Watch Rapport does not take title to returned items until the item arrives at our location.
We attempt to be as accurate as possible. However, we do not warrant that Merchandise descriptions or other content on our site, including, without limitation, pricing information, is accurate, complete, reliable, current, or error-free. Additionally, you understand that the Merchandise that you are purchasing may arrive not as described. Should this occur and you are not satisfied with the Merchandise you have the right to return the Merchandise you purchased within 30 days of confirmed delivery to you.
Prices for Merchandise sold by us are subject to change at any time, without notice. With respect to items sold by us, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our inventory may be mispriced. If the correct price of an item sold by us is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Watch Rapport does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Accuracy of Billing; Account Information; Fees and Payments.
We reserve the right, with or without prior notice, to (a) discontinue or limit the available quantity of any product or aspect of the Services and (b) refuse to allow any user to purchase a product or deliver any product to a user.. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made from us. You agree to promptly update your account and other information, including your email address and phone number so that we can complete your transaction(s) and contact you as needed.
When you purchase Merchandise through the Services, you (a) agree to pay the price for such Merchandise set forth in the Services, all shipping and handling charges (if any), and all applicable taxes and customs fees in connection with your purchase (the “Full Purchase Amount”). Watch Rapport’s only acceptable method of payment is a bank wire transfer. Unless otherwise noted, all currency references are in U.S. dollars. All fees are payable in accordance with payment terms in effect at the time the fee becomes payable. Orders will not be processed until payment has been received in full. Once payment has been received, such funds shall be deposited in Watch Rapport’s general bank account, which to be clear is neither a trust account nor an escrow account, and may be used for operational purposes (such as payment to a third party for the purchase of Merchandise).
Terms Applicable to All Transactions.
License To Use the Services.
If you establish an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Watch Rapport does sell products for children, but it sells them to adults, who can purchase by our only method of payment, a bank wire transfer. If you are under 18, you may use the Site only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Rules Governing Your Use of the Site.
You are entirely responsible for any harm resulting from your use of the Site. Watch Rapport does not warrant that the function or operation of the Site will be error free, that the Site or the server that makes it available will be free of viruses or other harmful elements. As a user, you assume full responsibility for any costs, expenses, losses, or damages incurred by you in connection, resulting from, or arising out of the use of the Site.
(b) You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Watch Rapport. Except as specifically permitted herein or expressly authorized in writing by Watch Rapport, you agree that you will not directly or indirectly: (i)distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity, (ii) use the Services in any service bureau arrangement, (iii)copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means, (iv) harvest or scrape any content or data from the Services, or (v) permit any third party to engage in any of the acts described in clauses (vi), (viii), (ix) and (x) above.
You further understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services, (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services), (iii) use any means to discover the source code of any portion of the Services, or (iv) otherwise bypass any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of Watch Rapport and its licensors. If you breach these restrictions, you may be subject to prosecution and damages. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Watch Rapport is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Services.
You understand and agree that Watch Rapport expressly reserves the right to cancel any order at any time for any reason. Watch Rapport shall refund the amount of money paid up to the date of cancellation. Additionally, you understand and agree that Watch Rapport reserves the right to refuse service to any one for any reason at any time.
Accuracy, Completeness and Timeliness of Information.
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Site is at your own risk. If you have any questions, please feel free to call our customer service center at (800) 571-7765. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. Except where noted otherwise, the list price, estimated retail price, suggested retail price, or similar price information displayed for Merchandise represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. These prices are a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. We make no representations or warranties as to accuracy or completeness of any pricing or other information included in this Site, and you should not rely on this information. Actual retail prices may vary greatly from those shown in this Site. We reserve the right to modify any information from time to time without notice, including, but not limited to, information regarding prices, models, and specifications. We do not assume any responsibility for the accuracy, completeness or authenticity of any information contained in this Site, including the estimated retail prices. You agree that it is your responsibility to monitor changes to our Site.
Any and all (a) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Watch Rapport by you (collectively “Feedback”) and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by Watch Rapport or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of Watch Rapport. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Watch Rapport and Watch Rapport may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Watch Rapport any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Watch Rapport’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
Social Media / Online Reviews.
Watch Rapport understands the important role that online reviews play in building a business’s reputation. We also understand our customer’s desire to provide an online review. While we continually strive to provide you with the best quality regarding your use of the Services, we acknowledge that from time to time there may be a mihap with respect to your dealings with us. Watch Rapport will work in a timely manner to resolve any mishap that may occur. Your satisfaction is our number one priority.
To that end, Watch Rapport complies 100% with the Consumer Review Fairness Act enforced by the FTC. While we believe in honest consumer evaluations we will not tolerate reviews that contain any of the following prohibited speech: (1) any speech containing confidential or private information – for example, a person’s financial, medical, or personnel file information or a company’s trade secrets; (2) any speech that is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (3) any speech that is unrelated to the company’s products or services; or (4) any speech that is clearly false or misleading. Please be advised if you do post prohibited speech, Watch Rapport will make every effort, including but not limited to, legal action, to have it taken down immediately.
Should you find yourself desiring to post a negative review, please before posting call us to talk about the problem. Most likely there is a misunderstanding and we want to address your concerns quickly and resolve the matter in a favorable way.
Grant License – User Content
WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION IT VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SITE OR SERVICES.
Third Party Services and Materials
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that Watch Rapport is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Watch Rapport does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
Third party services and Third Party Materials that may be accessed from displayed on or linked to from the Services and are not available in all languages or in all countries. Watch Rapport makes no representation that any third party services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
Disclaimer of Warranties.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR YOUR USE OF THE SERVICES, INCLUDING INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WATCH RAPPORT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. WATCH RAPPORT DOES NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, OR (D) DEFECTS IN THE SERVICES WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY WATCH RAPPORT OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WATCH RAPPORT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
ALL INFORMATION, CONTENT, MATERIALS, MERCHANDISE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY US OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WATCH RAPPORT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO MERCHANDISE, TRANSACTIONS, AND THE SERVICES PROVIDED BY WATCH RAPPORT TO YOU.
YOU AGREE THAT WE WILL NOT BE LIABLE FOR (a) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECULATIVE, OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR OPPORTUNITY; OR (b) ANY CLAIMS, DEMANDS, OR ACTIONS FOR ANY SUBROGATION CLAIM BROUGHT BY YOUR INSURANCE CARRIER, IN EACH CASE RELATING TO ANY TRANSACTION(S), THE MERCHANDISE, THE SITE, OR ANY OTHER SERVICES PROVIDED BY WATCH RAPPORT TO YOU, AND YOU EXPRESSLY AND SPECIFICALLY WAIVE ANY SUBROGATION CLAIM ON YOUR BEHALF AS WELL AS ON BEHALF OF YOUR INSURANCE CARRIER.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Arbitration and Class Action Waiver.
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a Class Action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Class Action Waiver: Any Claim (as defined below) must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Watch Rapport each waive any right to a jury trial.
1. Informal Process First. You agree that in the event of any dispute between you and Watch Rapport, you will first contact Watch Rapport and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to 297 Kingsbury Grade, Suite 100 Lake Tahoe (Stateline) NV 89449. The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules, but if the applicable arbitration rules or laws require Watch Rapport to pay a greater portion or all of such fees and costs in order for this section to be enforceable, then Watch Rapport will have the right to elect to pay the fees and costs and proceed to arbitration or to decline to do so and have the matter resolved through the courts. The prevailing party will be entitled to costs, reasonable attorneys’ fees, which may by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
If you do not want to arbitrate disputes with Watch Rapport and you are an individual, you may opt out of this arbitration agreement by sending a letter to 297 Kingsbury Grade, Suite 100 Lake Tahoe (Stateline) NV 89449 within thirty (30) days of the first of the date you access or use the Services.
1. Notice. You hereby acknowledge and agree that you provided to us the email address, physical address, and telephone numbers that are in our records, and it is your responsibility to provide us with any current or updated contact information. You further acknowledge and agree that: (i) any email message that we send to you is deemed to have been effectively received by you and constitutes due notice to you by email; and (ii) any phone message we leave with you, anyone answering your phone, or on your answering machine or service is effectively received by you and constitutes due notice to you by telephone.
2. Replace Shipper. In the event of any strike, disruption of service, or any other problems that we might encounter with Shipper, we reserve the right in our discretion to replace Shipper with another shipping carrier.
3. Export Laws. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Watch Rapport hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
4. U.S. Government Restricted Rights. The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
6. Dept. of Consumer Affairs. Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
8. Waiver. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
9. Partial Invalidity. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired.
15. Force Majeure. Neither Watch Rapport nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: epidemic, fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
20. Copyright Notice. All Site design, graphics, text selections, arrangement and all software are Copyright © 2020 Watch Rapport, LLC. ALL RIGHTS RESERVED.
Watch Rapport is an independent company not affiliated with Rolex S.A., Rolex USA, Inc., or any of its subsidiaries and is not an authorized agent of any watch manufacture.