Terms of use
Updated: 12-14-2023
Please read this carefully before using our site, services, applications, widgets, or sending
or purchasing merchandise (“Services”). This is a legally binding contract between you and
Watch Rapport ('AKA watchrapport.com"). BY USING THE SERVICES, YOU ACCEPT ALL
OF THE PROVISIONS OF THESE TERMS OF USE (AND ANY ADDITIONAL TERMS
INCORPORATED HEREIN) AND REPRESENT TO US THAT YOU ARE LEGALLY
COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE. IF YOU DO
NOT ACCEPT THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO USE
ANY OF WATCH RAPPORT’S SERVICES.
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The information provided by Watch Rapport ("we," "us," or "our") on watchrapport.com (the
"Site") and our mobile application is for general informational purposes only. All information
on the Site and our mobile application is provided in good faith, however we make no
representation or warranty of any kind, express or implied, regarding the accuracy,
adequacy, validity, reliability, availability, or completeness of any information on the Site or
our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY
TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY
INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR
USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY
INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR
OWN RISK.
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In the terms of use set forth below (the “Terms of Use”), the terms “you” and “your” or "the
customer" or " the buyer" or "purchaser" refer to, as applicable, (i) the person or persons
sending a watch or other item or items containing gold, platinum, silver, titanium, other
precious metals, gemstones (including but not limited to diamonds, rubies, sapphires, and
emeralds), or any combination thereof (hereinafter referred to as “Merchandise”) to Watch
Rapport, LLC (“Watch Rapport”) for sale to, and purchase by, Watch Rapport, (ii) the
person or persons purchasing a watch or other Merchandise from Watch Rapport, (each
such purchase or sale transaction hereinafter referred to as “Transaction”) or (iii) the
person or persons using watchrapport.com (the “Site”). “We,” “our,” and “us” refer to Watch
Rapport, its successors, and assigns.
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These Terms of Use are binding on every Watch Rapport customer and shall apply to all
business dealings between you and Watch Rapport, including, but not limited to, your use
of the Site, the Transaction, and any other Services provided to you by Watch Rapport,
including the use of the online platform Shopify which this Site is hosted by. You hereby
make representations and warranties to Watch Rapport (regardless of whether a
Transaction is consummated and whether Watch Rapport is the purchaser or seller of the
Merchandise) and agree to the terms and conditions, in each case as set forth in terms of
Use, by your use of the Site and/or by sending Merchandise to or receiving Merchandise
from Watch Rapport.
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These Terms of Use include (I) AN ARBITRATION PROVISION, (II) A WAIVER OF
RIGHTS TO BRING A CLASS ACTION AGAINST US, AND (III) a release by you of all
claims for damage against us that may arise out of your use of the Services. By using any
of THE SERVICES, you agree to THESE PROVISIONS.Terms Applicable to the Purchase of
Merchandise BY WATCH RAPPORT.
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The following terms and conditions govern any Transaction relating to the purchase or
attempted purchase, of Merchandise by Watch Rapport.
Ownership of Merchandise.
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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.)
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Describing Your Merchandise.
You hereby agree that any description of the Merchandise that you provide to us, whether
on the listing form, packing slip included in the shipping materials or otherwise, will be true,
complete, and accurate at the time you submit such description to us. If we determine, in
our sole discretion, that there are significant discrepancies between the Merchandise as
described by you and the Merchandise we receive, or if no description of the Merchandise
was included in the package used by you to ship the Merchandise, we may suspend or
terminate the Transaction without notice to you. We will not repair or replace any replica
watch even if the damage occurred during our normal testing and valuation procedures.
Not withstanding anything in these Terms of Use to the contrary, in the event that we
terminate the Transaction because the Merchandise shipped by you is determined by
Watch Rapport, in our sole discretion, to have an altered/mutilated serial number or to be a
counterfeit or a replica copy, we will notify you in writing (which may include notification via
email, text message, or other electronic means) and will ship your Merchandise to you, at
your cost, within 5 business days of our receipt of your shipping instructions and payment
therefore (if a valid account number with the designated shipper is not provided); provided,
however, that you hereby agree that Watch Rapport may dispose of the Merchandise if we
do not receive shipping instructions and payment for all shipping costs from you within 30
days of the date on which Watch Rapport sends you written notice that the Transaction
has been terminated.
In the event that Watch Rapport terminates the Transaction due to
any other breach of the representations and warranties made by you in connection with
your description of the Merchandise, Watch Rapport will ship your Merchandise to you
within 10 business days at our cost by the Shipper shipping method of our choosing, and
you agree that we will only be responsible for insuring the value of your Merchandise up to
$100.00.
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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”).
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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.
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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.
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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.
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Receipt of Merchandise.
We record the opening and the contents of each package of Merchandise we receive. We
will retain the video for at least 30 days after we receive your Merchandise. You may make
arrangements with us to order a copy of the video of the receiving and unpacking of your
merchandise for an additional fee. We reserve the right, at our sole discretion and without
notice to you, to reject any inbound package. For purposes of these Terms of Use, any
inbound package that we reject will not be deemed to have been “received” by us. Any
non-OEM (Original Equipment Manufacturer) extras (including, but not limited to generic
boxes, aftermarket straps, and third-party materials) will not increase the offer for your
watch. They will not be inventoried and will be disposed of when they arrive at our facility.
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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”).
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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.
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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! 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.
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In the event that your Merchandise is returned to you in accordance with these Terms of
Use, we will ship your Merchandise to you at your address as it appears in our records via
the Shipper shipping method of our choosing at our expense, and will purchase insurance
coverage through the Shipper for the Merchandise for the full value of the rejected Offer. If
a package containing your Merchandise is lost in transit while being returned to you in
accordance with these Terms of Use, we will file a claim with Shipper and pay you the full
amount received by us from the Shipper.
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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.
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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.
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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.
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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.
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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.
Payments, Checkout, Pre-orders, Returns, Refunds and Title.
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Payments & Checkout - When using our checkout process to complete a purchase or
any other purchase method available by Watch Rapport, the customer understands and
agrees that payment is due in advance. Watch Rapport collects payments in advance
before order processing; whether the order may or may not be fulfilled, Watch Rapport
requires payment in advance to process the order. The customer understands and agrees
that by making a payment to Watch Rapport, funds are being held in a standard business/
corporate account or used until the order is delivered or fulfilled. The customer
understands and agrees that payments or funds may also be held or used if the order
cannot be delivered or fulfilled.
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Watch Rapport makes no promises or guarantees of order fulfillment. The customer
understands and agrees that no product, physical or tangible product, service, or delivery
is immediately rendered or exchanged by Watch Rapport at the time of order confirmation
or the payment receipt, with the only exception of digital gift cards if available or being
offered. The customer understands and agrees that products may not be in stock and may
need to be secured from 3rd party vendors, suppliers, private sellers, or any other sources
Watch Rapport may choose at its sole discretion.
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The customer understands and agrees that Watch Rapport may need to source the item
purchased by the customer. The customer understands and agrees that an item marked
"Available" does not mean the item is in stock or is ready to be shipped. The customer
understands and agrees that payment being rendered to Watch Rapport does not
guarantee order fulfillment and that Watch Rapport reserves the right to cancel the order or
refund the payment at any time for any reason without notice.
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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.
Credit Card Payments - The customer authorizes Watch Rapport to charge provided
credit or debit card for the use of payments. The customer understands and agrees that if
an order or transaction needs to be canceled and refunded or anything else related to the
charge, the customer should notify Watch Rapport. The customer understands and agrees
that filing any disputes or chargebacks without contacting Watch Rapport before resolving
any issues is prohibited by the Watch Rapport terms of use.
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Credit or Debit Card Authorization Form - The customer understands and agrees that if
a credit or debit card is used to make a purchase, a payments authorization form may be
requested or required to be completed within 24 hours of the original purchase order date
to continue processing the purchase order. Failure to complete the authorization form may
result in order cancellation without notice. The customer understands and agrees that if
the payment authorization form is not completed, the purchase order may remain pending
and will not be processed until the payment authorization form has been received and
completed. An incomplete payment authorization form may result in funds being on hold,
delayed, or canceled purchase orders.
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Affirm Payments - BY ACCESSING THE AFFIRM WEBSITE OR USING THE AFFIRM
SERVICE, YOU AGREE TO BE BOUND BY THE (1) AFFIRM TERMS OF SERVICE, (2)
AFFIRM E-SIGN CONSENT AGREEMENT, (3) AFFIRM PRIVACY POLICY AND
PRIVACY NOTICE, (4) CROSS RIVER BANK PRIVACY NOTICE, (5) CELTIC BANK
PRIVACY NOTICE, AND (6) EVOLVE BANK & TRUST PRIVACY POLICY. IF YOU DO
NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE AFFIRM WEBSITE
OR USE THE AFFIRM SERVICE.
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Affirm is a 3rd party service offered through Watch Rapport by a separate application
integration. Affirm is a payment provider which offers its own products and services. Watch
Rapport or its affiliates do not manage services and products provided by Affirm. You will
be redirected to the Affirm website or software application to complete product registration
or services by selecting Affirm products or services. Watch Rapport is not liable or
responsible for Affirm payments, refunds, technical support, customer service,
agreements, disclosures, policies, terms, conditions, or services. To learn more about the
Affirm terms of service, please visit this link: https://www.affirm.com/terms
Your use of the Affirm Service is solely between you and Affirm. It is your responsibility to
read the terms and conditions and/or privacy policies applicable to the Affirm Service
before using it.
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Coinbase Payments - Watch Rapport accepts cryptocurrency payments via our preferred
partner, Coinbase. Watch Rapport currently accepts Ethereum, Bitcoin, Dogecoin, Litecoin,
Bitcoin Cash, DAI, and USDC.
Any Cryptocurrency checkout transactions will be finalized by being redirected to the Coinbase network.
Once your Cryptocurrency payment has
been completed, an order confirmation will be generated.
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Cryptocurrency Refunds - All refunds will be initiated and electronically transmitted from
the Coinbase network. Refunds are only processed for the exact cryptocurrency amount
received at the time of placing the order and completing the transaction. Any claims
against exchange rates, interest, accumulated interest, currency value exchange,
increased/decreased currency value, and country exchange rates will not be applied.
Pre-orders - Watch Rapport offers products available for sale via pre-order. The customer
understands and agrees that pre-orders are not products available for immediate sale,
delivery, or fulfillment.
When using our checkout process to complete a purchase or any
other purchase method available by Watch Rapport, the customer understands and agrees
that payment is due in advance. Watch Rapport collects payments in advance before order
processing; whether the order may or may not be fulfilled, Watch Rapport requires
payment in advance to process the order. The customer understands and agrees that pre-
order payments are collected in advance to secure the sale. The customer understands
and agrees that pre-orders may take up to 180 days to deliver, fulfill, or be completed. The
customer understands and agrees that pre-orders are not guaranteed to be fulfilled and
may be canceled at any time for any reason without notice. The customer understands
and agrees that items being offered via pre-orders may not be in stock or ever available to
be shipped due to market availability, sole company discretion, or any other conditions or
unknown variables. The customer understands and agrees that during the pre-order sale,
Watch Rapport will hold and use your payment. Watch Rapport reserves the right to cancel
and refund pre-orders for any reason at any time without notice.
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Pre-order offers - Pre-orders are subject to the section terms above named "Pre-orders".
Pre-orders are also governed by the following terms below:
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• Pre-orders are not guaranteed to ship.
• Pre-orders are not immediately available.
• Pre-orders are not in stock.
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• Pre-orders can be changed upon request. Models are subject to availability.
• Pre-orders and purchases require payment in advance. Watch Rapport will collect,
authorize, and capture funds prior to order processing, shipment, and delivery.
• Pre-orders can take up to 180 days to process, ship, and deliver.• Pre-order delivery dates are estimated. Shipping and delivery dates are not
guaranteed and can change at any time depending on model availability or any
other unknown logistical or fulfillment variables.
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• Watch Rapport does not provide exact delivery dates for pre-orders.
• Pre-orders are not guaranteed to be fulfilled or shipped.
• Pre-orders can be canceled and refunded if not yet shipped.
• Pre-orders can be canceled by Watch Rapport at any time for any reason without
notice.
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• Pre-orders are based on model availability.
• Pre-order pricing is subject to change at any time for any reason without notice.
• Pre-orders are not offers promoted by the original manufacturers or any of its
subsidiaries.
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• Pre-orders can be returned unworn within 30-days from the delivery date unless an
extended return policy has been purchased. Pre-orders must be unworn, with
absolutely no wear and tear, with original stickers still on the box, papers, booklets,
etc., and in the exact condition when received at delivery. All watches are
thoroughly and vigorously inspected and verified prior to refunds. Watch Rapport
reserves the right to deny, delay, or extend any refund processing due to further or
additional inspections needed upon any returns.
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• Pre-orders are subject to a 10% restocking fee if returned.
• Pre-orders are governed by all general terms of use, conditions, and policies.
• Pre-orders do not incur or accumulate any interest payments if canceled or
refunded during the duration that funds are held to process your pre-order.
• Watch Rapport makes no guarantees, promises, or claims on any order fulfillment
regarding Rolex pre-orders.
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• Pre-orders are watches that are sourced from vetted vendors and certified
suppliers.
• Pre-order waitlist does not constitute, promise, bind, or guarantee the sale of any
watch, model, or pre-order within its entirety or any related promotional offers.
• Watch Rapport "Rolex Pre-Order or Patek Philippe Boutique" is an independent
segment/division of the Watch Rapport company and is in no way affiliated with
Rolex S.A., Rolex USA, Inc., Patek Philippe SA, or any of its subsidiaries.
• Watch Rapport is an independent company not affiliated with Rolex S.A., Rolex
USA, Inc., Patek Philippe SA, or any of its subsidiaries. Watch Rapport is not a
Rolex authorized dealer and is not an official Rolex or Patek Philippe retailer. Watch
Rapport is not an authorized agent of any watch manufacturer. The customer
understands that any Rolex or Patek Philippe pre-order offers promoted by Watch Rapport are not affiliated with Rolex S.A., Rolex USA, Inc., Patek Philippe SA, or any of its subsidiaries.
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Customer Refund Eligibility for Pre-orders - Customers may cancel and request a
refund during the pre-order sale unless tracking or proof of delivery has been provided. If
tracking information or proof of delivery has been rendered to the customer, the customer
can no longer cancel the pre-order. If the pre-order item is already in transit, the customer
understands and agrees that item will need to be received before filing a claim, starting a
return, or requesting a refund. Pre-orders may be returned within thirty days from your
original delivery date unless an extended return policy has been purchased. Pre-order
returns are subject to a 10% restocking fee. The restocking fee will be deducted from the
original purchase payment we received at the time of your order. More Information about
pre-orders can be found here.
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If a refund is processed via bank wire transfer, we may manually or electronically collect
the following information:
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• Beneficiary Name
• Beneficiary Account Number
• Beneficiary Address
• Beneficiary Phone Number
• Bank ABA/Routing Number (Domestic Wires
• Beneficiary IBAN Number
• Bank Swift Code (International Wires)
• Receiving Bank Name
• Receiving Bank Address
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Cancellations and refunds are usually processed within 3-5 business days. Depending on
your financial institution and whether the refund will be initiated domestically or
internationally, it may take up to 15 business days (Not including weekends or bank
holidays) to credit to your account or appear on your statement.
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Please Note: Refunds are usually returned back to the original payment method.
Any fraudulent transaction should be immediately reported to Watch Rapport. Fraudulent
transactions will be canceled, investigated, and reported to the appropriate authorities.
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ACH Terms of Use & Conditions
We offer you the options of making one-time ACH payments. We also offer you the option
of receivings credits (Refunds or transaction reverals). By providing deposit account
information and authorizing any electronic payment using Watch Rapport, LLC. (“Watch
Rapport DBA watchrapport.com,” “we,” “us” and “our”) website, you understand and agree
as follows:
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You authorize Watch Rapport to charge or credit your Bank Account that you provide us on
the Automated Clearing House ("ACH") Payment Authorization Form for the amount on
your order confirmation or agreed upon amount between you and Watch Rapport. You
authorize us to debit for such payment (the “Bank Account''). Your payment will be an
automated clearing house (“ACH”) debit from the Bank account you have identified and
authorized us to debit for such payment. The charge will appear on your monthly account
statement as "Watch Rapport" or “ACH PAYMENT”. You agree that no prior notification will
be provided before each payment.
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The financial institution that holds your Bank Account, as represented by the bank routing
number or debit card number, is authorized, directed and empowered to allow such
electronic funds transfer to occur. This agreement is further subject to the Terms of Service
provisions and Electronic Consent Policy you agreed to on the cart page, or during
checkout, or at the time of account registration. Each ACH payment transaction will appear
on the bank statement for the Bank Account. By authorizing any ACH payment, you also
authorize us to initiate additional ACH credit or debit transactions to correct any erroneous
payment transaction. If you authorize a payment transaction and the information you
provide is erroneous in any way, we have no liability for the error and no obligation to
correct the error. You certify that you are the owner or an authorized signer on the Bank
Account, and that you will not dispute any payment you authorize, provided the payment
corresponds to the terms of your authorization.
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Consent and Agreement for One-Time Payments
Customer understands and agrees that under the federal E-SIGN Act, Watch Rapport can
deliver information and required disclosures electronically and can use electronic records
and electronic signatures in connection with my transactions with Watch Rapport.
Customer authorizes Watch Rapport to charge the Bank Account selected for the
transaction agreed upon during the checkout process. Customer also acknowledges the
following:
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1) Each payment initiated under these ACH Payment Terms and Conditions must comply
with U.S. Law and the Rules and Operating Guidelines of the National Automated Clearing
House Association (NACHA), and customer agrees to be bound by the NACHA Rules and
Operating Guidelines.
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2) Customer understands and agrees that if any payment date falls on a weekend or
holiday, the payment may be initiated on the next business day.
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3) Customer understands that One-Time Payments are electronic transactions, and
payment may be withdrawn from Customers Bank Account immediately on each
processing date.
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4) Customer agrees to provide complete and accurate information about the Bank Account
used and agrees to notify Watch Rapport in writing of any changes the Bank Account
information or payment authorization in advance.
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Important Payments Information and Acknowledgments
Customer understands that payments will be deducted electronically
from the bank account provided via Automatic Clearing House (ACH) payment.
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I understand that payments, ACH withdrawals, and my Watch Rapport account records are updated on
business days. Business days are weekdays (not Saturdays or Sundays) and are not
Federal or bank holidays within the United States.
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Customer understands that ACH Payments are subject to up to a 7-day hold, and
though payments may be reflected in Customers bank account, Customer may be
unable to use available funds until the payment is cleared. Your Liability for Unauthorized Transactions
Federal law limits your liability for any fraudulent, erroneous unauthorized transaction from
your bank account based on how quickly you report it to your financial institution. As
general rule, you should report any fraudulent, erroneous or unauthorized transactions to
your bank within 30 days after the questionable transaction FIRST appeared on your bank
account statement. You should contact your bank for more information about the policies
and procedures that apply to your account and any unauthorized transactions, including
any limits on your liability.
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Transaction Errors
If you believe that any payment transaction initiated by Watch Rapport (or its agent) with
respect to your bank account is erroneous, or if you need more information about any such
transaction, you should contact us as soon as possible at help@watchrapport.com. Notify
us at once if you believe the password associated with your account has been lost or
stolen or if someone has attempted (or may attempt) to make a transfer from your bank
account without your permission. We reserve the right to cancel the ability to pay by bank
account for any reason at any time.
​
We may, at our discretion, change these Terms and Conditions at any time without notice
to you. If any change is found to be invalid, void, or for any reason unenforceable, that
change is severable and does not affect the validity and enforceability of any other
changes or the remainder of these Terms and Conditions. We reserve the right to
subcontract any of our rights or obligations under these Terms and Conditions.
​
Automated Clearing House ("ACH") Payment Authorization Form
Watch Rapport requires all customers using ACH payments to complete an Automated
Clearing House ("ACH") Payment Authorization Form within 72 hours of the original order
date. Failure to complete the authorization form may result in order cancellation without
notice.
​
Wire Transfer Agreement
This Wire Transfer Agreement (“Agreement”) governs the wire transfer (“transfer”)
payments between the customer (“Customer”) and Watch Rapport (“ Watch Rapport”)
doing business as watchrapport.com. This Agreement is governed by the laws of the
United States and the laws of the state that governs agreement for the accounts origin
between the Customer and Watch Rapport. If mandatory provisions of those laws are
amended, this Agreement shall be deemed amended to the extent necessary to comply. If
any part of this Agreement is invalid, illegal, or unenforceable, the remaining provisions
shall remain in effect. Unless otherwise defined, terms used in this Agreement shall have
the meanings provided in the State Uniform Commercial Code, Article 4A.
​
This Agreement supersedes any prior agreements between Watch Rapport and the
Customer on the subject matter hereof and is binding upon the Customer’s heirs,
representatives, and successors. This Agreement is supplemented by all non-conflicting
provisions of Watch Rapport’s agreement with Customer, as amended from time to time.
​
Wire Transfer Recall
For any reason, bank wire transfer recalls are prohibited and will not be granted or
authorized. Initiating a bank wire transfer recall for any reason is a violation of our terms of
use. The customer understands and agrees that Bank recalls are strictly prohibited if
paying for an order via bank wire transfer. The customer agrees not to file any bank wire
transfer recalls for any reason. Refunds will only be processed and initiated accordingly by Watch Rapport.
​
Filing a bank wire transfer recall for "fraud" or any other reason will result in immediate
legal action to the furthest extent by law. If a recall request has been submitted, your
account will be suspended, and your refund will be placed on hold until further notice; the
recall is canceled by you or your financial institution or account resolution at Watch
Rapport's sole discretion. Watch Rapport will not grant or issue refunds during a wire
transfer recall open pending status.
​
The customer understands and agrees that any bank wire transfer recalls submitted
against Watch Rapport for any reason may result in damages against Watch Rapport and
or the ability to operate further and conduct daily business operations. Any damages
incurred by, to, or against Watch Rapport resulting from a bank wire transfer recall will be
the customer's sole responsibility. The customer understands and agrees to assume full
responsibility for any damages incurred by, to, or against Watch Rapport due to any bank
wire transfer recalls, including but not limited to legal expenses, financial and or business
damages, loss of revenue, Irreparable harm, punitive damages, bank account closure,
blocked or suspended bank accounts, ability to manage financial or daily business
operations, etc.
​
The customer understands and agrees that even if advised by the financial institution to
initiate the bank wire transfer recall for any reason, it is still strictly prohibited. The
customer understands and agrees to assume full responsibility for any damages that
Watch Rapport may incur due to the bank wire transfer recall initiated by you or your
financial institution.
​
Filing a bank wire transfer recall for "fraud" to speed up a refund request or to bypass the
standard cancelation or refund process, or company policies is strictly prohibited. In
addition, making false or inaccurate statements to a financial institution about your order being fraudulent may be considered fraud, and we reserve the rights to pursue legal actions and prosecute to the fullest extent by law.
By agreeing to the terms of use before placing your order, you understand and agree that
filing a bank wire transfer recall for any reason is strictly prohibited.
​
If you are a victim of actual fraud and did not authorize an order or payment, it is the sole
responsibility of the customer to contact Watch Rapport and report any unauthorized,
suspicious, or fraudulent activity immediately.
​
1) Customer Liability. The Customer shall indemnify and hold Watch Rapport, its
affiliates, officers, directors, employees and agent harmless from any and all claims,
causes of action, damages, expenses (including attorney’s fees and legal expenses),
liabilities and other losses resulting from acts, omissions, or provision of invalid or
inaccurate data, by the Customer or any other person acting in the Customer’s behalf,
including without limitation: a) a breach of any provision of this Agreement; any failure to
act or delay by any financial institution between Customer and Watch Rapport.
​
2) Watch Rapport Liability. Watch Rapport shall not be liable for acts or omissions by the
Customer or any other person including, without limitation, any funds transfer system, any
Federal Reserve Bank, any beneficiary’s bank, or any beneficiary, none of whom shall be
deemed Watch Rapport’s agent. Without limitation, Watch Rapport shall be excused from
delaying or failing to act if caused by legal constraint, interruption of transmission or
communications facilities, equipment failure, war, emergency conditions, strikes, or other
circumstances beyond Watch Rapport’s commercially reasonable control. In addition,
Watch Rapport shall be excused from delaying or failing to execute a transfer if it would
result in Watch Rapport’s exceeding any limitation on its intra-day net funds position
established through its bank or financial institution, Federal Reserve guidelines or if it
would result in violating any present or future risk control program of the Federal Reserve
or a rule or regulation of other governmental regulatory authorities. In no event shall Watch
Rapport be liable for any consequential, special, punitive, or indirect losses or damages
incurred relating to this Agreement or any transfer, including, without limitation, subsequent
wrongful dishonor resulting from Watch Rapport’s acts or omissions.
​
3) Reconcilement. Duty to Report Unauthorized or Erroneous Payment(s). All transfers
will appear on the Customer’s regular account statement. The customer must exercise
ordinary care to examine each statement for any discrepancy concerning any transfer
(including but not limited to discrepancies in authorization or errors in amount or
beneficiary) and to promptly notify Watch Rapport of such discrepancies. The amount of
time that the Customer has to discover and report such discrepancies will depend on the
circumstances but shall in no event exceed fourteen (14) days from the date Watch
Rapport funds transfer has been received by the beneficiary or from a notice of Watch
Rapport’s acceptance of a transfer request, or from other information made available to
the Customer (including information available via an online application sufficient for the
Customer to detect the discrepancy. If the Customer fails to promptly report the
discrepancy, Watch Rapport shall not be liable, and the Customer shall indemnify and hold
Watch Rapport harmless from any loss of funds or interest with respect to the transfer and
any other loss which could have been avoided had the Customer given such notice.
If the Customer fails to notify Watch Rapport within sixty (60) days after
Watch Rapport provides the credit, notice of acceptance of transfer request, or
other information sufficient to detect the discrepancy, the
Customer is precluded from any claim against Watch Rapport.
​
4) Processing Transfers Requests. Watch Rapport shall process bank wire transfer
requests based solely upon valid information received from the Customer. Watch Rapport
must receive transfer requests before the bank cutoff times or local times with a
reasonable time for Watch Rapport to act thereon, including verifications and security
procedures. Transfer requests received after these times will be treated as being received
and executed on the following funds' transfer business day. Times may vary at Watch
Rapport's discretion. Watch Rapport will comply with the US Treasury's Office of Foreign
Assets Control (OFAC). If any transfer request is to an entity or individual listed on OFAC's
list of Specially Designated Nationals and Blocked Persons, by law, Watch Rapport shall
not complete the transfer and shall "block or hold" the funds until such time OFAC issues a
written release to Watch Rapport. It is the sole responsibility of the Customer to contact
OFAC to obtain a valid written release. The Customer understands and agrees that if a
written release is not provided, Watch Rapport or the original receiving financial institution
reserves the right to hold or block funds until the matter is resolved. Watch Rapport shall
have no liability to the Customer as a result of Watch Rapport's rejection of any transfer
request or internal transfer if it complies with the terms of this Agreement.
​
5) Foreign Currency Conversion. For any funds transfer to a beneficiary in a foreign
country, the Customer consents to conversion of the funds into foreign currency by the
Bank (or Banks’s agents or processors), any correspondent Bank or intermediary Bank,
the beneficiary’s Bank, or any other third party reasonably involved in the completion of the
funds transfer, at conversion rates generally applied by that converting party. Watch
Rapport may in its discretion execute the transfer request in the currency of the country of
the beneficiary’s financial institution at either Banks’s buying rate of exchange for U.S.
dollar transfers or the exchange rate of the beneficiary’s institution. If the transfer is
returned for any reason, Customer agrees to accept the refund in U.S. dollars in the
amount of the foreign money credit, based on the current buying rate on the day of the
refund, less any charges and expenses incurred by Watch Rapport. Foreign transfers may
be subject to delays and changes in foreign currency exchange rates. Fees imposed by
intermediary Banks may be deducted from the amount of Customer’s transfer.
​
6) Errors and Rejections by Watch Rapport. If a transfer request identifies an
intermediary Bank or a beneficiary’s Bank inconsistently by name and identifying number,
execution of the request might be based solely upon the number, even if the number
identifies a Bank different from the named Bank or a person who is not Watch Rapport. If a
transfer request identifies a beneficiary inconsistently by name and account number,
payment might be made by the beneficiary’s Bank based solely upon the account number,
even if the account number identifies a person different from the named beneficiary.
Customer’s obligations shall not be excused in these circumstances. Unless prohibited by
law, Watch Rapport may at its sole discretion reject any transfer request it receives from
the Customer for any or no reason (including but not limited to suspicion that the request
might be unauthorized or in violation of law or the rights of others). Watch Rapport shall
endeavor to notify the Customer of the rejection of the transfer request by telephone,
electronic message, U.S. mail or other commercially reasonable means.
7) Rejection of the Watch Rapport’s Transfer Request. If Watch Rapport receives
notice that a transfer transmitted by the bank has been rejected, Watch Rapport shall
notify the Customer of such rejection, including the reason given for rejection by
telephone, electronic message, U.S. mail, or other commercially reasonable means. Watch
Rapport will have no liability to the Customer or further obligation to execute the rejected
transfer if it complied with this Agreement with respect to the original transfer request.
​
8) Cancellation and Change by Customer. The Customer shall have no right to cancel
or amend any transfer request after receipt by Watch Rapport. Watch Rapport may use
reasonable efforts at its own digression to act on a cancellation or change request as long
as it is received in accordance with Watch Rapport's verification and security procedures.
Any cancellation or change request received and acted upon by Watch Rapport shall be
binding upon the Customer even if such request was not made by the Customer. Watch
Rapport shall have no liability if the cancellation or change is not affected.
​
9) Amendments, Assignment, and Termination of Agreement. Watch Rapport shall be
entitled to amend this Agreement at any time, and such amendment shall become effective
immediately upon sending the Customer notice of the change or on a such later date as
stated in the notice or required by law. If the Customer rejects the amended term, the
Customer must immediately notify Watch Rapport in writing that it is terminating this
Agreement. The Customer may not amend any portion of this Agreement without Watch
Rapport’s prior written consent. The Customer may not assign this Agreement to any other
person or entity without Watch Rapport’s prior written consent. The customer may
terminate this Agreement at any time by delivering written notice to Watch Rapport.
Termination by the Customer shall be effective the second business day following receipt
of written notice, but Watch Rapport may act upon such notice earlier. Termination by
Watch Rapport shall be effective immediately upon written or oral notice sent or given to
Customer. Any termination by either party shall not affect any obligations arising prior to
termination.
​
10) Notices. Any written notice by Watch Rapport to the Customer may be sent
electronically, hand-delivered, sent by U.S. mail, or express carrier to the last known
address in Watch Rapport’s records for any account that the Customer has authorized for
transfers in this Agreement or provided by other commercially reasonable means. Any
written notice to Watch Rapport by the Customer must be hand delivered or sent by U.S.
mail or express carrier at the following address: CENTRAL WIRES OPERATIONS, 3960
Howard Hughes Parkway Suite 500. Las Vegas, Nevada 89169 USA
​
Zelle Payment Terms Agreement
Zelle® Payment Terms and Conditions (hereinafter "Agreement") is a contract between
you and Watch Rapport, LLC. (hereinafter "we", “us” or "our") in connection with the Zelle
and Other Payment Services (as defined below) offered as a payment method at checkout
through our online site or mobile applications (the "Site"). This Agreement applies to your
use of the Zelle and Other Payment Services and the portion of the Site through which the
Zelle and Other Payment Services are offered.
​
The Zelle Payment Service allows for the delivery of payments to Receivers who are also
enrolled in the Zelle Payment Service through a Payment Network designed to deliver
payments on the same day and potentially within minutes, although actual speed will vary.
The Zelle and Other Payment Services are not instantaneous. Payment delivery speed
may vary based upon the fraud, risk and other funds availability policy of each financial
institution and Payment Network availability. We are not responsible for the performance,
speed, or other acts or omissions of the Payment Networks that may be involved in the
transmission of a payment.
​
Fees. Watch Rapport is not liable or responsible for any associates fees applied to the
sender for any reason. The sender is solely and entirely responsible for any costs incurred
while sending any funds to Watch Rapport via Zelle payments.
We will use reasonable efforts to confirm and process payment receipts within 24 hours
during normal business hours. However, we shall incur no liability if we are unable to
complete any transaction because of the existence of any one or more of the following
circumstances:
​
• If, through no fault of ours, the Eligible Transaction Account does not contain
sufficient funds to complete the Payment Instruction or the Payment Instruction
would exceed the credit limit of your overdraft account;
• The Zelle and Other Payment Services are not working properly and you know or
have been advised by your bank about the malfunction before you execute the
Payment Instruction;
• The payment is refused (Payment Cancellation, Stop Payment Requests and
Refused Payments for Other Payment Services) below;
• You have not entered correct information, including but not limited to the correct
Payment Instructions or Eligible Transaction Account information, or the correct
name and address or mobile phone number of the Receiver to whom you are
initiating a Payment Instruction; and/or,• Circumstances beyond our control
(such as, but not limited to, fire, flood, network or
system down time, issues with the financial institution, or interference from an
outside force) prevent the proper execution of the Payment receipt.
​
It is the responsibility of the Sender to ensure the accuracy of any information that they
enter into the Zelle and Other Payment Services (including but not limited to the Payment
Instructions and name, telephone number and/or email address for the Receiver to whom
you are attempting to send a payment), and for informing the senders bank as soon as
possible if they become aware that the information is inaccurate. We bear no responsibility
or liability for damages resulting from incorrect information entered by the Sender.
In the case a Zelle payment needs to be refunded, refunds will be processed only via bank
wire transfer. Refund via bank wire transfer will be provided via email. We will not send
Zelle payments or comply with any Zelle payment requests. Any Zelle or other payment
services request will be denied or immediately rejected.
​
Product Descriptions.
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.
​
Pricing.
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.
​
Discounts, Deals, Vouchers, Referral Code, Promotional/Discount Codes
Watch Rapport offers discounts via phone, email, text (SMS), and other manual or
automated tools.
​
Watch Rapport does not allow discount or coupon code stacking. Stacking also applies to
deals, vouchers, SMS offers, and referral codes. Only one discount or coupon code can be
applied to each unique order at any given time. If you received a discount code via Nibble,
you cannot use any additional discounts or coupon codes toward the same order.
​
Both Bank Wire Transfer discounts and Nibble discounts cannot be applied to the same transaction.
Only one discount or coupon code at a time may be applied to the same
transaction. You must choose one discount or coupon code to apply to your order. You
may use the greater offered discount and apply that discount to your order. Watch Rapport
will not honor more than one discount or coupon code towards the same transaction. More
than one discount or coupon code applied to an order will result in additional discount
removal or immediate order cancellation.
​
Watch Rapport reserves the right to readjust the price at any time for any reason due to
any technical errors or any other unforeseen reasons. Watch Rapport reserves the right to
cancel or void any discount or coupon codes at any time for any reason.
The discount that you receive is personalized to you for one-time use and cannot be
shared or re-generated.
​
Watch Rapport offers discount coupons via text messaging for selected first-time visitors
viewing https://www.watchrapport.com on their mobile device and have consented to give
their telephone number and email address to Watch Rapport for marketing purposes.
Other Businesses.
​
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.
Subject to your compliance with these Terms of Use, Watch Rapport hereby grants to you,
a personal, nonexclusive, nontransferable, revocable, limited license (without the right to
sublicense) to access and use the Services (including updates and upgrades that replace
or supplement it in any respect and which are not distributed with a separate license, and
any documentation) solely on computers and devices that you own or control, and subject
to the limitations set forth below. These Terms of Use are limited to the intellectual property
rights of Watch Rapport and its affiliates and licensors and do not include any rights to
other patents or intellectual property. We reserve any and all rights not expressly granted
to you pursuant to these Terms of Use. The limited rights granted to you to access and use
the Services comprise a limited license and do not constitute the sale of any software
program.
​
Your Account.
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.
​
Account Holds, Restrictions, and suspensions
We may restrict or suspend accounts and transactions to protect our community anytime
without notice. If you’re a seller, your payouts will be placed on hold until your restriction or
suspension is lifted. If your Watch Rapport account is restricted or suspended, we’ll email
you with the steps you need to take to have your account reinstated.
If we've placed a hold, restriction, or suspension on your account, we’ll send you an email
explaining what happened and what you need to do to get your account back.
​
​
Why your account was suspended or restrictedHolds, restrictions, or suspensions are usually placed on accounts for one of the following
reasons:
​
• Violation of our terms of use
• Violation of our terms of service
• Suspicious fraud activity
• Account information verification
• Order verification
• Payment verification
• Identity verification
• KYC verification
• OFAC hit match
​
How to have your account reinstated
Depending on the reason we suspended your account, we'll send you details via email on
steps how to reinstate your account.
​
If your account was restricted or suspended because of outstanding seller costs or a
refund reimbursement, you can make a one-time payment to resolve the issue. When we
receive your payment, your account will be reinstated.
​
What happens while an account is suspended
When your Watch Rapport account is suspended, you won't be able to:
• Negotiate offers
• Buy, sell, or trade
• Leave reviews
• Receive refunds
• Start a return
• Receive credits
• Apply discounts
If you’re a seller, your payouts will be placed on hold until the hold, restriction or
suspension on your account is lifted.
​
Account verification holds
When you start buying or selling on Watch Rapport, we may need to confirm your identity.
We may place a temporary hold on your account until we can verify your details. Once
verification is complete, we’ll email you to let you know that the hold has been lifted so you
can start buying and selling.
​
If your account is on hold, restricted, or suspended, we’ll send an email to your registered
email address explaining why. We’ll also let you know what you need to do before it can be
reinstated.
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.
​
You represent and warrant that: (a) (i) you will not use the Site for any unauthorized
purpose including collecting user names and/or email addresses of other users by
electronic or other means for the purpose of sending unsolicited email or other electronic
communications; (ii) you will not access the Site through the use of scripts, bots or other
automated means; (iii) you will not access the Site through any means other than through
the interface that we provide to you or engage in unauthorized framing of, or linking to, the
Site unless otherwise specifically authorized by us in a separate written agreement; (iv)
you will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an
undue burden on the Site or the networks or services connected to the Site, including,
without limitation, hacking into the Site; (v) you will not impersonate any other person or
entity, provide false or misleading identification or address information, or invade the
privacy, or violate the personal or proprietary right, of any person or entity; (vi) you agree
that you will not use the Services if you are not fully able and legally competent to agree to
these Terms of Use, (vii) you will provide Watch Rapport with whatever proof of identity we
may reasonably request, (viii) you will only use the Services for lawful purposes, (ix) you
will not use the Services for sending or storing any unlawful material or for fraudulent
purposes or to engage in any illegal, offensive, indecent or objectionable conduct, (x) you
will not use the Services to advertise, solicit or transmit commercial advertisements,
including “spam”, (xi) you will not use the Services to cause nuisance, annoyance or
inconvenience, (xii) you will not impair the proper operation of the network, (xiii) you will
not try to harm the Services in any way whatsoever, (xiv) you will not copy, or distribute the
Services or other content without written permission from Watch Rapport, (xv) you will only
use the Services for your own use and will not resell it to a third party, (xvi) you will not
circumvent, disable or otherwise interfere with security related features of the Site or
features that prevent or restrict use or copying of any intellectual property or enforce
limitations on use of the Site or the materials on the Site; and (xvii) you will not cause to
appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements
or anything else that minimizes, covers or inhibits the full display 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 orscrape 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 inthis 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.
​
Intellectual Property.
The Services and their content, including their “look and feel” (e.g., text, graphics, images,
logos), proprietary content, information and other materials, are protected under
intellectual property, copyright, trademark and other laws. You acknowledge and agree that
Watch Rapport and/or its licensors own all right, title and interest in and to the Services
(including without limitation any and all patent, copyright, trade secret, trademark, show-
how, know-how and any and all other intellectual property rights therein or related thereto)
and you agree not to take any action(s) inconsistent with such ownership interests. You do
not acquire any rights or licenses under any of Watch Rapport’s (or its licensors’) patents,
patent applications, copyrights, trade secrets, trademarks or other intellectual property
rights on account of these Terms of Use. You acknowledge and agree that the features
and functionality of the Services, and all software, content, data, information and materials
contained therein are the confidential and proprietary information of Watch Rapport (or its
licensors), and accordingly you agree to (a) maintain the confidentiality of such information
using reasonable efforts and care (but in no event less than the same efforts and care you
use to protect your own confidential and proprietary information) and not disclose such
information to any third party without the prior written consent of Watch Rapport and (b)
only use such information for the purposes of using the Services provided by Watch
Rapport hereunder.
​
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 mishap 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
As a condition of your use of the Services, you hereby grant to Watch Rapport a
nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable
license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt
and create derivative work from any content that you upload, publish, submit or transmit to
be made available through the Services (“Your Content”). By submitting Your Content
through the Services, you represent and warrant (a) that you own or otherwise control all
of the rights to Your Content, including without limitation, all copyrights, (b) that Your
Content is accurate, and (c) that use of Your Content does not violate these Terms of Use
or the Privacy Policy and will not cause injury to any person or entity. We take no
responsibility and assume no liability for any content or materials submitted or posted
through the Services by you or any third party.
​
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.
​
Electronic Signature.
FOR PURPOSES OF THE TRANSACTION, YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, RECEIPT OF NOTICES BY E-MAIL OR OTHER
ELECTRONIC MEANS, USE OF ELECTRONIC CONTRACTS, AND TO ACCEPT THESE
TERMS OF USE BY ELECTRONIC MEANS.
​
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.
​
IN ALL EVENTS THROUGHOUT THESE TERMS OF USE, YOU AGREE THAT THE
LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS FOR LOST,
DAMAGED, OR DESTROYED MERCHANDISE THAT YOU SENT TO US SHALL NOT
EXCEED THE LESSER OF OUR OFFER TO YOU OR $1,000.00 PER TRANSACTION.
NOTWITHSTANDING THE FOREGOING, IF THE MERCHANDISE WE RECEIVE FROM
YOU (I) IS MATERIALLY DIFFERENT FROM THE DESCRIPTION OF THE
MERCHANDISE YOU PROVIDED TO US, (II) HAS AN ALTERED OR MUTILATED
SERIAL NUMBER, OR (III) IS A COUNTERFEIT OR A REPLICA COPY, THEN THE
LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS FOR LOST,
DAMAGED, OR DESTROYED MERCHANDISE THAT YOU SENT TO US SHALL NOT
EXCEED $100.00 WITH RESPECT TO SUCH MERCHANDISE.
​
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.
​
Not limiting the pervious sentence, you agree that the above limitations of liability together
with the other provisions in these Terms of Use that limit liability are essential terms of
these Terms of Use and that Watch Rapport would not be willing to grant you the rights set
forth in these Terms of Use but for your agreement to the above limitations of liability. You
are agreeing to these limitations of liability to induce Watch Rapport to grant you the rights
set forth in these Terms of Use.
Indemnification
You agree to indemnify, defend, and hold harmless Watch Rapport, its officers, directors,
managers, members, employees, attorneys, agents, affiliates, licensors and suppliers
(collectively the “Indemnified Parties”) from and against any and all claims, costs,
damages, losses, expenses, fines, and penalties, including, but not limited to, reasonable
attorneys’ fees, incurred by any of the Indemnified Parties resulting from or arising out of or
in connection with any breach or violation of these Terms of Use by you or anyone acting
on your behalf, or your violation of any rights of a third party, or any unauthorized use of
the Services, or your negligence or willful misconduct or as a result of any false or
materially misleading information provided by you to Watch Rapport (including, without
limitation your representations and warranties to Watch Rapport regarding ownership of
the Merchandise and your authority to sell the Merchandise to Watch Rapport).
​
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.2. Arbitration Agreement.
After the informal dispute resolution process, any remaining
dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the
Services and/or Watch Rapport’s Merchandise, including the Services, or relating in any
way to the communications between you and Watch Rapport or any other user of the
Services, will be finally resolved by binding arbitration. This mandatory arbitration
agreement applies equally to you and Watch Rapport. However, this arbitration agreement
does not (a) govern any Claim by Watch Rapport for infringement of its intellectual
property or access to the Services that is unauthorized or exceeds authorization granted in
these Terms of Use or (b) bar you from making use of applicable small claims court
procedures in appropriate cases.
​
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration.
Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award
is limited. Except to the extent the parties agree otherwise, arbitrators can award the same
damages and relief that a court can award. However, you agree that the Arbitrator shall not
have the right to award consequential, punitive, speculative, indirect, incidental, special, or
exemplary damages. You agree that the U.S. Federal Arbitration Act governs the
interpretation and enforcement of this provision, and that you and Watch Rapport are each
waiving the right to a trial by jury or to participate in a Class Action. You expressly agree
that any such Arbitrator has personal jurisdiction over you. You waive all defenses of lack
of personal jurisdiction and forum non-convenience. You agree to abide by all decisions
and awards rendered in such Arbitration proceedings, and that such decisions and awards
rendered by the Arbitrator shall be final and conclusive. This arbitration provision will
survive any termination of these Terms of Use.
​
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 3960 Howard Hughes Parkway Suite 500. Las Vegas, Nevada 89169 USA. 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.
​
The number of arbitrators will be one. You may choose to have the arbitration conducted
by telephone, based on written submissions. The arbitration will be conducted in Lake
Tahoe (Stateline), NV. The arbitration will be conducted in the English language. The AAA
rules and the laws of the state of Nevada, excluding its conflicts of law rules, govern these
Terms of Use and your use of the Services. Judgment on the award rendered by the
arbitrator may be entered in any court having competent jurisdiction thereof.
​
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
resolvedthrough 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 3960 Howard Hughes
Parkway, Suite 500. Las Vegas, Nevada 89169 USA within thirty (30) days of the first of
the date you access or use the Services.
​
General Provisions.
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
appropriate, 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.
​
5. United Nations Convention. You and Watch Rapport agree that the United Nations
Convention on Contracts for the International Sale of Goods will not apply to the
interpretation or construction of these Terms of Use.
​
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.
​
7. Termination. If you breach any of the terms of these Terms of Use, all licenses granted
by Watch Rapport, including permission to use the Services, will terminate automatically.
Additionally, Watch Rapport may suspend, disable, or delete your User Account and the
Services (or any part of the foregoing) with or without notice for any reason. If Watch
Rapport deletes your User Account for any suspected breach of these Terms of Use by
you, you are prohibited from re-registering for the Services under a different name. In the
event of User Account deletion for any reason, Watch Rapport may, but is not obligated to,
delete any of Your Content. Watch Rapport shall not be responsible for the deletion of (or
failure to delete) Your Content. All sections which by their nature should survive the
termination of these Terms of Use shall continue in full force and effect subsequent to and
notwithstanding any termination of this Agreement by Watch Rapport or you. Termination
will not limit any of Watch Rapport’s other rights or remedies at law or in equity.
​
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.
10. Modifications. We may modify these Terms of Use at any time. Modifications become
effective immediately upon your first access to or use of the Services after the “Last
Revised” date at the top of these Terms of Use. If we make changes that are material, we
may use reasonable efforts to attempt to notify you, including by email or placing a
prominent notice on the Website. However, it is your sole responsibility to review the Terms
of Use from time to time to view any such changes. Your continued access or use of the
Services after the modifications have become effective will be deemed your conclusive
acceptance of the modified Terms of Use. If you disagree with the changes to the Terms of
Use, then please do not access or use the Services.
​
11. Independent Contractors. Nothing contained in these Terms of Use will be deemed to
constitute either party as the agent or representative of the other party or both parties as
joint venturers or partners for any purpose.
​
12. Taxes. You are solely responsible for any and all duties, taxes, levies, or fees
(including any sales, use, or withholding taxes) imposed on or in connection with these
Terms of Use by any authority.
​
13. Headings and Captions. Headings and captions are inserted for reference and
convenience only and in no way define, limit, or describe the scope of these Terms of Use
or the intent of any provision.
​
14. Injunctive Relief. You agree that a breach of these Terms of Use will cause irreparable
injury to Watch Rapport for which monetary damages would not be an adequate remedy,
and Watch Rapport shall be entitled to equitable relief in addition to any remedies it may
have hereunder or at law without a bond, other security or proof of damages.
​
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.
​
16. Assignment. You may not assign or transfer these Terms of Use, in whole or in part,
without Watch Rapport’s express prior written consent. Any attempt to assign these Terms
of Use without such consent will be void. Subject to the foregoing, these Terms of Use will
bind and benefit the parties and their respective accessors and assigns.
​
17. Ambiguities. Any ambiguities in the interpretation of these Terms of Use shall not be
construed against the drafting party.
​
18. Entire Agreement. These Terms of Use set forth the entire understanding of the parties
with respect to the matters contained herein, and there are no promises, covenants, or
undertakings other than those expressly set forth herein.
​
19. Contact Us. You may contact us regarding the Services or these Terms of Use at 3960
Howard Hughes Parkway, Suite 500—Las Vegas, Nevada 89169, USA, or by email at
​
20. Copyright Notice. All Site design, graphics, text selections, arrangement, and all
software are Copyright © 2020 Watch Rapport, LLC. ALL RIGHTS RESERVED.
​
21. Right to Refuse Service. Watch Rapport reserves the right to refuse sale or service to
anyone at any time for any reason or without reason. Company has the right (though not
the obligation) to, in its sole discretion, determine whether or not any content, materials, or
information posted or transmitted by you using the Site or Customer Account, and the like,
is appropriate and complies with the terms and conditions of this Agreement and to refuse
or remove any such content, materials or information that, in its reasonable opinion,
violates any of terms or conditions of this Agreement, or is any way deemed harmful,
inappropriate or objectionable. The company further reserves the right to make edits,
revisions, or changes to the manner of any content, materials, or information posted,
transmitted, or displayed on the Site or Customer Account and the like at any time for any
reason without notice.
​
Watch Rapport makes no claims or representations to any products or listing ownership.
Products being offered may contain stock images, 3rd party content from vendors sellers,
etc. open-source details, and content from other online resources, etc. Representations of
inventory listed or offered on Watch Rapport are potential inventory that may be available
on the market or available by our preferred vendor network or private sellers. We do not
make any claims that products are in stock, on hand, or immediately available to be
shipped or delivered unless confirmed otherwise by an authorized Watch Rapport
representative. We do not guarantee any products for sale, the ownership of the products
listed, or listing content until we have physically secured and inspected the goods. We
cannot promise or guarantee the accuracy of any listing.