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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.

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.

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.

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.

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.

The following terms and conditions govern any Transaction relating to the purchase or

attempted purchase, of Merchandise by Watch Rapport.

Ownership of Merchandise.

If you are attempting to sell Merchandise, you hereby represent and warrant to Watch

Rapport that (i) you are at least eighteen (18) years of age; (ii) you have good and

marketable title to the Merchandise; (iii) you have full authority to sell, transfer, and convey

the Merchandise; (iv) you are the legal and equitable owner of any and all Merchandise

offered to be sold to Watch Rapport; (v) you are acting on your own behalf, and not as

another’s agent or representative; (vi) the Merchandise is sold free of all liens,

encumbrances, liabilities, and adverse claims of every nature and description whatsoever;

(vii) you will NOT send in materials containing the following: arsenic, beryllium, bismuth,

cadmium, mercury, nickel, lead, antimony, selenium, tin, tellurium or any other harmful,

toxic, or poisonous elements; (viii) the Merchandise is not from, or the result of, illegal

activity, including theft or fraud; (ix) any transaction initiated by you will not cause Watch

Rapport to be in violation of any anti-money laundering, anti-terrorism, or other applicable

state or federal law of the United States of America any state or any foreign country; and

(x) Watch Rapport reserves the right and you hereby agree to provide additional

documentation and/or information concerning yourself and/or any Merchandise, including

all documentation or information necessary for Watch Rapport to comply with local, state

and federal law (which includes Watch Rapport reporting all Merchandise received to the

proper authorities as required by applicable law.)

Describing Your Merchandise.

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.

Inbound Shipping; Costs; Loss or Damage Guarantee.

If Watch Rapport desires to receive your Merchandise for further inspection we may

provide you with a shipping label; however, Watch Rapport is not obligated to provide you

with a shipping label. If you send us the Merchandise using the shipping label we provide,

we will purchase insurance to cover your Merchandise in the event it is lost damaged for

the cash value of your quote, once it is processed by the national courier selected by us to

ship your Merchandise (the “Shipper”).

Once your watch is received, it will remain insured for the value of your cash quote. In the

event that your package is lost we will require that you provide proof of shipping receipt,

provide receipt of proof that goods are lost, and file a claim within 30 days of loss. In the

event your package is damaged we will require that you: provide proof of shipping receipt,

provide receipt of proof that goods are damaged, demonstrate that the package was not

damaged prior to shipping, and file a claim within 30 days of loss.

If you believe that you need additional coverage, then it is your responsibility to contact us

so that we can provide such additional coverage at our expense before sending us your

Merchandise. You can contact us by telephone at (800) 571- 7765 to arrange for additional

coverage or for shipping instructions. For Merchandise shipped from a jurisdiction outside

the U.S. or in territories of the U.S. that require importing to the U.S., you will responsible

for all costs associated with the safe shipping of your Merchandise. However, if we agree

in writing to pay for your shipping, a shipping label will be provided, and we will pay for the

costs of such shipment, including duties, VAT, etc.

You are responsible for abiding by all relevant export and import laws and restrictions. If

Watch Rapport receives your Merchandise, makes you an offer to purchase such

Merchandise, and you decline such offer, regardless who paid to have it shipped to Watch

Rapport, it will be your responsibility to arrange for and pay for the necessary shipping to

return your Merchandise. Notwithstanding the foregoing, you shall bear the risk of loss with

respect to all Merchandise until such Merchandise is actually received by Watch Rapport.

Receipt of Merchandise.

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.

Determining Watch Rapport’s Offer.

We will determine our estimate of the value of your Merchandise using factors that we

deem to be appropriate. In order to value your Merchandise, we may need to open the

watch and remove gemstones and other items from the watch. You hereby authorize us to

open the watch, remove gemstones and other items from the watch, and take such other

actions as we deem reasonably necessary to accurately value your Merchandise,

including without limitation sending your Merchandise, at no cost to you, to a potential

third-party purchaser. You hereby further authorize us to perform our standard preparation

service (which may consist of cleaning, basic repairs (as we deem appropriate), accuracy

calibration, lubrication and pressure testing), and to photograph your Merchandise. Upon

processing your Merchandise, we will notify you by electronic means (an “Offer Notice”) of

our offer of payment for your Merchandise (“Offer”).

Accepting or Rejecting Watch Rapport’s Final Offer.

You may accept the Offer via the electronic communication method that you are currently

using to communicate with Watch Rapport within seventy-two (72) hours of the date of the

Offer Notice. Watch Rapport may, in its sole discretion, extend the time for acceptance of

an Offer. In order to reject the Offer, you must do so via the seller portal. If you reject the

Offer, and do not authorize us to hold your Merchandise for a longer period in order to

make you another offer, we will ship your Merchandise to you at the address indicated in

our records within fifteen (15) business days at no cost to you, and will insure your

Merchandise for the full value of the Offer.

Payment for Your Merchandise.

We will issue payment for the Merchandise in the amount stated in the Offer, less any fees

owed to Watch Rapport as stated in the Offer (the “Purchase Price”), via the method of

payment you selected in your electronic communication with Watch Rapport at the address

you provided on or before seven (7) business days of your acceptance of the Offer.

ALL SALES ARE FINAL! 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.

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.

TERMS APPLICABLE TO THE SALE OF MERCHANDISE.

The following terms and conditions govern any Transaction relating to the sale, or

attempted sale, of Merchandise by Watch Rapport.

How We Operate.

Our goal is to sell you a gently used luxury watch of your choice, first rate quality for a

competitive price. What makes Watch Rapport the premier company to buy from is due to

our individualized and specialized care we provide to our discerning buyers. We make

available to you our Site, which is designed to provide information as to the many different

styles, sizes, colors, metals, stones, etc., of any watch you may desire. With that being

said, Watch Rapport does not want to represent that all the Merchandise that a buyer sees

on the Site is in inventory and ready for purchase.

Once you make your choice and place your order, we start the process of finding exactly

the watch of your wishes. Thus, unfortunately, we cannot make any guarantees or

promises on the exact delivery date or transaction fulfillment. We may be able to obtain

your dream watch from one of our many sellers within a day or two. However, it may take

longer depending on the uniqueness of your order. Of course, Watch Rapport will work

diligently and expeditiously to locate the Merchandise and get it to you. If you feel we are

not working within your expected timeframe, your order is always backed by our 100%

money-back-guarantee. Should you request a refund, no problem, but no refund shall ever

accrue any interest no matter how long Watch Rapport has been holding on to the money

you paid.

Watch Rapport will use its best efforts to keep you informed of our progress. But

reoccurring communication is not mandatory and it is the sole responsibility of you to

contact us if you want an order update or any information relating to the transaction.

Risk of Loss; International Shipments.

All Merchandise sold by Watch Rapport is sold pursuant to a shipment contract. This

means that the risk of loss and title for such items pass to you upon our delivery to the

carrier. For Merchandise shipped to a jurisdiction outside the U.S. or in territories of the

U.S., you, as the purchaser, are required to pay customs charges, as well as any

associated import tax, VAT, or duties. Watch Rapport is unable to provide specific customs

charges for each purchase as policies vary greatly by country. You are encouraged to

contact your local customs office for pricing estimates. Watch Rapport will include a copy

of the invoice for the Merchandise with every purchase, and each country will determine

applicable fees based upon such invoice. Watch Rapport will not label an item as a gift or

declare a lesser value on the invoice than the purchase price paid. Watch Rapport will

issue a refund of the purchase price actually received by Watch Rapport, minus all

shipping and customs charges incurred as well as a restocking fee in such amount as

reasonably determined by Watch Rapport, for any Merchandise returned to Watch Rapport

by customs officials due to you, as the purchaser, refusing such Merchandise at customs.

Payments, Checkout, Pre-orders, Returns, Refunds and Title.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

• Pre-orders are not guaranteed to ship.

• Pre-orders are not immediately available.

• Pre-orders are not in stock.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

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.

If a refund is processed via bank wire transfer, we may manually or electronically collect

the following information:

• 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

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.

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.

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:

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.

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.

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:

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.

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.

3) Customer understands that One-Time Payments are electronic transactions, and

payment may be withdrawn from Customers Bank Account immediately on each

processing date.

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.

Important Payments Information and Acknowledgments

Customer understands that payments will be deducted electronically

from the bank account provided via Automatic Clearing House (ACH) payment.

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.

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.

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

help@watchrapport.com.

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.

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