WatchCheck Terms of Service

Welcome, and thank you for your interest in CollectibleCheck, Inc. d/b/a WatchCheck (“WatchCheck,” “we,” or “us”) and our websites, hosted applications, mobile or other downloadable applications, and other products or services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and WatchCheck regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE (INCLUDING BY SUBMITTING USER TIMEPIECE INFORMATION), YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING WATCHCHECK’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND WATCHCHECK’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY WATCHCHECK AND BY YOU TO BE BOUND BY THESE TERMS. 

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 16 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND WATCHCHECK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

NOTICE OF RELEASE OF CLAIMS. BY ACCEPTING THESE TERMS, YOU AGREE TO THE RELEASE SET FORTH IN SECTION 17 (RELEASE OF CLAIMS).

1. WatchCheck Service Overview; No Affiliation.

1. WatchCheck Service Overview. 

1. For the purposes of these Terms:

1. “User Timepiece” means your watch or time keeping device to be repaired by WatchCheck.

2. “White Label Partner” means any licensee, customer, or other business relationship of WatchCheck whose branding or trademark elements are displayed on any portion of the Service in connection with the Repair Services.

2. WatchCheck offers luxury timepiece repair services as explicitly set forth on the “Service Offerings” portion of the Service (the “Repair Services”). The Repair Services do not include (in each case, as determined by WatchCheck in its sole discretion): (i) any services identified as “excluded” on the “Service Offerings” portion of the Service; (ii) any services not explicitly set forth on the [“Service Offerings” the Service; (iii) services that, while expressly set forth on the “Service Offerings” portion of the Service, are not performed by WatchCheck with respect to a particular User Timepiece (iv) services relating to design flaws in the User Timepiece; or (v) services pertaining to restoring or returning a User Timepiece to “like-new”, “better than new” or factory specifications (together, the “Excluded Services”). WITHOUT LIMITING THE FOREGOING OR ANY OTHER TERMS SET FORTH IN THESE TERMS AND FOR CLARITY, WATCHCHECK HAS NO OBLIGATION TO PROVIDE OR PERFORM ANY OF THE EXCLUDED SERVICES AND WILL HAVE NO LIABILITY TO YOU ARISING OUT OR OF RELATING TO THE EXCLUDED SERVICES.

2. No Affiliation. Although the Repair Services may be performed on time keeping devices sold under third party brands, we do not offer the Repair Services on behalf of any such third party brand, including Rolex.

2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

3. User Timepiece Information and Customer Responsibilities.

1. User Timepiece Information and Estimates.

1. User Timepiece Information.

1. To be eligible for Repair Services, you must submit certain information to us on the Service about your User Timepiece (such as, by way of example only, the make, model, materials, and estimated age of your User Timepiece, complications with your User Timepiece, bracelet presence, overall condition of your User Timepiece, and overall functionality of your User Timepiece (e.g., functioning or non-functioning) (collectively, “User Timepiece Information”) and certain information about yourself (such as, by way of example only, your name, email address, or other contact information). You must submit User Timepiece Information for each User Timepiece for which you seek Repair Services.

2. You must also submit to us photographs of the actual User Timepiece to be submitted for Repair Services as well as photographs of any additional items or materials that you will be shipping with your User Timepiece (collectively, the “User Timepiece Photographs”). For clarity, User Timepiece Information includes User Timepiece Photographs. All items displayed or depicted in User Timepiece Photographs must be placed on a flat surface to ensure that all items are visible and accounted for.

3. If WatchCheck determines at any time, in its sole discretion, that User Timepiece Photographs are not accurate or of high-quality, that you are not the owner of the User Timepiece for which you seek Repair Services, or that any information in the User Timepiece Information is not completely accurate in all respects, then WatchCheck may, in its sole discretion, reject your request for Repair Services. In each such case when WatchCheck rejects a request for Repair Services, WatchCheck will have no obligations or liability to you whatsoever arising in connection with the User Timepiece that pertains to the rejected request for Repair Services; provided, however, that if WatchCheck is already in actual physical possession of your User Timepiece that pertains to a rejected request for Repair Services, WatchCheck’s sole obligation to you is to return your User Timepiece to you, without any obligation to perform any Repair Services on such item, in accordance with Section 4 (Shipping and Handling; Risk of Loss).

4. You agree that the information you provide to us, including all User Timepiece Information, is accurate, complete, and not misleading in any way, and that you will keep it accurate and up to date at all times.

2. Virtual Estimates. After you have submitted your User Timepiece Information to us, WatchCheck will send you an initial estimate with respect to the User Timepiece based on the User Timepiece Information you provided to us for that User Timepiece (“Virtual Estimate”). Virtual Estimates are not binding on WatchCheck in any way and are for preliminary informational purposes only. After receiving a Virtual Estimate, you must pay to WatchCheck an initial deposit in an amount that we will communicate to you to move forward with a Full Estimate (as defined below) (the “Initial Deposit”). All Initial Deposits are non-refundable except as set forth in Section 3.2(b) (Refunds).

3. Full Estimates. Upon our physical receipt of your User Timepiece, we will inspect your User Timepiece and will provide you with the estimated cost for the recommended Repair Services for that User Timepiece (the “Full Estimate”). You must accept or reject the Full Estimate within ninety (90) days of the date of such Full Estimate. Upon your acceptance of the Full Estimate through the process that we require on or through the Service (e.g., such as clicking an “I accept” button), you will have made a legally binding agreement with WatchCheck to proceed with the Repair Services with respect to the applicable User Timepiece that is governed entirely by these Terms and the Full Estimate, and you must pay all amounts due to us through any method we specify (e.g., a credit card). Payments for Full Estimates are non-refundable except as set forth in Section 3.2(b) (Refunds).

4. Changes to Full Estimates. Full Estimates are subject to change by WatchCheck after you have accepted the Full Estimate as described above if WatchCheck, in its sole discretion, uncovers new facts or information that would render the agreed upon Full Estimate inaccurate, including in connection with (i) unforeseen complexity of repairs, (ii) availability of parts to be ordered, or (iii) WatchCheck discovers that your User Timepiece Information is not completely accurate in all respects and where WatchCheck, in its sole discretion, chooses not to reject the inaccurate User Timepiece Information. In all such cases, WatchCheck will communicate an updated final estimate to you (the “Final Estimate”), which must be accepted by you as described above to become binding, and after such time that will be the applicable “Final Estimate” for the applicable User Timepiece.

5. Factory Service. If a User Timepiece is deemed irreparable by WatchCheck, WatchCheck may, but is not obligated to, assist you with having your User Timepiece repaired by the applicable watch factory (a “Factory Service”). WatchCheck makes no guarantees or warranties regarding the quality, timeline, or any other aspect of Factory Services coordinated by WatchCheck. For the avoidance of doubt, the Limited Warranty in Section 14.1 (Limited Warranty) does not apply to any Factory Service. WITHOUT LIMITING ANY OTHER TERMS SET FORTH IN THESE TERMS, WATCHCHECK WILL HAVE NO LIABILITY TO YOU WHATSOEVER ARISING OUT OF OR RELATING TO ANY FACTORY SERVICE AND YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISKS ARISING OUT OF OR RELATING TO FACTORY SERVICE.

2. Payment Terms.

1. General Payment Terms. Before you pay any amounts owed to us, you will have an opportunity to review and accept the amounts that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law. With respect to any refunded amounts that we may provide you as expressly set forth in these Terms, the refunded amount may be reduced by any costs we incur in connection receiving payments from you or making payments to you (such as costs imposed by any payment processor).

2. Refunds. We will refund you:

1. any amounts you have already paid us for the Repair Services for a User Timepiece (as determined by our records) in the event that such User Timepiece is deemed irreparable by WatchCheck (in its sole discretion);

2. any amounts you have paid to us for Repair Services for a User Timepiece prior to us completing the Repair Services for that User Timepiece (as determined by our records) if we terminate your right to have such Repair Services performed or completed, we modify such Repair Services, discontinue the availability of such Repair Services or suspend your access to such Repair Services, in each case in this clause other than arising out of your breach of these Terms;

3. the amounts as set forth in Sections 4.4(b)(3) and 4.4(b)(4) (Damage or Loss During Shipping); and

4. As set forth in Section 14 (Limited Warranty; Disclaimers).    

3. Authorization. You authorize WatchCheck to charge all payments for amounts that you owe to us, including all applicable taxes, to the payment method specified by WatchCheck. If you pay any fees with a credit card, then WatchCheck may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

4. Prices. WatchCheck reserves the right to determine pricing for the Repair Services in its sole discretion. WatchCheck will make reasonable efforts to keep our general pricing information published on the Service up to date; however, the prices published on the Service are general estimates only and are based on certain assumptions that we make (such as, by way of example only, that a User Timepiece: (a) is free from water damage; (b) does not require any major non-wear parts; (c) is in serviceable condition (e.g., the case has not been warped or bent); and (d) is unmodified). No pricing from WatchCheck is final or binding unless and until it is set forth in a Final Estimate that you accept as described above subject to WatchCheck’s right to modify the pricing for Final Estimates as set forth in Section 3.1(d) (Changes to Full Estimates). We encourage you to check our pricing page periodically for current pricing information. WatchCheck, at its sole discretion, may make promotional offers with different features and different pricing to any of WatchCheck’s customers. These promotional offers, unless made to you, will not apply to you or these Terms.

3. Insurance and User Timepiece Valuation.

1. WatchCheck will carry insurance related to the provision of the Repair Services. This insurance may cover claims for damage to or loss of your User Timepiece in connection with the Repair Services during the period of time when WatchCheck is liable for the same as set forth in Section 4.4 (Risk of Loss) or with respect to any warranty claims arising under Section 14 (Limited Warranty; Disclaimers). The amount that you may receive from any insurance claim will depend on various factors, including the value of the applicable User Timepiece. WatchCheck does not guarantee any amounts will be payable to you arising from our insurance coverage.

2. You may be required to indicate whether the value of your User Timepiece exceeds certain value thresholds (and to provide us with certain information in that connection), and we may communicate to you on or through the Service the maximum amount that is payable with respect to any User Timepiece in the event of an insurance claim.

3. In the event of an issue pertaining to your User Timepiece for which an insurance claim is made by WatchCheck, WatchCheck reserves the right to require you to submit information and materials to WatchCheck (including, by way of example only, supporting documentation and materials to prove any damages to your User Timepiece and to prove your ownership of the User Timepiece) prior to WatchCheck releasing any insurance payout, if any, and you agree that you will provide all such information and materials to WatchCheck promptly following request by WatchCheck. Proof of ownership may include: (i) receipts and other purchase documents; (ii) warranty cards; (iii) insurance policies; (iv) photographs of you wearing the User Timepiece; and (v) your government photo identification. WatchCheck, in its sole discretion, decides what qualifies as proof of ownership for User Timepieces.

4. In the event of an issue pertaining to your User Timepiece for which an insurance claim is made by WatchCheck, WatchCheck will, in its sole discretion, determine the value of User Timepieces using market data, transactional data, the information and materials you provide about the value of your User Timepiece and expert opinions. If WatchCheck determines, in its sole discretion, the data in the preceding sentence is not sufficient to establish the value of your User Timepiece, WatchCheck will determine the value for the User Timepiece in its sole discretion.

4. Timelines for Repair Services. All timelines provided for Repair Services are estimates only and are subject to variability depending on various factors (such as, by way of example only, parts availability, volume of repairs to be performed, unique circumstances affecting the User Timepiece, and shipping times).  

4. Shipping and Handling; Risk of Loss.

1. General Requirements. You must ship all User Timepieces to the ultimate delivery location that we specify in a WatchCheck-provided shipping kit (“WatchCheck Shipping Kit”). Once you have submitted your Initial Deposit, you will receive a WatchCheck Shipping Kit at the address you provided to us through the Service. You must ship all User Timepieces using WatchCheck-provided labels and in accordance with the instructions provided by WatchCheck (including any in the WatchCheck Shipping Kit) and must not make any markings on the WatchCheck Shipping Kit except as expressly communicated to you in the instructions and you must not add to or modify the WatchCheck Shipping Kit in any way. You may only ship one User Timepiece in each WatchCheck Shipping Kit and the User Timepiece must exactly match the User Timepiece Information submitted through the Service. You may not ship a User Timepiece from outside of the 50 United States and the District of Columbia (the “United States”). If you indicate to us through the functionality available on the Service that your User Timepiece is valued at over thirty-five thousand dollars ($35,000.00) or any other threshold amount we communicate to you, you may not ship that User Timepiece to WatchCheck on a Friday, Saturday, Sunday, or the day before a federal holiday in the United States.

2. Carrier. 

1. Standard. You may only ship User Timepieces by FedEx Express through: (i) a FedEx Office Print and Ship Center; (ii) a FedEx Authorized Ship Center; or (iii) a FedEx authorized home pick-up.

2. Courier. For User Timepieces valued at over one-hundred and fifty thousand dollars ($150,000.00) but under one million dollars ($1,000,000.00) or at any other applicable value range that we communicate to you, you may contact us through the Service to request an armored courier. We make no guarantee about the availability of any such service, and we can accept or reject any such request for any or no reason. Any and all terms and conditions regarding the use of this service run directly between you and the courier and we are not a party to those terms or conditions. We are not liable to you for any acts or omissions of any such armored courier under any circumstances, any dispute between you and any such armored courier is solely between you and any such armored courier and we make no representations, warranties or commitments with respect to any such armored courier.

3. Return Shipping. With respect to any User Timepiece that we ship back to you, you or someone acting on your behalf who is older than twenty-one (21) years of age must sign for the shipped User Timepiece upon delivery by FedEx.

4. Risk of Loss.

1. Generally. With respect to the User Timepieces that you ship to us, you remain responsible for any damage to or loss of your User Timepiece package until your WatchCheck Shipping Kit is physically delivered to, or picked up by, FedEx as required under Section 4.2 (Carrier) and scanned into the FedEx system (as evidenced by WatchCheck’s records), at which time we will be responsible for any loss or damage to your User Timepiece prior to delivery of the User Timepiece back to you in accordance with Section 4.3 (Return Shipping) but except as set forth in Section 4.4(c) (Exceptions).

1. If you ship your User Timepiece using a FedEx Office Print and Ship Center or a FedEx Authorized Ship Center, you must: (i) hand the WatchCheck Shipping Kit directly to FedEx personnel and (ii) obtain a receipt from FedEx when shipping your User Timepiece that documents when the User Timepiece was so physically delivered to FedEx as required under Section 4.2 (Carrier) and scanned into the FedEx system, and you must share the same with WatchCheck upon request.

2. If you schedule a FedEx authorized home pick-up to ship your User Timepiece, you must (i) hand the WatchCheck Shipping Kit directly to FedEx personnel and (ii) obtain reasonable assurance that your User Timepiece was scanned into the FedEx system at the time it was picked up by FedEx personnel (for which we may ask you for proof).

2. Damage or Loss During Shipping.

1. If you believe that your User Timepiece is damaged during shipping and WatchCheck bears the risk of loss for such damage as set forth in Section 4.4(a) (Risk of Loss), you must (i) report such alleged damage to WatchCheck in writing within fourteen (14) days of the delivery of the User Timepiece back to you in accordance with Section 4.3 (Return Shipping) (“Damage Reporting Period”) and (ii) provide information to us that we require from you to substantiate your claim (including, by way of example only, photographs detailing both the damage to the User Timepiece and the damage to the WatchCheck Shipping Kit, including at least five (5) clear photographs of your User Timepiece (front, back, right side, left side, and bracelet/strap)).

2. WatchCheck may reject your claim, in its sole discretion, if you provide information or materials that is unclear or inconclusive (such as, by way of example only, photographs that are blurry or unclear) or if you do not report to WatchCheck in writing any alleged damage to your User Timepiece within the Damage Reporting Period.

3. In the event that you report any alleged damage to your User Timepiece during the Damage Reporting Period, WatchCheck will determine, in its sole discretion, whether your User Timepiece has been damaged during shipping and WatchCheck bears the risk of loss for such damage as set forth in Section 4.4(a) (Risk of Loss), as follows:

1. In any case where your User Timepiece has been damaged during shipping and WatchCheck bears the risk of loss for such damage as set forth in Section 4.4(a) (Risk of Loss), WatchCheck will repair all such damage that WatchCheck deems, in its sole discretion, as repairable, at no additional cost to you.

2. In any case where your User Timepiece has been damaged during shipping and WatchCheck bears the risk of loss for such damage as set forth in Section 4.4(a) (Risk of Loss), and WatchCheck determines, in its sole discretion, that any such damage to your User Timepiece is irreparable, (a) WatchCheck may ask you to forfeit ownership and possession of the irreparable User Timepiece, (b) WatchCheck will reimburse you for the value of your irreparable User Timepiece, plus the amount you paid to us for the Repair Service (as determined by our records), and (c) WatchCheck in its sole discretion will determine any amount to be reimbursed to you. If you decline to forfeit ownership and possession of the irreparable User Timepiece as set forth in the foregoing clause (a) you acknowledge and agree the amounts reimbursed to you may be reduced by an amount to be determined by WatchCheck in its sole discretion, and if you do choose to forfeit ownership and possession of the User Timepiece to WatchCheck as set forth in the foregoing clause (a) you hereby assign to WatchCheck all rights to the same, and will deliver the User Timepiece back to WatchCheck as instructed by WatchCheck.

3. WatchCheck reserves the right to require you to file a police report for a User Timepiece that is stolen or lost at any point during the shipping process and to do all things necessary or required in that connection.      

4. If you believe that your User Timepiece was lost during shipping and WatchCheck bears the risk of loss for such alleged loss as set forth in Section 4.4(a) (Risk of Loss), you must report such alleged loss to WatchCheck in writing within fourteen (14) days of you becoming aware of the suspected loss (“Loss Reporting Period”). WatchCheck may reject your claim, in its sole discretion, if you provide information or materials that is unclear or inconclusive or if you do not report to WatchCheck in writing the alleged loss of your User Timepiece within the Loss Reporting Period. In the event that you report any loss to your User Timepiece during the Loss Reporting Period, and WatchCheck determines, in its sole discretion, that your User Timepiece was lost during shipping, WatchCheck will refund you for (a) the amounts you paid us for the Repair Services performed on your User Timepiece and (b) the value of your User Timepiece within sixty (60) days of the User Timepiece being confirmed lost (where such value is determined by WatchCheck in its sole discretion).

3. Exceptions. NOTWITHSTANDING THE FOREGOING IN THIS SECTION 4.4 (RISK OF LOSS) AND ANYTHING TO THE CONTRARY IN THESE TERMS, WATCHCHECK WILL HAVE NO LIABILITY TO YOU WITH RESPECT TO (I) ANY LOSS OF OR DAMAGE TO YOUR USER TIMEPIECE ARISING OUT YOUR BREACH OF THIS SECTION 4 (SHIPPING AND HANDLING; RISK OF LOSS) OR WITH RESPECT TO WHICH WATCHCHECK DOES NOT BEAR THE RISK OF LOSS UNDER SECTION 4.4(A) (RISK OF LOSS), (II) ANY ALLEGEDLY DAMAGED OR LOST USER TIME PIECE THAT IS NOT REPORTED TO WATCHCHECK DURING THE DAMAGE REPORTING PERIOD OR LOSS REPORTING PERIOD, AS APPLICABLE, OR (III) YOUR USE THE COURIER REFERENCED IN SECTION 4.2(b) (COURIER) (INCLUDING ANY LOSS OR DAMAGE TO ANY USER TIMEPIECE ARISING FROM THE SAME). FOR EXAMPLE, AND WITHOUT LIMITATION, WATCHCHECK IS NOT RESPONSIBLE OR LIABLE FOR ANY SHIPMENTS OF USER TIMEPIECES MADE THROUGH CARRIERS OTHER THAN FEDEX EXPRESS (INCLUDING FEDEX DROP BOXES AND OTHER LOCATIONS THAT ACCEPT FEDEX PACKAGES), OR FOR ANY ISSUES THAT ARISE WITH ANY USER TIMEPIECE THAT HAS NOT BEEN SIGNED FOR AND RECEIVED AS REQUIRED UNDER SECTION 4.3 (RETURN SHIPPING), AND WATCHCHECK IS NOT RESPONSIBLE OR LIABLE FOR ANY ACTS OR OMISSIONS OF ANY PROVIDER OF THE SHIPPING METHODS AS REFERENCED IN SECTION 4 (SHIPPING AND HANDLING; RISK OF LOSS) AND WILL HAVE NO LIABILITY TO YOU WITH RESPECT TO THE SAME.

5. Licenses

1. Limited License. Subject to your complete and ongoing compliance with these Terms, WatchCheck grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service.

2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

3. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input or suggestions to us (including any regarding existing functionalities, problems with or proposed modifications or improvements to the Service or the Repair Services) (“Feedback”), then you hereby grant WatchCheck an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license, including the right to grant and authorize sublicenses, to exploit the Feedback in any manner and for any purpose, including to improve the Service and the Repair Services and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

6. Ownership; Proprietary Rights. The Service is owned and operated by WatchCheck. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by WatchCheck (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of WatchCheck or its third-party licensors. Except as expressly authorized by WatchCheck, you may not make use of the Materials. There are no implied licenses in these Terms and WatchCheck reserves all rights to the Materials not granted expressly in these Terms.

7. Third-Party Terms

1. Third-Party Services and Linked Websites. WatchCheck may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link to an account on the third-party service, such as X or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize that WatchCheck to transfer that information to the applicable third-party service. Third-party services are not under WatchCheck’s control, and, to the fullest extent permitted by law, WatchCheck is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under WatchCheck’s control, and WatchCheck is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, WatchCheck will have no control over the information that has been shared.

2. Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

8. User Content

1. User Content Generally. Certain features of the Service may permit users to submit, upload, or otherwise transmit (“Submit”) content to the Service, including photos, images, text, and any other works of authorship or other works (including User Timepiece Photographs) (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Submit to the Service, subject to the licenses granted in these Terms.

2. License Grant to WatchCheck. By Submitting User Content to or via the Service, you grant WatchCheck a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, transferable right and license (with the right to grant and authorize sublicenses) to use, host, store, transfer, publicly display, publicly perform, reproduce, modify, create derivative works, distribute and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed for any purposes we deem appropriate; provided, however, that we will not share your User Timepiece Photographs publicly without your written permission.

3. You Must Have Rights to the Content You Submit; User Content Representations and Warranties. You must not Submit User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. WatchCheck disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:

1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize WatchCheck and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 8 (User Content), in the manner contemplated by WatchCheck, the Service, and these Terms; and

2. your User Content, and the Submitting or other use of your User Content as contemplated by these Terms, does not and will not cause WatchCheck to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties.

4. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Submit and will not be in any way responsible or liable for User Content. WatchCheck does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that WatchCheck reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time WatchCheck chooses to monitor the content, then WatchCheck still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content.  

5. License Grant to WatchCheck. By Submitting a user timepiece to WatchCheck, you grant WatchCheck a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, transferable right and license (with the right to grant and authorize sublicenses) to create visual content utilizing your user timepiece while it is in the service process and use, host, store, transfer, publicly display, publicly perform, reproduce, modify, create derivative works, distribute and otherwise exploit this content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed for any purposes we deem appropriate.

9. Communications

1. Text Messaging & Phone Calls. You agree that WatchCheck and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service or the Repair Services. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier.

2. Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.

3. Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

10. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;

2. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

3. access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by WatchCheck;

4. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

5. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

6. perform any fraudulent activity including impersonating any person or entity, or claiming a false affiliation or identity;

7. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or

8. attempt to do any of the acts described in this Section 10 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 10 (Prohibited Conduct).

11. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 11 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

12. Term, Termination, and Modification of the Service

1. Term. These Terms are effective on the first to occur of when: (a) you accept the Terms; or (b) you download, install, access, or use the Service, and these Terms end when terminated as described in Section 12.2 (Termination).

2. Termination. If you violate any provision of these Terms, then your authorization to access the Service (including your right to receive the Repair Services) and these Terms automatically terminate. In addition, WatchCheck may, at its sole discretion, terminate these Terms or your right to receive the Repair Services, or suspend or terminate your access to the Service or your right to receive the Repair Services, in each case at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate these Terms at any time by contacting customer service at concierge@watchcheck.com.

3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access the Service; (c) you must pay WatchCheck any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3 (Feedback), 6 (Ownership; Proprietary Rights), 12.3 (Effect of Termination), 13 (Indemnity), 14 (Limited Warranty; Disclaimers), 15 (Limitation of Liability), 16 (Dispute Resolution and Arbitration), and 17 (Release of Claims), and 18 (Miscellaneous) will survive.

4. Modification of the Service. WatchCheck reserves the right to modify or discontinue all or any portion of the Service (including the Repair Services) at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Other than any refunds we may provide in accordance with Section 3.2(b) (Refunds), WatchCheck will have no further liability for any change to the Service (including the Repair Services), or any suspension or termination of your access to or use of the Service (including the Repair Services). You should retain copies of any User Content you Submit to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Submitted to the Service.

13. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify WatchCheck, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “WatchCheck Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

14. Limited Warranty; Disclaimers

1. WatchCheck warrants that, during the Limited Warranty Period, the Repair Services performed with respect to your User Timepiece will be performed in a professional manner and in accordance with generally recognized industry standards for substantially the same services (“Limited Warranty”). The foregoing warranty starts on the day that the Repair Services on your User Timepiece are completed (as determined by WatchCheck’s records) and lasts for the next successive seven hundred thirty (730) days (the “Limited Warranty Period”). This Limited Warranty does not cover any damage or issues with respect to your User Timepiece due to or arising from, any of the following, as determined by WatchCheck in its sole discretion: (a) any shipment or transport of your User Timepiece except in cases where WatchCheck bears the risk of loss as expressly set forth in Section 4.4 (Risk of Loss); (b) device storage; (c) improper use (including any User Timepiece with respect to which the case back was opened by any party other than WatchCheck and such case back opening resulted in damage or work, modification, or other repairs being done separate from the Repair Services); (d) failure to follow instructions provided by WatchCheck; (e) modifications or changes made to any User Timepiece separate from the Repair Services; (f) normal wear and tear; (g) cosmetic defects; (h) manufacturing or design flaws; (i) Waterproofness issues in vintage timepieces or any timepiece that is not dive-rated. WatchCheck will always make every effort to return timepieces to factory specifications after a service, including standard pressure testing, but cannot guarantee Waterproofness in vintage or non dive-rated timepieces as the structure of timepieces can deteriorate in a way that is not identifiable in a service and could cause unpredictable issues; or (j) accidents, abuse, operating or environmental conditions in excess of limits established in the applicable specifications, unusual physical or electrical stress, or other actions or events beyond our reasonable control. WatchCheck may require you to submit information and materials to (including, by way of example only, supporting documentation and materials such as photographs) to prove any damages to your User Timepiece in connection with any Limited Warranty claim. This Limited Warranty is non-transferable and does not extend to any subsequent owner or other transferee of the User Timepiece. With respect to any breach of the Limited Warranty during the Limited Warranty Period, WatchCheck will, in its sole discretion: (i) reperform the Repair Services at no additional cost to you; or (ii) refund the amounts you have paid to us for the Repair Services. We will also pay for shipping and handling fees for any Repair Services to be reperformed on a User Timepiece if we elect to repair it again. To obtain service related to this Limited Warranty, you must contact us at concierge@watchcheck.com to begin the process. In certain circumstances timepieces that are are submitted for service have limitations in what is possible for repair. In these circumstances WatchCheck reserves the right to void the warranty for a given service providing that the customer and WatchCheck mutually agree, in writing (email is sufficient) to proceed with servicing the applicable watch without a warranty. In any case WatchCheck will provide the customer a chance to not proceed with the service and in no cases will WatchCheck proceed in such a service without explicit agreement from the customer. In these cases WatchCheck will provide no guarantees on the functioning, structural integrity or any other attribute, feature or characteristic of the watch after it has been serviced and returned the customer. WatchCheck will not issue refunds for any issues the customer experiences with the watch after service nor will WatchCheck re-service the watch for free for any reason. IN THE EVENT THAT WE TERMINATE THESE TERMS DUE TO YOUR VIOLATION OF ANY PROVISION OF THESE TERMS, THE LIMITED WARRANTY SET FORTH IN THIS SECTION 14.1 IS VOID.

2. THE REMEDIES DESCRIBED IN SECTION 14.1 ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 14.1, WATCHCHECK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND THE REPAIR SERVICES AND ALL MATERIALS RELATED THERETO, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE, REPAIR SERVICES, OR WATCHCHECK ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE RELATED THERETO WILL CREATE ANY WARRANTY REGARDING ANY OF THE WATCHCHECK ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

4. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 14 (LIMITED WARRANTY; DISCLAIMERS)  APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WatchCheck does not disclaim any warranty or other right that WatchCheck is prohibited from disclaiming under applicable law.

15. Limitation of Liability. The following terms apply to the fullest extent permitted by law:

1. IN NO EVENT WILL THE WATCHCHECK ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THE REPAIR SERVICES, YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY WATCHCHECK ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

2. EXCEPT AS PROVIDED IN SECTION 16.5 (COMMENCING ARBITRATION) OR SECTION 16.7 (ARBITRATION RELIEF), THE AGGREGATE LIABILITY OF THE WATCHCHECK ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE REPAIR SERVICES OR ANY USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO WATCHCHECK FOR THE REPAIR SERVICES GIVING RISE TO THE CLAIM AND (b) US$100.

3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. Dispute Resolution and Arbitration

1. Generally. Except as described in Section 16.2 (Exceptions) and 16.3 (Opt-Out), you and WatchCheck agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WATCHCHECK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

2. Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 16 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to CollectibleCheck, Inc. d/b/a WatchCheck, Attention: Legal Department – Arbitration Opt-Out, 8605 Santa Monica Boulevard, PMB 52248, West Hollywood, California, 90069-4109 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once WatchCheck receives your Opt-Out Notice, this Section 16 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2(Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

4. Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting WatchCheck.

5. Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). WatchCheck’s address for notice is: CollectibleCheck, Inc. d/b/a WatchCheck, 8605 Santa Monica Boulevard, PMB 52248, West Hollywood, California, 90069-4109. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or WatchCheck may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, WatchCheck will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the WatchCheck has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.

6. Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence/billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence/billing address. During the arbitration, the amount of any settlement offer made by you or WatchCheck must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. 

7. Arbitration Relief. Except as provided in Section 16.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by WatchCheck before an arbitrator was selected, WatchCheck will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

8. No Class Actions. YOU AND WATCHCHECK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and WatchCheck agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

9. Modifications to this Arbitration Provision. If WatchCheck makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to WatchCheck’s address for Notice of Arbitration, in which case your account with WatchCheck will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

10. Enforceability. If Section 16.8 (No Class Actions) or the entirety of this Section 16 (Dispute Resolution and Arbitration) is found to be unenforceable, or if WatchCheck receives an Opt-Out Notice from you, then the entirety of this Section 16 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2(Governing Law) will govern any action arising out of or related to these Terms. 

17. Release of Claims. As used in this Section 17, “Released Party” means each White Label Partner and its past, present, and future affiliates, and each of their respective successors and assigns. By accepting these Terms, you agree that you hereby release, waive, and forever discharge each Released Party from any and all causes of action, claims, damages, or liabilities of any kind, whether now known or unknown, and that may arise at any time, in each case arising out of or relating to the Repair Services (including any acts, omissions, or issues arising out of or relating to the Repair Services, such as any actual or alleged loss or damage to any User Timepiece). You hereby expressly waive and relinquish, to the fullest extent permitted by law, the rights and benefits conferred by any applicable law, which would limit the scope of the waiver and release provided above, including any law which is similar, comparable or equivalent to Section 1542 of the California Civil Code, which provides:  A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Each Released Party is a third-party beneficiary to this Section 17 of these Terms, and each Released Party will have the right (and will be deemed to have accepted the right) to enforce this Section 17 of these Terms against you as a third-party beneficiary of Section 17 of these Terms.

18. Miscellaneous

1. General Terms. These Terms, including the Privacy Policy, and each Final Estimate, are the entire and exclusive understanding and agreement between you and WatchCheck regarding your use of the Service and the Repair Services relating to any User Timepiece. If there is any conflict or inconsistency between these Terms and any Final Estimate, the terms and conditions set forth in these Terms will control to the extent of that conflict or inconsistency. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms: (a) the use of the words “include,” “includes,” and “including” will be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) day means calendar day and month means calendar month. If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

2. Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and WatchCheck submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New Castle County, Delaware for resolution of any lawsuit or court proceeding permitted under these Terms.

3. Privacy Policy. Please read the WatchCheck Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The WatchCheck Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

4. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

5. Contact Information. The Service is offered by CollectibleCheck, Inc. d/b/a WatchCheck, located at 8605 Santa Monica Boulevard, PMB 52248, West Hollywood, California, 90069-4109. You may contact us by sending correspondence to that address or by emailing us at concierge@watchcheck.com.

6. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

7. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

8. International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

19. Subcontractors. WatchCheck may subcontract any of its obligations under these Terms to any third parties it engages or retains in the conduct of its business.

20. Notice Regarding Apple. This Section 20 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and WatchCheck only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.