Welcome to the MOD-watches.com Site administered by 1136536 B.C. Ltd. PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. THE AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND MOD WATCHES AND STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE.
PLEASE BE AWARE THAT THIS AGREEMENT, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
Any dispute or claim relating in any way to your use of the Site will be governed and interpreted by and under the laws of the state of California, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
By accessing or using the Site located at https://.mod-watches.com/ (“Site”) in any way (including using the resources available or enabled via the Site, checking a box or using any other consent protocol presented on our Site to indicate your assent to this Agreement, and/or completing the registration process, you hereby represent that (1) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at https://mod-watches.com/pages/terms-of-service, (2) you are of legal age in the jurisdiction in which you reside to form a binding contract with MOD Watches, and (3) you have the authority to enter into the Agreement. If you do not agree to be bound by the Agreement, you may not access or use the Site.
Subject to this Agreement, we reserve the right to change the terms and conditions of this Agreement at any time. Those changes will go into effect on the effective date shown in the revised Agreement. If we change this Agreement, we will give you notice by posting the revised Agreement on the Site and/or sending you an email at the email address you have provided or posting a notice that appears on the Site. We encourage you to keep your contact information up-to-date and to check this Agreement from time to time to see if it has been updated. YOUR CONTINUED USE OF THE SITE FOLLOWING POSTING OF CHANGES TO THIS AGREEMENT INDICATES YOUR ACCEPTANCE OF SUCH CHANGES. PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1.) USE OF SITE. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for items for personal use that are sold on the Site and not for purposes of resale or any other commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement may result in the immediate revocation of the license granted in this paragraph without notice to you. Except as permitted above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates this Agreement, applicable law or is harmful to our interests. You agree not to upload, distribute, or publish any content or material through this Site that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, or other harmful code or properties. Submissions or opinions expressed on this Site are that of the individual expressing such submission or opinion and may not reflect our opinions. We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. You will be responsible for all access to and use of this Site by anyone using your password and login name, including all communications and obligations incurred, whether or not such access was actually approved by you. You are responsible for protecting the security and confidentiality of the password and identification assigned to you. Please notify us immediately of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
- 2.1 REGISTERING YOUR ACCOUNT. In order to access certain features of the Site you will be required to become a Registered User. For purposes of the Terms, a “REGISTERED USER” is a user who creates an account with MOD Watches(“ACCOUNT”) by either registering directly with MOD Watches through the Website or logging into the Website with the user’s social networking service account (“THIRD-PARTY ACCOUNT”). By logging in with your Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to MOD Watches and/or grant MOD Watchesaccess to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating MOD Watches to pay any fees or making MOD Watches subject to any usage limitations imposed by such third-party service providers. By granting MOD Watches access to any Third-Party Accounts, you understand that MOD Watches may access, make available and store (if applicable) any information, photographs, and/or other materials accessible through the Site (“CONTENT”) that you have provided to and stored in your Third-Party Account (“THIRD-PARTY ACCOUNT CONTENT”) so that it is available on and through the Site via your Account. Unless otherwise specified in the Terms, all Third-Party Account Content shall be considered to be Your Content for all purposes of the Terms. Subject to the privacy settings that you have set in your Third-Party Account, personally identifiable information that you post to your Third-Party Account may be available on and through your Account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or MOD Watches access to such Third-Party Account is terminated by the third-party service provider, then Account Content may no longer be available on and through the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDER ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDER, AND MOD Watches DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDER IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNT. MOD Watches makes no effort to review any Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and MOD Watches is not responsible for any Third-Party Account Content.
- 2.2 REGISTRATION DATA. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself (the “REGISTRATION DATA”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are at least thirteen (13) years old (or such other minimum age of requirement as may be applicable in your jurisdiction) and not a person barred from using the Site under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify MOD Watchesimmediately of any unauthorized use of your password or any other breach of security and exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or MOD Watches has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MOD Watches has the right to suspend or terminate your Account and refuse any and all current or future use of the Site (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use the Site if you have been previously removed by MOD Watches, or if you have been previously banned from any of MOD Watches websites or social platforms.
- 2.3 YOUR ACCOUNT. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of MOD Watches.
3.) ORDER AND ACCEPTANCE.
- 3.1 ORDER ACCEPTANCE PROCESS. Each part of an order that you submit to MOD Watches constitutes an offer to purchase merchandise. If you have placed your order through the Website, then, after mod-watches receives your order, you will receive an email from mod-watches confirming receipt of your order (usually in minutes). If you do not receive an email from mod-watches confirming receipt of an order that you placed, then please contact the mod-watches Customer Service department at https://mod-watches.com/pages/contact before you attempt to place another order for the same merchandise. Please note that mod-watches's confirmation of receipt of your order does not equate to mod-watches’s acceptance of your order. mod-watches is not deemed to have accepted any part of your order until the requested merchandise has been shipped and mod-watches has sent a shipment confirmation email.
- 3.2 ORDER ISSUES.
- (A) If mod-watches rejects your order due to an error in pricing and/or other information about the merchandise, then mod-watches will notify you at the email address that you have provided. Once the error has been corrected, mod-watches will ask you whether or not you would like to re-submit your order to purchase the relevant merchandise. If mod-watches has notified you that your order has been accepted by sending you a shipment confirmation email, then you will not be required to pay a price that is greater than the price that was displayed on the Website at the time at which you placed your order. If mod-watches has distributed merchandise that is different from the description of the relevant merchandise (as displayed on the Website at the time at which you placed your order), then you may request a return or an exchange. For additional details, please review the mod-watches Returns Policy available at https://mod-watches.com/pages/returns.
- (B) Although it is unlikely that mod-watches would refuse to accept an order, mod-watches reserves the right to deny any order for any reason, including where the following situations arise: (i) insufficient information or errors in billing, payment, and/or shipping information; (ii) orders that cannot be processed due to erroneous information that you have provided, which includes, but is not limited to incorrect credit card or debit card number, expiration date, security value, or other incorrect information regarding payment types; (iii) suspected fraudulent information; or (iv) delayed shipment or unavailability of merchandise.
- (C) mod-watches may refuse to accept any order if fraudulent activity is suspected. mod-watches may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders.
- (D) mod-watches may refuse any order that is connected with a previous credit card dispute.
- 3.3 ORDER CANCELLATION. If an item of merchandise is delayed out of the mod-watches fulfillment center or becomes unavailable, or if there is an error on the Website pertaining to the order (e.g. an error pertaining to the price and/or description of merchandise), then mod-watches may cancel the order. If this occurs, then mod-watches will contact you so that you are aware of the situation.
- 3.4 RESTRICTIONS ON RESALE. In order to protect mod-watches intellectual property rights, any suspected resale of merchandise for personal and/or business profit is strictly prohibited. mod-watches will not accept any order that is deemed to possess characteristics of reselling. mod-watches reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.
4.) PAYMENT TERMS.
- 4.1 PAYMENT. All prices are quoted in the denomination stated. To make a purchase, you must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“PAYMENT PROVIDER”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing mod-watches with your credit card number and associated payment information, you hereby authorize mod-watches to immediately charge your credit card for all fees and charges due and payable to mod-watches hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify mod-watches of any change in your billing address or the credit card used for payment hereunder. mod-watches reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Site or by e-mail delivery to you.
- 4.2 REFUNDS. Payments made to mod-watches are subject to refund in accordance with mod-watches’s refund policy available at https://mod-watches.com/pages/returns.
- 4.3 TAXES. mod-watches fees are net of any applicable Sales Tax. If any products or Services, or payments for any products or Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to mod-watches, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify mod-watches for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “SALES TAX” will mean any sales or use tax, and any other tax measured by sales proceeds, that mod-watches is permitted to pass to its customers that is) the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
- 4.4 DISCOUNTS AND PROMO CODES. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“PROMO CODES”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official mod-watches communications channels are valid. Only one Promo Code may be used per order (no discount stacking). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.
- 4.5 DISPUTES. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: 311 4th Ave, Suite 410, San Diego, CA 92101.
6.) RESPONSIBILITY FOR CONTENT.
- 6.1 TYPES OF CONTENT. You acknowledge that all Content, including the Site, is the sole responsibility of the party from whom such Content originated. This means that you, and not mod-watches, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“MAKE AVAILABLE”) through the Site (“YOUR CONTENT”), and that you and other Users of the Site, and not mod-watches, are similarly responsible for all Content they Make Available through the Site (“USER CONTENT”).
- 6.2 NO OBLIGATION TO PRE-SCREEN CONTENT. You acknowledge that mod-watches has no obligation to pre-screen Content (including, but not limited to, User Content), although mod-watches reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that mod-watches pre-screens, refuses or removes any Content, you acknowledge that mod-watches will do so for mod-watches benefit, not yours. Without limiting the foregoing, mod-watches shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
- 7.1 The Site. You agree that mod-watches and its licensors and suppliers own all rights, title and interest in the Site. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
- 6.2 TRADEMARKS. mod-watches’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Site are the trademarks of mod-watches and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Site are the property of their respective owners.
- 6.3 OTHER CONTENT. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Site.
- 6.4 YOUR CONTENT. mod-watches does not claim ownership of Your Content. However, when you as a user post or publish Your Content on or in the Site, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
- 6.5 LICENSE TO YOUR CONTENT. Subject to any applicable account settings that you select, you grant mod-watches a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing the Site to you and to our other users. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Site. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not mod-watches, are responsible for all of Your Content that you Make Available on or in the Site.
8.) FEEDBACK. You agree that submission of any ideas, suggestions, documents, and/or proposals to mod-watches (“FEEDBACK”) is at your own risk and that mod-watches has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to mod-watches a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site.
9.) USER CONDUCT. As a condition of use, you agree not to use the Site for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third-party) either (a) to take any action or (b) Make Available any Content on or through the Site that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without mod-watches prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of mod-watches; (vi) interferes with or attempts to interfere with the proper functioning of the Site or uses the Site in any way not expressly permitted by the Terms; or (vii) to attempt or engage in, any potentially harmful acts that are directed against mod-watches and the Site, including but not limited to violating or attempting to violate any security features of the Site, introducing viruses, worms, or similar harmful code into the Site, or interfering or attempting to interfere with use of the Site by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Site.
10.) INTERACTIONS WITH OTHER USERS.
- 10.1 USER RESPONSIBILITY. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that mod-watches reserves the right, but has no obligation, to intercede in such disputes. You agree that mod-watches will not be responsible for any liability incurred as the result of such interactions.
- 10.2 CONTENT PROVIDED BY OTHER USERS. The Site may contain User Content provided by other users. mod-watches is not responsible for and does not control User Content. mod-watches has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.
11.) THIRD-PARTY WEBSITES. The Site may contain links to third-party websites ( “THIRD-PARTY WEBSITES”). When you click on a link to a third-party website, we will not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of mod-watches. mod-watches is not responsible for any Third-Party Websites. mod-watches provides these Third-Party Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or their products or services. You use all links in Third-Party Websites at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third-party websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
12.) INVESTIGATIONS. mod-watches may, but is not obligated to, monitor or review the Website at any time. Without limiting the foregoing, mod-watches shall have the right, in its sole discretion, to remove any content for any reason (or no reason), including if such content violates the Terms or any applicable law. Although mod-watches does not generally monitor user activity, if mod-watches becomes aware of any possible violations by a user of any provision of the Terms, mod-watches reserves the right to investigate such violations, and mod-watches may, at its sole discretion, immediately terminate the user’s license to use the Site, or change, alter or remove any content, in whole or in part, without prior notice.
14.) INDEMNIFICATION. You agree to indemnify and hold the mod-watches Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, the Site; (b) your violation of the Terms; (c) your violation of any rights of another party; or (d) your violation of any applicable laws, rules or regulations. mod-watches reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with mod-watches in asserting any available defenses. You agree that the provisions in this section will survive any termination of the Terms or your access to the Site.
15.) DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND MERCHANDISE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. mod-watches PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. mod-watches PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE OR MERCHANDISE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) ANY ERRORS IN THE SITE WILL BE CORRECTED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
16.) LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY mod-watches PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT mod-watches HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SITE OR (2) ANY OTHER MATTER RELATED TO THE SITE OR MERCHANDISE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE SITE SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE AMOUNT RECEIVED BY mod-watches AS A RESULT OF YOUR USE OF THE SITE OR (B) ONE HUNDRED DOLLARS (CA$150.00). YOU AND mod-watches AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SITE OR ANY CONTENT POSTED ON THE mod-watches WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN mod-watches AND YOU. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
17.) PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that your work has been copied and posted on thE Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Company Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for mod-watches Copyright Agent for notice of claims of copyright infringement is as follows: 311 4th Ave, Suite 410, San Diego, CA 92101.
18.) TERM AND TERMINATION.
- 18.1 TERM. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the mod-watches Site, unless terminated earlier in accordance with the Terms.
- 18.2 TERMINATION. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, if we are required to do so by law (e.g., where the provision of any of the Site is, or becomes, unlawful), or if we choose to discontinue the Site (in part or in whole), we have the right to, immediately and without notice, suspend or terminate any access or use of the Site provided to you. If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. In the event that we determine, in our sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated inappropriate conduct, we reserve the right to (i) warn you via e-mail (to any e-mail address you have provided to us) that you have violated the Terms; (ii) notify and/or send any content you have provided to us to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iii) pursue any other action which we deem to be appropriate. If, as a result of the investigation, we believe that illegal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Site in our possession in connection with your use of the Site, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of mod-watches, its users or the public, and to comply with the requests of all law enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate. We reserve the right, in our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you. You agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third-party for enforcing this provision. If you want to terminate the Services provided by mod-watches, you may do so by (a) notifying mod-watches at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to 311 4th Ave, Suite 410, San Diego, CA 92101. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. mod-watches will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
19.) INTERNATIONAL USERS. This Website can be accessed from countries around the world and may contain references to the mod-watches Site and other content that are not available in your country. These references do not imply that mod-watches intends to introduce such the Site or mod-watches content in your country. The Site is controlled and offered by mod-watches from its facilities in the United States of America. mod-watches makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the mod-watches Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- 20.1 DISPUTE RESOLUTION. Please read this Arbitration Agreement carefully. It is part of your contract with mod-watches and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- (A) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by mod-watches that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and mod-watches, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- (B) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“NOTICE”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to mod-watches should be sent to: 311 4th Ave, Suite 410, San Diego, CA 92101. After the Notice is received, you and mod-watches may attempt to resolve the claim or dispute informally. If you and mod-watches do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- (C) Arbitration Rules. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR PROVIDER”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US CA$14,900.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US CA$14,900.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearing. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that mod-watches made to you prior to the initiation of arbitration, mod-watches will pay you the greater of the award or CA$3,750.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
- (D) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
- (E) Time Limits. If you or mod-watches pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS rules for the pertinent claim.
- (F) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and mod-watches, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and mod-watches.
- (G) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.
- (H) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- (I) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- (J) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
- (K) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- (L) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with mod-watches.
- (M) Small Claims Court. Notwithstanding the foregoing, either you or mod-watches may bring an individual action in small claims court.
- (N) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- (O) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
- (P) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose.
21.) GENERAL PROVISIONS.
- 21.1 GOVERNING LAW. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
- 21.2 ELECTRONIC COMMUNICATIONS. The communications between you and mod-watches use electronic means, whether you visit the mod-watches Site or send mod-watches e-mails, or whether mod-watches posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from mod-watches in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that mod-watches provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- 21.3 RELEASE. You hereby release mod-watches Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from third-party websites or your use of the mod-watches Site. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
- 21.4 ASSIGNMENT. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without mod-watches prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- 21.5 FORCE MAJEURE. mod-watches shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- 21.6 COMPLIANCE. If you believe that mod-watches has not adhered to the Terms, please contact mod-watches by emailing us at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
- 21.7 NOTICE. Where mod-watches requires that you provide an e-mail address, you are responsible for providing mod-watches with your most current e-mail address. In the event that the last e-mail address you provided to mod-watches is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, mod-watches’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to mod-watches at the following address: MOD-watches: Suite # 714 - 102-15910 Fraser Hwy, Surrey, British Columbia, Canada V4N 0X9. Such notice shall be deemed given when received by mod-watches by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- 21.8 WAIVER. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- 21.9 SEVERABILITY. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
- 21.10 EXPORT CONTROL. You may not use, export, import, or transfer the mod-watches or Merchandise except as authorized by U.S. law, the laws of the jurisdiction in which you obtained access and use of the mod-watches Site and Merchandise, and any other applicable laws. In particular, but without limitation, the mod-watches Site and Merchandise may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using mod-watches Site, you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the mod-watches Site for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by mod-watches are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer any products, services or technology provided by mod-watches, either directly or indirectly, to any country in violation of such laws and regulations.
- 21.12 ENTIRE AGREEMENT. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
22.) USER CONTENT. You grant Company a license to use the materials you post to the Site or any third-party website, including any social media websites, channels and platforms. By posting, downloading, displaying, performing, transmitting, or otherwise distributing third-party information or other third-party content (“User Content”) to the Site or Service, including any third-party public websites or social media websites, channels and platforms, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the User Content in connection with the operation of the business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute (through any means or methods whether now known or hereafter to become known), modify, create derivative works of, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content. You will not be compensated for any of Company’s use of the User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the User Content.
23.) CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
End of Terms