WATCH GANG WEBSITE TERMS OF USE

Welcome to Watch Gang! Watch Gang, LLC (“Watch Gang” or “Company”) is the developer and operator of the website www.WatchGang.com (the “Site”).  Please read these Terms of Use fully and carefully before using the Site and the services, features, content, applications, or products (collectively, the “Services”) offered by Watch Gang.  These Terms of Use create a legally binding agreement for your use of the Site. These Terms of Service include all “Content,” which includes, but is not limited to information, data, text, photographs, videos, audio clips, software, scripts, written posts and comments, graphics, and interactive features provided for use or otherwise accessible for the Services on the Site.

  1. ACCEPTANCE OF TERMS OF USE.

  1. By registering and/or using the Services on this Site in any manner, including, accessing, visiting, browsing or using this Site, you acknowledge and agree that you are at least 13 years old or older, and a person that has not been suspended or removed by Watch Gang for any reason.  If you are minor under 13 years old, you must obtain consent of your parent or legal guardian to use the Site.  By using the Site, you acknowledge and agree that have read, understood, and agree to these Terms of Use, and all other operating rules, policies, and procedures published on this Site by Watch Gang.
  2. Watch Gang reserves the right to revise these Terms of Use at any time without notice to you. Your use of the Site and Services constitutes your acceptance to these Terms of Use and any changes or modifications to such.  Watch Gang may change, suspend, discontinue, add, supplement, or modify any aspect of the Site, Services, or Content without notice to you.
  3. Your use of these Terms of Use is a further agreement to the Watch Gang Privacy Policy, (the “Privacy Policy”), which is incorporated herein by reference.
  4. By using this Site or Services, you agree to the Arbitration Notice and Class Action Waiver, which provides: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

  1. USE LICENSE.  Subject to these Terms of Use, we grant you a personal, limited, non-transferable, and non-exclusive license to use the Site, and access the Content, but solely for the purposes of using the Services. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of Watch Gang. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the Content found on the Site, in whole or in part. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site, and are responsible for the consequences of such communications. Any other use of the Site, Services, or Content requires the prior written consent of Watch Gang.

  1. RULES OF CONDUCT.

A.         As a condition to your use of the Site and/or Services, you agree that you will not post, communicate or transmit any material that infringes on any intellectual property, publicity or privacy right of another person or entity;

B.          As a condition to your use of the Site and/or Services, you agree that you will not post any information which is untrue, inaccurate or not your own;

C.         As a condition to your use of the Site and/or Services, you agree that you will not engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;

D.         As a condition to your use of the Site and/or Services, you agree that you will not attempting to interfere in any way with the Site or Services, Watch Gang’s network security, or attempt to use the Site to gain unauthorized access to any other computer system; and

E.         As a condition to your use of the Site and/or Services, you agree that you will not, you agree that you will not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site.  Further, you agree to not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of Watch Gang.

F.         Watch Gang reserves the right to read, access, maintain, preserve, and/or disclose any information that it believes is necessary to comply with any law, regulation, lawsuit, or governmental request, or to enforce these Terms of Use, or to detect, prevent, or otherwise remedy and fraud, security, or technical issues, or to protect the rights, property, and/or safety of Watch Gang, other users of the Site and/or Services, and the public.

  1. AVAILABILITY.  Watch Gang does not guarantee that any Content or Services made available on this Site will remain or continue to be available on this Site.  Watch Gang may, at its sole and absolute discretion, remove, edit, or modify any Content, at any time, without notice to you, and for any reason it determines.

  1. REGISTRATION AND PASSWORDS.  To sign up for the Services on the Site and become a “Member,” as defined in the Giveaway Rules, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You may not select or use as a username the name of another person with the intent to impersonate that person, or use such name that infringes on any right of Watch Gang or any third party, and further, such username shall not be offensive, vulgar, or obscene.  You are solely responsible for any activity or purchases made through your registration.  You may not use another person’s or entity’s account or registration information for the Services without written authorization from such person and Watch Gang.  You must notify us of any change in your eligibility to use the Site or the Services.  You should not publish or cause to be published, or distribute registration login information.  Watch Gang reserves the right to suspend, terminate, and/or delete your account or registration at any time for any violation of these Terms of Use, without notice to you.  

6.          NOTICE OF CONTENT OWNERSHIP.  The Services contain Content that may be provided by Watch Gang, its partners, affiliates, subsidiaries, or other third parties, and such Content is protected by trademarks, copyrights, service marks, trade secrets, patents, and/or other proprietary rights and law.  You may not use such Content in any matter that infringes upon any right of Watch Gang or any other third party.  You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Watch Gang and the Watch Gang logo are registered trademarks.  All other trademarks are the property of their respective owners. All of the Site's Content is copyrighted by Watch Gang, Inc. All rights reserved. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms of Use are reserved by Watch Gang.

7.         TRANSACTIONS.

A.          Members may purchase product(s) or Services available on the Site (“Transaction”), upon which Members will be asked to supply certain information relevant to the Transaction including, but not limited to, credit card number, the expiration date of the credit card, the Member’s billing address, and shipping information. Any Member that enters into a Transaction on the Site represents and warrants that he/she has the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, the Member grants to Watch Gang the right to provide such information to third parties for purposes of facilitating the completion of the purchase.  Verification of information may be required prior to the acknowledgment or completion of any purchase.

B.         All Content and/or Services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site.  By placing an order, you represent that the products ordered will be used only in a lawful manner. Watch Gang reserves the right, with or without prior notice, to do any of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or Service.

8.          BILLING AND RECURRING BILLING

A.         Some of the Services offered on the Site, including the purchase of any products, whether on a one-time basis, or on a reoccurring basis, may be subject to payments now or in the future (the “Paid Services”).  Any disclosures provided to you during the sign up stage on the Website, or during a Transaction are incorporated into these Terms of Use by reference.

B.         For any Paid Services, Watch Gang uses a third-party processor (“Processor”) to bill you through a payment account connected to a Member’s registration account (“Billing Account”). The processing of payments will be subject to these Terms of Use, as well as all terms, conditions, and privacy notices of the Processor.  Watch Gang is not responsible for errors or mistakes by the Processor.  By entering into a Transaction for Paid Services, the Member that he/she is entering into a binding contract with Watch Gang and agrees to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges, and the Member agrees to authorize Watch Gang to process such payments through the Processor. In addition, you remain responsible for any taxes that may be applicable to your Transactions.  While not obligated to do so, Watch Gang may correct any errors by the Processor even if it has requested or received payment.

C.  The Member that enters into a Transaction for Paid Services agrees that the terms of payment for the Transaction are based upon the agreements between the Member and his/her respective financial institution, credit card issuer, or other provider.  If Watch Gang does not receive payment for the Transaction for Paid Services through the Processor, the Member agrees to pay all amounts due on by the Member for any Paid Services.

D.  THE PAID SERVICES OFFERED ON THE SITE, SUCH AS MONTH-TO-MONTH, OR ANY PREPAID MEMBERSHIP, CONSIST OF AN INITIAL PERIOD OF MEMBERSHIP, FOR WHICH THERE IS A ONE-TIME CHARGE, FOLLOWED BY RECURRING PERIOD CHARGES AS AGREED TO BY YOU (“MEMBERSHIP PLAN”).  YOU HAVE THE OPTION OF SELECTING EITHER A MONTH-TO-MONTH MEMBERSHIP PLAN, OR A PREPAID MEMBERSHIP PLAN OVER A 3, 6, OR 12 MONTH PERIOD.  EACH MEMBERSHIP PLAN IS A RECURRING PLAN.  THE MEMBER ACKNOWLEDGES AND AGREES THAT SUCH PAID SERVICES HAVE AN INITIAL AND RECURRING PAYMENT FEATURE, AND ACCEPTS RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION.  ALL RECURRING PAYMENTS ARE EARNED UPON PAYMENT.  THE MEMBER’S MEMBERSHIP PLAN WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE PERIODS EQUAL TO THE MEMBERSHIP PLAN PURCHASED, SUCH AS A MONTH-TO MONTH MEMBERSHIP PLAN, OR A PREPAID MEMBERSHIP PLAN. THE MEMBER’S PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED FOR EACH SUCCESSIVE MEMBERSHIP PLAN AT THE THEN-CURRENT SUBSCRIPTION RATE FOR THE MEMBERSHIP PLAN PURCHASED UNTIL THE MEMBER CANCELS THE RENEWAL OF YOUR MEMBERSHIP PLAN.

E.          UNLESS THE MEMBER CANCELS THE MEMBERSHIP PLAN PRIOR TO THE TIME OF BILLING FOR A TRANSACTION, WHICH CAN BE DONE BY EMAILING [email protected] OR CALLING 844-413-7017, THE MEMBER’S PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE PURCHASED MEMBERSHIP PLAN. THE MEMBER AGREES THAT WATCH GANG MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR IN ACCORDANCE WITH THE TERM OF YOUR PREPAID MEMBERSHIP PLAN) TO THE MEMBER’S CHOSEN PAYMENT METHOD WITHOUT FURTHER AUTHORIZATION FROM THE MEMBER, UNTIL THE MEMBER PROVIDES PRIOR NOTICE THAT HE/SHE WISHES TO TERMINATE THIS AUTHORIZATION OR TO CHANGE THE PAYMENT METHOD. THE MEMBER AGREES THAT SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WATCH GANG REASONABLY COULD ACT.  THE MEMBER’S NON-TERMINATION OR CONTINUED USE OF A PAID SERVICE REAFFIRMS THAT WATCH GANG IS AUTHORIZED TO CHARGE THE MEMBER’S PAYMENT METHOD FOR THAT PAID SERVICE.  A MEMBER’S CHARGES MAY BECOME PAYABLE IN ADVANCE, IN ARREARS, PER USAGE, OR AS OTHERWISE DESCRIBED WHEN THE MEMBER INITIALLY PURCHASED THE MEMBERSHIP PLAN.

F.         A MEMBER MAY ONLY CANCEL A PREPAID SUBSCRIPTION DURING THE FIRST MONTH OF THE SUBSCRIPTION.  CANCELLATION MAY BE DONE THROUGH THE MEMBER’S ACCOUNT ON THE SITE, OR BY SENDING WATCH GANG A MESSAGE AT [email protected], OR BY GOING TO THE SITE AND SCHEDULING A CALL WITH ONE OF WATCH GANG’S CUSTOMER SUPPORT REPS WHO CAN ASSIST IN PROCESSING THE CANCELLATION.

G.         Any Member that enters into a Transaction must provide current, complete, and accurate information for the Member’s billing account on the Site.  The Member must promptly update all information to keep the billing account current, complete, and accurate.  The Member must notify Watch Gang of any potential breach of security, such as the unauthorized use of any payment device, or the unauthorized disclosed or use of the Member’s username or password.  Changes to such information must be made at the Site.  If the Member fails to provide such updated information for any Transaction, whether a single transaction or a reoccurring transaction, the Member agrees that Watch Gang may continue to charge the Member for any Services purchased unless the Member has Terminated his/her account, or has cancelled their membership.

H.         Watch Gang reserves the right to revoke a Membership Plan at any time as a result of violation of these Terms of Use or the Privacy Policy.

9.          GIFT SUBSCRIPTIONS.  A Membership Plan may be gifted to another person (“Gift Membership Plan”).  Such Gift Membership Plans are subject to these Terms of Use, and the person gifting such Gift Membership Plan shall be bound and responsible for all costs, expenses, for any one-time transaction or recurring Membership Plans.

10.          PRODUCT INFORMATION; LIMITATION ON QUANTITIES.  Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which Watch Gang may correct without liability.  Watch Gang also reserves the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). Watch Gang does not guarantee that all products described on the Site will be available.

11.         CONTRIBUTED CONTENT GUIDELINES.  By submitting or posting any materials or content on the Site, you grant Watch Gang a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Watch Gang the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Watch Gang will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you. All contributed content is subject to these Terms of Use, which include Watch Gang’s policy regarding copyright infringement.  Watch Gang reserves the right not to post your for any reason as determined in the sole and absolute discretion of Watch Gang.

12.         GENERAL DISCLAIMERS.  You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, PAID SERVICES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, WATCH GANG DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Watch Gang makes no warranties of any kind regarding any non-Watch Gang sites to which you may be directed or hyperlinked from this Site.  Hyperlinks are included solely for your convenience, and Watch Gang makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Watch Gang sites. Watch Gang does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site or the App.

13.         TAXES.  Your total price for Paid Services will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. Watch Gang will charge tax only in states where the goods sold over the internet are taxable.

14.         INDEMNIFICATION. You agree to indemnify, hold harmless, and defend Watch Gang, its parent, subsidiaries, divisions, and affiliates, employees, assigns, and their respective officers, directors, employees, agents, assigns, and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, defamatory or infringing content posted to the Site by you, or your violation of any law or the rights of a third party.

15.         LIMITATION OF LIABILITY. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF WATCH GANG, IN NO EVENT SHALL WATCH GANG, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, EMPLOYEES, ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, ASSIGNS, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF WATCH GANG HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF WATCH GANG, IN NO EVENT SHALL THE TOTAL LIABILITY OF WATCH GANG, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE EXCEED THE AMOUNT YOU PAID TO WATCH GANG IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all Content, Paid Services, Membership Plans, and merchandise available through the Site.

16.         INTERNATIONAL USE. Watch Gang controls and operates the Site from the United States. Watch Gang makes no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

17.         RISK OF LOSS. Any merchandise purchased from Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to the carrier and you upon Watch Gang’s delivery to the carrier.

18.         WAIVER; REMEDIES.  The failure of Watch Gang to partially or fully exercise any rights or the waiver of Watch Gang of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Watch Gang or be deemed a waiver by Watch Gang of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Watch Gang under these Terms of Use and any other applicable agreement between you and Watch Gang shall be cumulative, and the exercise of any such right or remedy shall not limit Watch Gang’s right to exercise any other right or remedy.

21.         GOVERNING LAW. The laws of the State of California shall govern these Terms of Use without regard to conflict of laws provisions.

22.         DISPUTES; ARBITRATION.

A.         Any dispute relating in any way to your visit to, or use of the Site to the products you purchase through the Site (including a Membership Plan), or to your relationship to Watch Gang shall be submitted to confidential arbitration in Los Angeles, CA; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, or other jurisdiction as determined by Watch Gang. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms of Use will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.

B.          YOU AND WATCH GANG AGREE THAT EACH MAY ONLY 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 Watch Gang agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

23.         REFERRAL SYSTEM.  To qualify for Watch Gang credit, you can refer new customers to Watch Gang. Watch Gang’s policy is to provide you with a free month of our standard membership for every two (2) referred members. A "referred member" is defined as a new customer to Watch Gang, and who purchases a Membership Plan through your referral link, and who has never previously purchased a Membership Plan for him/herself or as a Gift Membership Plan.

24.          WINNING MEMBERS. Any Member of Watch Gang who wins the Watch Gang Rolex Member Giveaway, as detailed in the Official Rules for such giveaway/sweepstakes, is subject to public acknowledgement of receipt of watch. You agree that if you win the Watch Gang Rolex Member Giveaway, Watch Gang may publicly tag you in posts on Twitter, Facebook and Instagram announcing you, personally and by name, as the winner.  Upon receipt of the Grand Prize, as defined in the Official Rules, you agree to post a photo of the package and its' contents to either Facebook or Instagram or both and tag Watch Gang's official business in the post.

25.         HEADINGS.  The Section and paragraph headings in these Terms of Use are for convenience only and shall not affect the interpretation of these Terms of Use.

26.        CONTACT.  You may contact Watch Gang at [email protected]  

27.         EFFECTIVE DATE OF TERMS OF USE: April 1, 2017.