WatchFacts Terms and Conditions of Use

The WatchFacts service is provided subject to the following terms and conditions:

 

This Website (the 'Website') which is located at www.watchfacts.com is owned and operated by Watch Facts Inc ('WatchFacts,' 'we,' 'us,' or 'our'). These terms and conditions of use ('Terms of Use') govern the terms and conditions on which registered users ('Members', 'you' and 'your') may access and use the Website, its content and services (the 'Services').

 

By using the Website, you acknowledge that you have read these Terms of Use, understand them and agree to be bound by their terms and conditions. You also acknowledge that you have read and understand our privacy policy and consent to Watchfacts use of your personal Data as described in that document. If you do not agree to these Terms of Use or the privacy policy, you should not use the Service (as hereinafter defined) or access the Website.

 

Watchfacts searches both private and publicly available Databases for information on items being queried. Together we call these Databases the 'Databases'.

 

Services

Watchfacts operates a reporting service that provides results based on information returned by searching the databases.

 

Watchfacts searches against numerous databases including the FBI and National Crime and Information Center. These databases include stolen property reports from over 30,000 reporting organizations including 18,000 US law enforcement agencies.

 

Watchfacts operates a reporting service relating to Items of value ('Items'). These Items may be identified as: lost or stolen watches and clocks.

 

Watchfacts will make its best endeavor to make its reporting service available to you for searching at least 99% of the time. Occasionally, in the event of planned maintenance or events beyond Watchfacts’ control, access to the reporting Service may temporarily be restricted. In these circumstances, Watchfacts endeavors to restore the Search Service to you as soon as possible.

 

Searching the Reporting Service

Watchfacts provides the Reporting Service to allow users to search its Database of Items reported as lost or stolen.

 

Watchfacts cannot guarantee that the Item will form part of a Match Report, as defined below, or if it does, that the search is in fact your Item and neither can Watchfacts identify the user who reported the Item stolen.

 

Match Report

After a search has been made on the Website, Watchfacts will generate a Match Report identifying:

 

The unique serial number ('USN') of an Item in the search criteria which matches the USN of an Item on the Databases;

 

The Match Report is automatically generated, and its accuracy will depend on the criteria you enter.

 

Contents of Databases and limits of Searching process

The Databases consist of information provided by users and other third parties (including third party Websites). The information on the Databases may therefore be incomplete, inaccurate, or out of date.

 

Please note that the ability to search the Databases correctly is dependent on the accuracy of the information contained in the Databases and the data submitted to the search criteria. To the extent that the search criteria does not provide sufficient data, the ability of the Databases to show matching Items may be limited.

 

All property that is stolen is not always reported, much of what is reported does not contain unique identifying numbers. A negative response to a query in Watchfacts does not mean the item is not stolen, and Watchfacts makes no warranty of clear title or ownership of an item.

 

Disclaimers and limits of liability

Watchfacts provides a service that enables you to search the Databases against criteria entered by you. The Website contains information provided by registered users and other third parties that Watchfacts does not verify. Therefore, Watchfacts is unable to warrant that Items on the Database are in fact lost or stolen or subject to third party claims.

 

You should not rely on the information in the Databases as proof of an Item's ownership nor should you ever take police action based on the information obtained through our Website.

 

If you are considering buying, lending money with goods as surety or acting on the sale of any Items, use of the Reporting Service is only a tool to aid your decision to accept Items as not being lost or stolen or subject to third party claims. You must take your own steps to verify the status of a matching Item. You acknowledge that you are not relying on the Reporting Service to make any decision, to engage in any transaction, or to refrain from making any decision or engaging in any transaction. You further acknowledge that you have an independent duty to investigate, which goes beyond the use of the Reporting Service in connection with any transaction in which you are considering.

 

Watchfacts excludes liability and responsibility for any consequential or indirect loss (including but not limited to loss of business, loss of information or data, or loss of expectation or bargain) that might result to you or a third party (whether for conversion or otherwise) and which arises from the use of the website or the Reporting Service, false information provided to the database, or third party and operational errors except where such loss is proximately caused by Watchfacts’ gross negligence, willful misconduct, or bad faith breach of these terms of use.

 

Watchfacts excludes liability and responsibility for any loss of whatever nature incurred by you relating to any arrangement or contract entered into or contemplated by you [or refused by you] with a third party because of your use of the Reporting Service.

Watchfacts’ liability for its own loss, gross negligence, willful misconduct, or bad faith breach of these terms of use shall not exceed twice the amount of any fee paid by you to Watchfacts in the 12 months prior to the accrual of any claim.

 

Indemnity

You agree to indemnify and keep indemnified Watchfacts, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and court costs) arising out of any third party claims arising out of or related to your use of the Website, the Services or any breach by you of these Terms of Use.

 

Dispute Resolution Procedure

Except in the case of a party seeking injunctive or other equitable relief in connection with the enforcement of these Terms of Use, any dispute between you and Watchfacts or you and another Member arising out of or relating to these Terms of Use, including any disputes relating to the content or use of the Website, shall be finally and conclusively resolved by confidential binding arbitration under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any hearings held in connection with such binding arbitration shall be held at an American Arbitration Association office in the State of Florida in the United States.

 

Notices

Any notice given under this agreement shall be sent to you by email at the email address you have provided to Watchfacts.

 

Notice given under this agreement shall be validly served if sent by post if you have notified Watchfacts that you would prefer to be contacted that way.

 

Notices to Watchfacts should be sent to:

169 E. Flagler Street, Suite 624

Miami, Florida 33131

 

Watchfacts will endeavor to respond to you within 7 working days of receiving your inquiry.

 

Governing Law & Jurisdiction

These Terms of Use, including (without limitation) any disputes relating to the content on the Website or the use of the Website, whether sounding in contract, tort, statute or otherwise, are governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida.

 

These terms and conditions were last updated 9/16/2016.

 

 

 

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