Effective Date: September 10, 2024
Welcome to www.timepiecegrading.com and our related websites that link to these Terms (collectively, the “Website”), owned and operated by Timepiece Grading Specialists LLC (“TGS,” “we,” “us,” or “our”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Website and TGS’s services, applications, and content (collectively, the “Site”) and your purchase, receipt, or use of our services made available through the Site (collectively, the “Service(s)”).
PLEASE READ THESE TERMS CAREFULLY BECAUSE YOUR USE OF THE SITE OR PURCHASE OF THE SERVICE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE, OR PURCHASE, RECEIVE OR USE OUR SERVICE.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
TGS reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Site. By continuing to access or use the Site in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Service. If you do not agree to the revised Terms, you are free to reject them, but in that case you may not access or use the Site or order, receive or use the Service.
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Account Creation; Eligibility. You may use the Site only if you can form a binding contract with TGS, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. In order to purchase from the Site you will be required to provide your name and e-mail address. You must provide complete and accurate information about yourself during the registration process and you have an ongoing obligation to update this information if and when it changes. We will handle your information consistent with our Privacy Policy, which is incorporated into these Terms by reference. If you create an account with us, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you or your authorized representatives will use your account. You agree to contact TGS immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless TGS from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account per email address. By registering and obtaining an account you affirm that you will follow the Terms and your registration constitutes your consent to enter into agreements with us electronically. Paying for the connectivity and data plans of your computer devices is your responsibility. TGS has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Site.
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Terms of Sale.
2.1. Fees. We charge fees for the use of our Services. The service fees, prices, rates, and charges we charge are listed with the applicable Services and exclude applicable taxes. We may change our fees from time to time by posting the changes with the applicable Service in accordance with the Terms, but may not provide advance notice for temporary promotions or any changes that result in the reduction of fees. If your payment method fails, we may terminate or place restrictions on your Account or take such other measures as set forth under the Terms of Service or applicable law. IF YOU PURCHASE OUR SERVICES, WE WILL CHARGE THE PAYMENT METHOD YOU PROVIDE THROUGH OUR THIRD-PARTY PAYMENT PROCESSORS. We anticipate authorizing and charging your payment method at the time of purchase for the value of your order plus any applicable taxes and shipping charges. You authorize us to charge your payment method through our secure third-party payment processors when we bill you for the charges incurred by you.
2.2. Shipping & Insurance. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. See below for additional terms regarding insurance coverage during shipping:
· When you place an order, you will receive shipping instructions with the shipping label. If the shipping instructions are not followed, we cannot guarantee insurance coverage and any damage to the watch in transit will be the responsibility of the customer.
· Insurance coverage for the parcel begins once it is scanned by UPS upon drop-off and terminates once the parcel is scanned for delivery. For this reason, we recommend dropping any package off at a UPS store rather than an access point. We cannot guarantee insurance coverage if the package is dropped off at an access point (e.g. Staples, Home Depot, Kroger, etc).
· TGS performs a static vacuum and pressure test on any watch we examine; provided that the test will not damage the watch. However, the test does not guarantee protection against water incursion during all water activities.
· TGS evaluates the watch in the condition in which it is received. Unless the customer elects for TGS to service the watch, we make no guarantees as to how well, or even if, the watch is running.
Please refer to our FAQ page for more information regarding shipping.
2.3. Refunds. The amount paid to TGS is NON-REFUNDABLE once the item begins the authentication and/or grading process. Please refer to our FAQ page for more information regarding refunds.
2.4. Selecting the Grading Fee/Service. The level of service will be determined by the customer based on the value of the watch (“Declared Value”). It is important that the declared value of the watch be accurate, as the package will be insured based on that value. The submitter should be as accurate as possible in determining the value of the watch, as the shipping insurance of that watch will be determined by that declared value. If the submitter needs help determining a value range, they can contact info@timepiecegrading.com for help.
2.5. Timepiece Handling. TGS will exercise reasonable care in handling items submitted for grading and review. However, if TGS determines that your item was lost or damaged (certain situations excluded) while in TGS's possession, you will be compensated based upon the fair market value of the item as determined by TGS standard procedures, which may include filing a claim with our insurance carrier. Notwithstanding the foregoing, due to the fragile or delicate nature of some items inherent in their manufacture, TGS reserves the right to exclude such items from this section because they may become damaged without any mishandling on TGS's part. By agreeing to these terms, you hereby release TGS of any liability if you elect to submit such naturally fragile or delicate items for authentication and grading. The declared value you provided with this submission is for estimating the insurance coverage only, and the fair market value of the item may be less than your declared value. IN NO EVENT SHALL THE TOTAL LIABILITY EXCEED THE DECLARED VALUE OF THE ITEM. Such compensation shall be your exclusive remedy for any loss or damage, and is subject to you irrevocably releasing and discharging TGS and its affiliates from any liability for loss or damage to the item whatsoever, regardless of TGS’s actions or omissions. You must sign TGS’s standard Release of Claims as a condition of payment. TGS reserves the right to decline your Declared Value and to require you to pay for the accurate Service Level as a condition of completing the authentication and grading process. If your submission is not in conformity with these Terms or TGS's submission guidelines, TGS reserves the right to process the submission and correct any non-conformity without notice to customer. Please see our FAQ page for more information on the grading process.
2.6. Valuation. If TGS determines, in its sole discretion and at any point in the process, that the submitted Declared Value has been understated relative to the market value of the item, TGS reserves the right to decline your stated Declared Value. If TGS declines the Declared Value of an item, TGS may require you to pay for the accurate Service Level as a condition of TGS completing the authentication and grading process as to the subject item. If you refuse, or are unable, to pay TGS for the accurate Service Level, then TGS will return the item to you unprocessed at your cost, and you will be charged for the Service Level at which you submitted the item. TGS’s determination that you have understated the Declared Value will affect only the Service Level charge, it will not change the Declared Value for purposes of establishing the maximum item value for claim or shipping insurance purposes. Please see our FAQ page for more information on the grading process.
2.7. Disputes. TGS stands by its grading, but if for any reason, you disagree with the decisions made by TGS and its graders, you can resubmit the timepiece for regrading. If TGS determines the timepiece was given an insufficient score, we will regrade it at the higher score at our expense. If, TGS determines that the scores correctly assessed, the watch will be returned with its original grade and you will be charged an additional grading fee equal to the fee you paid for the timepiece’s original grading. Please see our FAQ page for more information on the grading process.
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Grading Policy. Our goal is to be the most trusted source for luxury watch grading, and this Grading Policy describes the steps we take to maintain the highest standards to ensure a comprehensive grading process, and the accurate evaluation of the timepieces submitted for grading. Our expert team conducts a detailed examination of each timepiece, utilizing proprietary techniques and the latest technology, to assess such timepieces condition and authenticity. While market value information may be provided, it is for reference purposes only and should not be relied upon for purchase, sale or insurance decisions.
3.1 Grading Process. TGS looks at every component of your watch in order to give you the most detailed and accurate evaluation possible. Each of the below referenced elements is assessed and receives a score from 1-10. The element scores are then entered into a proprietary algorithm that applies a pre-determined weight to the elements (while each element is important, some elements may be more important than others – for example, a scratch on the crystal will impact the result of the evaluation less than a scratch on the dial). While the elements and scoring algorithm is constantly being adjusted (and may be changed by TGS at any time), some of the elements that we currently evaluate are:
· Complications
· Case back
- Bracelet/Strap
· Dial
- Crystal
· Hands
· Originality
· Movement
· Crown/Pushers
· Bezel
· Case
· Lugs
While TGS endeavors to provide precise, consistent and reliable grading services, the grading process is inherently subjective and may vary based on the information available and the professional judgment of our grading specialists. TGS does not guarantee that any condition grades or value assessments will correspond to market resale values, auction results or other third-party evaluations.
TGS’s liability regarding the grading process is strictly limited. In no event shall TGS be liable for any loss or damage, including but not limited to any direct, indirect, incidental, special, consequential or punitive damages arising out of or in connection with the grading process, irrespective of the cause of action and even if TGS has been advised of the possibility of such damages. The maximum liability of TGS related to the grading process is limited to the fee paid for the grading service.
By submitting a timepiece for grading, you acknowledge and accept that the grading report is provided on an “as is” basis, and TGS disclaims all warranties, express or implied, regarding the accuracy, completeness, or reliability of the grading assessment. You agree to hold TGS harmless from any claims, losses, or damages arising from or related to the reliance on the grading report or any information contained therein.
Unless the time period is shorter under applicable law, any legal action or claim relating to the grading service or Grading Services Agreement shall be filed in court (or in the applicable arbitration tribunal, if the parties to the dispute have executed an arbitration agreement) within one (1) year from the date of delivery to Client of the grading report to which the claims or causes of action relate or, in the case of acts or conduct after delivery of the report, one (1) year from the date of the alleged acts or conduct. The time period stated in this section shall not be extended by any delay in the discovery or accrual of the underlying claims, causes of action or damages. The time period stated in this section shall apply to all non-criminal claims or causes of action of any type.
Unless otherwise noted, the timepiece is in the condition described in the report at the time of inspection. The grades, values, and descriptions listed, and all other statements, are true and correct to the best of the grading specialist’s knowledge and belief based on present day market values and accepted watch grading procedures. Because watch grading and evaluation is not a pure science but includes a subjective professional assessment, estimates of value and quality may vary from one grading specialist to another, with such variances not necessarily constituting error on the part of the grading specialist.
Due to the subjective nature of watch grading and evaluation, statements and data contained herein cannot be construed as a guarantee or warranty. The grading report is not an offer to buy the graded timepiece at this or any price. Unless otherwise noted, sales taxes are not included in the assessed values. TGS and its grading specialists do not have, and do not expect to have, a financial interest in any of the graded timepieces unless specifically noted in the comments section of the grading report.
The date of the grading evaluation and the date of the report are the same unless noted otherwise in the comments section of the grading report. Because grading technology and procedures are continually improving, it is possible that a grading specialist may examine this timepiece differently and come to different conclusions at a later date. Possession of this report does not provide title to the timepiece graded. Grading values are based on TGS’s assumption of whole ownership. The grading process does not discover liens, encumbrances, or fractional interests. Possession of this report, any portion of this report, or any copy thereof does not include the right of publication without TGS’s written consent. Public use of the grading specialist's name, TGS’s name, or any information contained in the grading report is strictly prohibited without written consent. Use of this report in advertising is not permitted.
Testimony, depositions, hearings or court attendance are not required by reason of rendering this report. Arrangements for these and similar matters must be made in advance and in accordance with prevailing hourly rates. The information in this report is confidential. No changes may be made to this report by anyone other than the appraiser who signed it. The appraiser is not responsible for unauthorized alterations. The reported analyses, opinions and conclusions are limited only by the above listed assumptions and limiting conditions, Neither this firm nor any of its employees assume any liability with respect to any action that may be taken on the basis or this appraisal. Conclusions drawn are based upon subjective opinions of those qualities and other estimations. The examination was accomplished using appropriate instruments and tests were conducted within the limitations imposed by the make-up of the item.
Timepiece values reflect market conditions at the time of grading and may be subject to depreciation. This grading report should not be used as a definitive guide in comparison shopping. Neither TGS nor any of its employees assume any liability with respect to any action that may be taken on the basis of this grading report. The use of this grading report in public advertising is strictly forbidden. This grading report is for informational purposes only and is not an offer to purchase. Because watch grading and evaluation involves subjective assessment, estimates of value and condition may vary between grading specialists, and such variance does not necessarily constitute error. This report is not an indication or verification of ownership or title. For further details on our grading process, methodology, or any other inquiries, please refer to our FAQ page or contact TGS at info@timepiecegrading.com. All communication regarding grading services must be in writing.
4. Security Rules. Violations of system or network security may result in civil or criminal liability. TGS investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (i) accessing data not intended for you or logging on to a TGS server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); (iii) attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site; and (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.
5. Prohibited Uses; Access. The Site may be used only for lawful purposes and is available only for your personal, noncommercial, or commercial use, which shall be limited to viewing the Site, purchasing services, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. TGS specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following: (i) posting any information that is incomplete, false, inaccurate or not your own; (ii) engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol; (iii) communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the irrevocable permission of the owner to post it; (iv) communicating, transmitting or posting material that (a) reveals trade secrets, unless you own them or have the irrevocable permission of the owner, (b) infringes on any other intellectual property, privacy or publicity right of another, or (c) is in violation of applicable laws or regulations; (v) communicating, transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of any applicable export control laws; or (vi) attempting to interfere in any way with the Site’s or TGS’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is TGS’s property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of TGS. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained therein solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
6. Proprietary Rights. As between you and TGS, TGS is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The TGS logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the “Intellectual Property”) are owned by TGS and may be registered in the United States and internationally. You agree not to display or use the Intellectual Property in any manner without TGS’s prior written permission. Nothing on the Site should be construed to grant any license or right to use any of the Intellectual Property without the prior written consent of TGS. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by TGS. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
7. User Content; Social Media Agreement.
7.1. We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, TikTok and Pinterest, that are tagged with #TGS #timepiecegrading or any other TGS promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to TGS a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness (and the likeness of any other person appearing therein) included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to: (a) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms; or (b) inspect or approve the editorial copy or other material that may be used in connection with the User Content. TGS will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, refining and marketing services that incorporate or otherwise rely upon such information. TGS shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. TGS retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
7.2. By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that: (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you hereby give permission on behalf of any minor children that appear in the User Content, to which you are the legal guardian, to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iv) you are 18 years of age or older; and (v) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by TGS, you will furnish TGS any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold TGS and its members, manager, employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
7.3. TGS does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge TGS and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity; or (ii) the use by TGS or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that TGS has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. TGS acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If TGS becomes aware of any User Content that allegedly may not conform to these Terms, TGS may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. TGS has no liability or responsibility to Users for performance or nonperformance of such activities.
7.4. Without limiting the foregoing in any way, TGS has the absolute right to remove and/or delete without notice any User Content within its control in its sole discretion. You consent to such removal and/or deletion and waive any claim against TGS for such removal and/or deletion. TGS is not responsible for failure to store posted content or other materials you transmit through the Site. You should take measures to preserve copies of any data, material, content or information you post to the Site or any other sites or platforms.
7.5. Timepiece Confidentiality. Notwithstanding the foregoing in this Section 6, TGS shall at all times maintain the confidentiality of ownership of all timepieces submitted to our grading service and such submissions of timepieces for our Service shall not be considered User Content. However, by submitting photos of your timepiece to us (“Timepiece Content”), you grant to TGS a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the Timepiece Content.
8. Copyright Complaints. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TGS’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. §512 (“DMCA”). Please be advised that to be effective, the notice must include ALL of the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or as a matter of law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. In accordance with the DMCA, it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances. Notices of claimed copyright infringement and counter-notices should be delivered via email to info@timepiecegrading.com with “DMCA Takedown Request” in the subject line.
9. Privacy Policy. Notwithstanding anything else to the contrary contained in these Terms, TGS’s use of any personally identifiable information (name, email, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding TGS’s protection of your personal information, please refer to our Privacy Policy
10. Third Party Links. The Site may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). TGS does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. TGS is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.
11. Telephone Communications; Text Messaging; SMS Policy. Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number. When you provide us with your mobile phone number, you agree that we may send you text messages (including SMS and MMS) to that phone number. We will send you a number of text messages in order to setup your account. Thereafter, the number of messages sent to you per month will be in response to your engagement with the Service, and therefore dependent on your voluntary level of engagement with the Service. You will receive a confirmation text message, and you may need to reply as instructed to complete registration. Message and data rates apply. Reply STOP to cancel, HELP for help. You agree to receive a final text message confirming your opt-out. You may opt-out at any time by texting the word STOP. Texts may be sent through an automatic telephone dialing system. Consent is not required to purchase our goods or services. You agree to notify us of any changes to your mobile number and update your account us to reflect this change. You might see some message & data rate charges from your mobile provider, though, so be sure to check your plan. Charges will not be initiated by us. It is our policy, that just as a user must opt in to a text marketing list, they have the right to opt out of a particular text marketing list as well. When a user opts out of a text marketing list, they will no longer receive any texts unless they, themselves, re-subscribe.
12. California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to info@timepiecegrading.com. Residents of California may contact the California Department of Consumer Affairs Division of Consumer Services, Complaint Assistance Unit by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
13. Disclaimers and Limitations of Liability.
13.1. TGS publishes information on its Site as a convenience to its visitors. While TGS attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The services described on the Site may not be available in your region. TGS does not claim that the information on the Site is appropriate to your jurisdiction or that the services described on its Site will be available for purchase in all jurisdictions.
13.2. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE PRODUCTS AND SITE, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TGS DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS AND CONTENT, FUNCTIONS, PRDOUCTS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TGS DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE MATERIALS AND CONTENT OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. TGS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO ALL USERS AND MAY BE LIMITED BY APPLICABLE LAW, AND CERTAIN USERS MAY HAVE ADDITIONAL RIGHTS NOT EXPRESSED HEREIN.
13.3. TGS makes no warranties of any kind regarding any sites not controlled by TGS to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and TGS makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites not controlled by TGS. TGS does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
13.4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TGS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE Members, Managers, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR the order, receipt or USE OF ANY PRODUCT OR THE MATERIALS AND CONTENT OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF TGS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF TGS AND THE OTHER TGS PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF SERVICES PURCHASED FROM THE SITE EXCEED THE AMOUNT PAID FOR SUCH SERVICES; AND (B) THE ACCESS OR USE OF THE SITE OR CONTENT, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE TGS AND THE OTHER TGS PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THIS LIMITATION MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
14. Indemnity. You agree to indemnify and hold TGS, its managers, members, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including actual outside attorneys’ fees and court costs, in any way arising from, related to or in connection with your use of the Site, your violation of these Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information, materials or User Content you provide infringes any third-party proprietary right. You further agree to reimburse TGS, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees and other amounts paid or incurred by TGS (or such other indemnitee) in connection with the foregoing indemnity.
15. Governing Law and Disputes. THE PARTIES AGREE THAT THeSE TERMS, ANY SALES THEREUNDER, AND/OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND TGS arising from or relating to thESE Terms, its interpretation or the breach, termination or validity thereof, the relationships that result from thESE Terms, TGS’s advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CONFLICTS OF LAW.
15. Dispute Resolution and Binding Arbitration. YOU AND TGS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND TGS its members, managers, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively “TGS Parties”) arising from or relating in any way to your purchase of Product, your use of the Site, these Terms, its interpretation or the breach, termination or validity thereof, the relationships that result from these Terms (including relationships with third parties who are not signatories to these Terms), TGS’s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Arbitration will be held in Los Angeles County, California, and you and TGS agree to submit to the personal jurisdiction of any federal or state court in Los Angeles, California in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE TGS PARTIES SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS/USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that the TGS Parties will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If you prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: (i) American Arbitration Association: (800) 778-7879, www.adr.org; and (ii) JAMS: (800) 352-5267, www.jamsadr.com. If for any reason a claim proceeds in court rather than in arbitration each of you and the TGS Parties waive any right to a jury trial. Moreover, each of you and the TGS Parties both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.
16. General. These Terms constitute the entire agreement between you and TGS and govern your use of the Site, and they supersede any prior agreements between you and TGS, provided, however, that these Terms shall be read in conjunction with the “Privacy Policy” as applicable. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. You agree that this Site shall be deemed a passive website solely based in Los Angeles, California, USA, which does not give rise to personal jurisdiction over TGS in jurisdictions other than California. TGS may terminate this agreement and deny you access to the Site at any time, immediately and without notice, if in TGS’s sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between TGS and you as a result of these Terms or your use of the Site. Any claim or cause of action you may have with respect to TGS or the Site must be commenced within one (1) year after the claim or cause of action arose or be forever barred. The failure of TGS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable. You may not assign these Terms nor any of your rights or obligations under these Terms without TGS’s express prior written consent. These Terms inure to the benefit of TGS’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please email us at:
Timepiece Grading Specialists LLC