Terms and Conditions

FAUX

an idea brought to life through the
fascinating hobby of watch-making.

TERMS AND CONDITIONS

Last updated July 18, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Tenth Street Watch Company, doing business as Faux Wrist ("Company," "we," "us," "our"), a company registered in Kentucky, United States in Newport, KY.

We operate the website http://www.fauxwrist.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at josh@fauxwrist.com or by mail to Newport, KY, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Tenth Street Watch Company, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution toor use by any person or entity in any jurisdiction or country where such distribution oruse would be contrary to law or regulation or which would subject us to anyregistration requirement within such jurisdiction or country. Accordingly, thosepersons who choose to access the Services from other locations do so on their owninitiative and are solely responsible for compliance with local laws, if and to the extentlocal laws are applicable.

The Services are not tailored to comply with industry-specific regulations (HealthInsurance Portability and Accountability Act (HIPAA), Federal Information SecurityManagement Act (FISMA), etc.), so if your interactions would be subjected to suchlaws, you may not use the Services. You may not use the Services in a way thatwould violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services,including all source code, databases, functionality, software, website designs, audio,video, text, photographs, and graphics in the Services (collectively, the "Content"), aswell as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and variousother intellectual property rights and unfair competition laws) and treaties in theUnited States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for yourpersonal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITEDACTIVITIES" section below, we grant you a non-exclusive, non-transferable,revocable license to:

access the Services; and

download or print a copy of any portion of the Content to which you haveproperly gained access.

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of theServices and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,distributed, sold, licensed, or otherwise exploited for any commercial purposewhatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set outin this section or elsewhere in our Legal Terms, please address your request to:josh@fauxwrist.com. If we ever grant you the permission to post, reproduce, orpublicly display any part of our Services or Content, you must identify us as theowners or licensors of the Services, Content, or Marks and ensure that any copyrightor proprietary notice appears or is visible on posting, reproducing, or displaying ourContent.

We reserve all rights not expressly granted to you in and to the Services, Content,and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach ofour Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully priorto using our Services to understand the (a) rights you give us and (b) obligations youhave when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea,feedback, or other information about the Services ("Submissions"), you agree toassign to us all intellectual property rights in such Submission. You agree that weshall own this Submission and be entitled to its unrestricted use and disseminationfor any lawful purpose, commercial or otherwise, without acknowledgment orcompensation to you.

You are responsible for what you post or upload: By sending us Submissionsthrough any part of the Services you:

confirm that you have read and agree with our "PROHIBITED ACTIVITIES"and will not post, send, publish, upload, or transmit through the Services anySubmission that is illegal, harassing, hateful, harmful, defamatory, obscene,bullying, abusive, discriminatory, threatening to any person or group, sexuallyexplicit, false, inaccurate, deceitful, or misleading;

to the extent permissible by applicable law, waive any and all moral rights toany such Submission;

warrant that any such Submission are original to you or that you have thenecessary rights and licenses to submit such Submissions and that you havefull authority to grant us the above-mentioned rights in relation to yourSubmissions; and warrant and represent that your Submissions do not constitute confidentialinformation.

You are solely responsible for your Submissions and you expressly agree toreimburse us for any and all losses that we may suffer because of your breach of (a)this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

(1) you have the legalcapacity and you agree to comply with these Legal Terms;

(2) you are not a minor inthe jurisdiction in which you reside

, or if a minor, you have received parentalpermission to use the Services; (3) you will not access the Services throughautomated or non-human means, whether through a bot, script or otherwise; (4) youwill not use the Services for any illegal or unauthorized purpose; and (5) your use ofthe Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Services (or any portion thereof).

4. PRODUCTS

We make every effort to display as accurately as possible the colors, features,specifications, and details of the products available on the Services. However, we donot guarantee that the colors, features, specifications, and details of the products willbe accurate, complete, reliable, current, or free of other errors, and your electronicdisplay may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be instock. We reserve the right to discontinue any products at any time for any reason.Prices for all products are subject to change.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

- Discover

- American Express

- Mastercard

- Visa

You agree to provide current, complete, and accurate purchase and accountinformation for all purchases made via the Services. You further agree to promptlyupdate account and payment information, including email address, payment method,and payment card expiration date, so that we can complete your transactions andcontact you as needed. Sales tax will be added to the price of purchases as deemedrequired by us. We may change prices at any time. All payments shall be in USdollars.

You agree to pay all charges at the prices then in effect for your purchases and anyapplicable shipping fees, and you authorize us to charge your chosen paymentprovider for any such amounts upon placing your order. We reserve the right tocorrect any errors or mistakes in pricing, even if we have already requested orreceived payment.

We reserve the right to refuse any order placed through the Services. We may, in oursole discretion, limit or cancel quantities purchased per person, per household, or perorder. These restrictions may include orders placed by or under the same customeraccount, the same payment method, and/or orders that use the same billing orshipping address. We reserve the right to limit or prohibit orders that, in our solejudgment, appear to be placed by dealers, resellers, or distributors.

6. RETURN POLICY

Please review our Return Policy posted on the Services prior to making any purchases.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which wemake the Services available. The Services may not be used in connection with anycommercial endeavors except those that are specifically endorsed or approved byus.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create orcompile, directly or indirectly, a collection, compilation, database, or directorywithout written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of theServices, including features that prevent or restrict the use or copying of anyContent or enforce limitations on the use of the Services and/or the Contentcontained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

Use any information obtained from the Services in order to harass, abuse, orharm another person.

Make improper use of our support services or submit false reports of abuse ormisconduct.

Use the Services in a manner inconsistent with any applicable laws orregulations.

Engage in unauthorized framing of or linking to the Services.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party’suninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenanceof the Services.

Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username ofanother user.

Upload or transmit (or attempt to upload or to transmit) any material that actsas a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats ("gifs"), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as"spyware" or "passive collection mechanisms" or "pcms").

Interfere with, disrupt, or create an undue burden on the Services or thenetworks or services connected to the Services.

Harass, annoy, intimidate, or threaten any of our employees or agentsengaged in providing any portion of the Services to you.

Attempt to bypass any measures of the Services designed to prevent orrestrict access to the Services, or any portion of the Services.

Copy or adapt the Services' software, including but not limited to Flash, PHP,HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up apart of the Services.

Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Services, or use or launch any unauthorized script or othersoftware.

Use a buying agent or purchasing agent to make purchases on the Services.

Make any unauthorized use of the Services, including collecting usernamesand/or email addresses of users by electronic or other means for the purposeof sending unsolicited email, or creating user accounts by automated means orunder false pretenses.

Use the Services as part of any effort to compete with us or otherwise use theServices and/or the Content for any revenue-generating endeavor orcommercial enterprise.

Use the Services to advertise or offer to sell goods and services.

8. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide youwith the opportunity to create, submit, post, display, transmit, perform, publish,distribute, or broadcast content and materials to us or on the Services, including butnot limited to text, writings, video, audio, photographs, graphics, comments,suggestions, or personal information or other material (collectively, "Contributions").Contributions may be viewable by other users of the Services and through third-partywebsites. As such, any Contributions you transmit may be treated in accordance withthe Services' Privacy Policy. When you create or make available any Contributions,you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and theaccessing, downloading, or copying of your Contributions do not and will notinfringe the proprietary rights, including but not limited to the copyright, patent,trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights,consents, releases, and permissions to use and to authorize us, the Services,and other users of the Services to use your Contributions in any mannercontemplated by the Services and these Legal Terms.

You have the written consent, release, and/or permission of each and everyidentifiable individual person in your Contributions to use the name or likenessof each and every such identifiable individual person to enable inclusion anduse of your Contributions in any manner contemplated by the Services andthese Legal Terms.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotionalmaterials, pyramid schemes, chain letters, spam, mass mailings, or otherforms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,libelous, slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuseanyone.

Your Contributions are not used to harass or threaten (in the legal sense ofthose terms) any other person and to promote violence against a specificperson or class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any thirdparty.

Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being ofminors.

Your Contributions do not include any offensive comments that are connectedto race, national origin, gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, anyprovision of these Legal Terms, or any applicable law or regulation.

use of the Services in violation of the foregoing violates these Legal Terms andmay result in, among other things, termination or suspension of your rights to use theServices.

9. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any informationand personal data that you provide following the terms of the Privacy Policy and yourchoices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree thatwe can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Services.You are solely responsible for your Contributions to the Services and you expresslyagree to exonerate us from any and all responsibility and to refrain from any legalaction against us regarding your Contributions.

10. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites("Third-Party Websites") as well as articles, photographs, text, graphics, pictures,designs, music, sound, video, information, applications, software, and other contentor items belonging to or originating from third parties ("Third-Party Content"). SuchThird-Party Websites and Third-Party Content are not investigated, monitored, orchecked for accuracy, appropriateness, or completeness by us, and we are notresponsible for any Third-Party Websites accessed through the Services or anyThird-Party Content posted on, available through, or installed from the Services,including the content, accuracy, offensiveness, opinions, reliability, privacy practices,or other policies of or contained in the Third-Party Websites or the Third-PartyContent. Inclusion of, linking to, or permitting the use or installation of any Third-PartyWebsites or any Third-Party Content does not imply approval or endorsement thereofby us. If you decide to leave the Services and access the Third-Party Websites or touse or install any Third-Party Content, you do so at your own risk, and you should beaware these Legal Terms no longer govern. You should review the applicable termsand policies, including privacy and data gathering practices, of any website to whichyou navigate from the Services or relating to any applications you use or install fromthe Services. Any purchases you make through Third-Party Websites will be throughother websites and from other companies, and we take no responsibility whatsoeverin relation to such purchases which are exclusively between you and the applicablethird party. You agree and acknowledge that we do not endorse the products orservices offered on Third-Party Websites and you shall hold us blameless from anyharm caused by your purchase of such products or services. Additionally, you shallhold us blameless from any losses sustained by you or harm caused to you relatingto or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

11. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violationsof these Legal Terms; (2) take appropriate legal action against anyone who, in oursole discretion, violates the law or these Legal Terms, including without limitation,reporting such user to law enforcement authorities; (3) in our sole discretion andwithout limitation, refuse, restrict access to, limit the availability of, or disable (to theextent technologically feasible) any of your Contributions or any portion thereof; (4) inour sole discretion and without limitation, notice, or liability, to remove from theServices or otherwise disable all files and content that are excessive in size or are inany way burdensome to our systems; and (5) otherwise manage the Services in amanner designed to protect our rights and property and to facilitate the properfunctioning of the Services.

12. PRIVACY POLICY

We care about data privacy and security. Please review our PrivacyPolicy: http://www.fauxwrist.com/policy. By using the Services, you agree to bebound by our Privacy Policy, which is incorporated into these Legal Terms. Please beadvised the Services are hosted in the United States. If you access the Services fromany other region of the world with laws or other requirements governing personaldata collection, use, or disclosure that differ from applicable laws in the UnitedStates, then through your continued use of the Services, you are transferring yourdata to the United States, and you expressly consent to have your data transferred toand processed in the United States.

13. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICEOR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDINGBLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON ORFOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGALTERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE

ANY CONTENTOR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, INOUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowed name,or the name of any third party, even if you may be acting on behalf of the third party.In addition to terminating or suspending your account, we reserve the right to takeappropriate legal action, including without limitation pursuing civil, criminal, andinjunctive redress.

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at anytime or for any reason at our sole discretion without notice. However, we have noobligation to update any information on our Services. We also reserve the right tomodify or discontinue all or part of the Services without notice at any time. We will notbe liable to you or any third party for any modification, price change, suspension, ordiscontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experiencehardware, software, or other problems or need to perform maintenance related to theServices, resulting in interruptions, delays, or errors. We reserve the right to change,revise, update, suspend, discontinue, or otherwise modify the Services at any time orfor any reason without notice to you. You agree that we have no liability whatsoeverfor any loss, damage, or inconvenience caused by your inability to access or use theServices during any downtime or discontinuance of the Services. Nothing in theseLegal Terms will be construed to obligate us to maintain and support the Services orto supply any corrections, updates, or releases in connection therewith.

15. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed inaccordance with the laws of

the Commonwealth of Kentucky applicable to agreements made and to be entirely performed within the Commonwealth of Kentucky, without regard to its conflict of law principles.

16. DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the"Parties" and individually, a "Party") shall be commenced or prosecuted in the stateand federal courts located in Campbell County, Kentucky, and the Parties herebyconsent to, and waive all defenses of lack of personal jurisdiction and forum nonconveniens with respect to venue and jurisdiction in such state and federal courts.Application of the United Nations Convention on Contracts for the International Saleof Goods and the Uniform Computer Information Transaction Act (UCITA) areexcluded from these Legal Terms. In no event shall any claim, action, or proceedingbrought by either Party related in any way to the Services be commenced more thanone (1) years after the cause of action arose.

17. CORRECTIONS

There may be information on the Services that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, and variousother information. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information on the Services at any time,without prior notice.

18. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TOTHE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THECONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THESERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FORANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ANDMATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THESERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURESERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ORFINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION ORCESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TOOR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORSOR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANYCONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIATHE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OROFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANYBANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR INANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ASWITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUMOR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WEHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, and employees, fromand against any loss, damage, liability, claim, or demand, including reasonableattorneys’ fees and expenses, made by any third party due to or arising out of:

(1)use of the Services; (2) breach of these Legal Terms; (3) any breach of yourrepresentations and warranties set forth in these Legal Terms; (4) your violation ofthe rights of a third party, including but not limited to intellectual property rights; or (5)any overt harmful act toward any other user of the Services with whom youconnected via the Services. Notwithstanding the foregoing, we reserve the right, atyour expense, to assume the exclusive defense and control of any matter for whichyou are required to indemnify us, and you agree to cooperate, at your expense, withour defense of such claims. We will use reasonable efforts to notify you of any suchclaim, action, or proceeding which is subject to this indemnification upon becomingaware of it.

21. USER DATA

We will maintain certain data that you transmit to the Services for the purpose ofmanaging the performance of the Services, as well as data relating to your use of theServices. Although we perform regular routine backups of data, you are solelyresponsible for all data that you transmit or that relates to any activity you haveundertaken using the Services. You agree that we shall have no liability to you forany loss or corruption of any such data, and you hereby waive any right of actionagainst us arising from any such loss or corruption of such data.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constituteelectronic communications. You consent to receive electronic communications, andyou agree that all agreements, notices, disclosures, and other communications weprovide to you electronically, via email and on the Services, satisfy any legalrequirement that such communication be in writing. YOU HEREBY AGREE TO THEUSE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHERRECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ANDRECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THESERVICES. You hereby waive any rights or requirements under any statutes,regulations, rules, ordinances, or other laws in any jurisdiction which require anoriginal signature or delivery or retention of non-electronic records, or to payments orthe granting of credits by any means other than electronic means.

23. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the ComplaintAssistance Unit of the Division of Consumer Services of the California Department ofConsumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

24. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Servicesor in respect to the Services constitute the entire agreement and understandingbetween you and us. Our failure to exercise or enforce any right or provision of theseLegal Terms shall not operate as a waiver of such right or provision. These LegalTerms operate to the fullest extent permissible by law. We may assign any or all ofour rights and obligations to others at any time. We shall not be responsible or liablefor any loss, damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these Legal Terms isdetermined to be unlawful, void, or unenforceable, that provision or part of theprovision is deemed severable from these Legal Terms and does not affect thevalidity and enforceability of any remaining provisions. There is no joint venture,partnership, employment or agency relationship created between you and us as aresult of these Legal Terms or use of the Services. You agree that these Legal Termswill not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these LegalTerms and the lack of signing by the parties hereto to execute these Legal Terms.

25. CONTACT US

In order to resolve a complaint regarding the Services or to receive furtherinformation regarding use of the Services, please contact us at:

Tenth Street Watch Company

Newport, KY

United States

josh@fauxwrist.com