WATCH GANG TERMS OF SERVICE

Welcome to Watch Gang! WG Collective LLC (“Watch Gang” or “Company”) is the developer and operator of the website www.WatchGang.com and www.watchtext.com (the individually a “Site,” or collectively, the “Sites”).

Please read these Terms of Service (“Terms of Service,” or “Terms”) fully and carefully before using the Site and the services, features, content, applications, or products (collectively, the “Services”) offered by Watch Gang, or accessing any other Watch Gang “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.

These Terms create a legally binding agreement between you and Watch Gang, and they affect your legal rights and obligations. These Terms also require the use of arbitration on an individual basis to resolve disputes, and thus waive any rights you may have to use of courts, jury trials, or class action procedures (as detailed in Section 20). 

1. ACCEPTANCE OF TERMS OF SERVICE.

1. By registering and/or using the Services on these Sites in any manner, including, accessing, visiting, browsing or using these Sites, 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 Sites. By using the Sites, you acknowledge and agree that have read, understood, and agree to these Terms, and all other operating rules, policies, and procedures published on the Sites by Watch Gang.
2. Watch Gang reserves the right to revise these Terms at any time by posting such updated terms to its Sites without additional notice to you. Your use of the Sites and Services constitutes your acceptance to these Terms 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 is a further agreement to the Watch Gang Privacy Policy (“Privacy Policy”), available by clicking this link, and which is incorporated herein by reference.

2. USE LICENSE. Subject to these Terms, the Company grants you a personal, limited, non-transferable, and non-exclusive license to use the Sites, and access the Content, but solely for the purposes of using the Services. You may not otherwise copy, modify, or distribute the contents of the Sites 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 Sites, in whole or in part. You are responsible for your own communications, including the transmission, uploading or posting of information to the Sites, and are responsible for the consequences of such communications. Any other use of the Sites, Services, or Content requires the prior written consent of Watch Gang.
3. RULES OF CONDUCT.

1. As a condition to your use of the Sites 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;
2. As a condition to your use of the Sites and/or Services, you agree that you will not post any information which is untrue, inaccurate or not your own;
3. As a condition to your use of the Sites and/or Services, you agree that you will not engage in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
4. As a condition to your use of the Sites and/or Services, you agree that you will not attempt to interfere in any way with the Sites or Services, Watch Gang’s network security, or attempt to use the Sites to gain unauthorized access to any other computer system; and
5. As a condition to your use of the Sites and/or Services, 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 Sites. Further, you agree to not use any such automated means to manipulate the Sites, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt the Sites or any other user's use of the Sites, including, without limitation, via means of overloading, “flooding,” “mailbombing,” or “crashing” the Sites, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. Additionally, you agree not to frame portions of the Sites within another web sites or resell use of, or access to, the Sites to any third party without the prior written consent of Watch Gang.
6. 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, 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 Sites and/or Services, and the public.

4. AVAILABILITY. Watch Gang does not guarantee that any Content or Services made available on the Sites will remain or continue to be available on the Sites. 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.
5. REGISTRATION AND PASSWORDS.  To sign up for the Services on the Sites and become a “Member,” as defined in any applicable 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 Sites 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, 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 under applicable 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 Sites. 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 WG Collective LLC All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Sites. All rights not granted under these Terms are reserved by Watch Gang.
7. TRANSACTIONS.

1. Registered users of the Sites (“Members”) may purchase product(s) or Services available on the Sites (“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 Sites 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 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.
2. All Content and/or Services described or depicted on the Sites 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 Sites 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 the Sites. 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

1. Some of the Services offered on the Sites, 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 Websites, or during a Transaction are incorporated into these Terms by reference.
2. 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, 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 is entering into a binding contract with Watch Gang and agrees to pay all charges that may be incurred by the Member through the Sites, 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, the Member remains 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.
3. 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.
4. THE PAID SERVICES OFFERED ON THE SITES, 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.
5. UNLESS THE MEMBER CANCELS THE MEMBERSHIP PLAN PRIOR TO THE TIME OF BILLING FOR A TRANSACTION, WHICH CAN BE DONE BY EMAILING [email protected]. 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.
6. 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]. CASH REFUNDS WILL NOT BE ISSUED FOR ENDING A PREPAID MONTHLY SUBSCRIPTION EARLY. FOR WATCH SUBSCRIPTIONS, WE WILL ONLY CONVERT ANY REMAINING SHIPMENTS INTO ACCOUNT CREDIT IN THE FORM OF WATCH GANG POINTS.
7. Any Member that enters into a Transaction must provide current, complete, and accurate information for the Member’s billing account on the Sites. 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 disclosure or use of the Member’s username or password. Changes to such information must be made at the Sites. 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.
8. Watch Gang reserves the right to revoke a Membership Plan at any time as a result of violation of these Terms or the Privacy Policy.
9. All sales are final with no refunds, returns or exchanges. Renewals must be cancelled prior to your rebill date. Points and watches purchased from the "Wheel of Watches" are all final sale with no refunds, returns or exchanges.
10. Watches purchased from the "Wheel of Watches" and Member Store are all final sale with no refunds, returns or exchanges.
11. In the event of a refund, Watch Gang is only responsible to return funds either back to the original form of purchase or as store credit. No cash refunds are allowed.
12. In the event that any order is returned to us as “Return to Sender,” including, without limitation, due to an incorrect or incomplete address, refusal of delivery, or failure to claim the package, we reserve the right, in our sole discretion, to issue either store credit or a refund. Any such credit or refund will be reduced by (i) the cost of return shipping, calculated as the original shipping amount paid at the time of purchase, and (ii) a restocking fee of ten dollars (USD $10.00). These deductions will be applied prior to the issuance of any credit or refund. All shipping charges are non-refundable.

9. GIFT SUBSCRIPTIONS. A Membership Plan may be gifted to another person (“Gift Membership Plan”). Such Gift Membership Plans are subject to these Terms, 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 Sites 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 Sites will be available.
11. CONTRIBUTED CONTENT GUIDELINES. By submitting or posting any materials or content on the Sites, 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, 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 Sites. THE SITES, AND ALL CONTENT, MERCHANDISE, PAID SERVICES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THESE SITES 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 THESE SITES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THESE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THESE SITES 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 these Sites. 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 Sites 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 third party claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Sites, 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 THESE SITES BE LIABLE TO YOU OR ANY USER OF THE SITES 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 SITES, 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 THESE SITES 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 Sites.
16. INTERNATIONAL USE. Watch Gang controls and operates the Sites from the United States. Watch Gang makes no representation that materials on the Sites are appropriate or available for use outside the United States. If you choose to access this Sites 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 Sites 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 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 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.
19. GOVERNING LAW. The laws of the State of California shall govern these Terms without regard to conflict of laws provisions.
20. DISPUTE RESOLUTION/AGREEMENT TO ARBITRATE.

You should review this provision carefully.  This arbitration provision limits your and Watch Gang’s ability to litigate claims in court and you and Watch Gang each agree to waive your respective rights to a jury trial.

13. Applicability.  This Dispute Resolution Policy/Agreement to Arbitrate (“Agreement”) is part of the contracts between you and Watch Gang.  References to “Watch Gang,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; our respective predecessors in interest, successors, and assigns (including WG Collective LLC and its subsidiaries and affiliates); and all authorized or unauthorized users or beneficiaries of Watch Gang’s products or services under this or prior Agreements between us.  
14. Agreement.  Watch Gang agrees to be bound by this Agreement and, by checking a box indicating that you have agreed to these Terms, you hereby consent to this Agreement.
15. Covered Claims. This Agreement is intended to be broadly interpreted to govern resolution of any dispute, controversy, or claim, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other matter that arises out of or relates in any way to the relationship between you and Watch Gang, or your use and/or purchase of any Watch Gang product, service, or website (“Dispute”).  For the avoidance of doubt, covered claims include, but are not limited to, claims that arose between you and Watch Gang before this or any prior Agreement was entered into (including, but not limited to, claims relating to advertising), and any claims that may arise after the termination of this Agreement.
16. Informal Resolution.  If a dispute arises between you and Watch Gang, you agree to first provide Watch Gang with notice of your complaint via email to [email protected] with an email entitled “LEGAL DISPUTE” so that the parties may attempt to resolve the dispute informally within 60 days from the date your complaint is received.
17. Arbitration.

1. If a Dispute cannot be resolved through informal resolution, with the exception of Excluded Claims, the Dispute shall be finally and exclusively resolved by binding arbitration in accordance with this Agreement.
2. Any arbitration under this Agreement shall be conducted by JAMS and arbitrated by one arbitrator in accordance with the Streamlined Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Service (“JAMS”). The JAMS Rules are available for review on JAMS's website at https: //www.jamsadr.com/adr-rules-procedures/. To the extent the JAMS Rules directly conflict with any provision or aspect of this Agreement, this Agreement shall control. The arbitrator’s decision shall be final and binding. The arbitrator shall have the power to award any types of legal or equitable relief that would be available under applicable law, shall issue a written decision including the arbitrator’s essential findings and conclusions and a statement of the award, and shall have the authority to compel adequate discovery for the resolution of the dispute, which shall be at least the default discovery provided for under the JAMS rules.  If you are an individual consumer, then the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness shall apply.  If, for any reason, JAMS is unable to administer the arbitration, you may file your Dispute with any national arbitration company under the applicable Rules of the American Arbitration Association.
3. If you are an individual consumer and you are located within the United States, the arbitration shall, at your election, take place in the county and state of your residence. Additionally, any arbitration proceedings may be conducted in person, through submission of documents, by phone, and/or online, through agreement of the parties or by order of the arbitrator.  The claims in the arbitration shall be governed by the laws of the state of your residence.
4. If you are an individual consumer, then Watch Gang will pay all arbitration administrative fees and costs, including the costs of the arbitrator, with the sole exception of the filing fee required for you to initiate a claim (which shall not exceed $250).
5. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the provisions of the Federal Arbitration Act (9 U.S.C., Sections 1-14) shall apply to the construction, interpretation, and enforceability of this provision notwithstanding any other choice of law provision contained in this or any other agreement, including the Terms of Service. Both the procedural and substantive provisions of the FAA shall apply. Questions of arbitrability (including the way the Agreement was formed, its applicability, its scope, meaning, enforceability, validity, rescission, waiver of the right or obligation to arbitrate, or any claim that all or part of this Agreement is void or voidable) shall be decided by the arbitrator. For the avoidance of doubt, the intent of this agreement is to clearly and unmistakably delegate all questions of arbitrability to an arbitrator and provide that such questions shall not be decided by a court.  Likewise, procedural questions which grow out of the dispute and bear on the final disposition are also matters for the arbitrator.

18. Waiver of Class Action and Representative Claims.

1. YOU AND WATCH GANG AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT ANY CLAIMS BROUGHT UNDER THIS AGREEMENT MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF, CLAIMANT, PRIVATE ATTORNEY GENERAL, OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE OR REPRESENTATIVE ACTION, NOR JOINED OR CONSOLIDATED WITH THE CLAIMS OF ANY OTHER PERSON OR ENTITY.
2. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding.
3. The intent of this Agreement is that disputes between You and Watch Gang be resolved in arbitration and on an individual basis to the full extent permitted by applicable law.  
4. This provision does not bar the assertion of individual claims to public injunctive relief in arbitration.  

19. Excluded Claims

1. You and Watch Gang agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:

1. Any Dispute seeking to enforce or protect, or concerning the validity of, any of Watch Gang’s intellectual property rights;
2. Any claim seeking only individualized relief within the jurisdictional limits of the small claims courts so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction;
3. Actions for a preliminary injunction or temporary restraining order from a federal or state court as necessary to maintain the status quo pending final resolution in arbitration. However, after such request for relief has been adjudicated by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth in this Agreement.

2. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

20. Severability.  You and Watch Gang agree that if any portion of this Arbitration Agreement (Section 20) is found illegal or unenforceable, such portion shall be severed and the remainder of this Section 20 shall be given full force and effect. Any Dispute subject to any such portion of the Arbitration Agreement shall be decided by the arbitrator.

21. WATCH GANG POINTS:

1. Reward Points: Watch Gang may, on occasion, gift Reward points to members. Unused points earned through awards, gifts, or referrals, etc., expire at the time provided when the points are issued or, if a timeframe has not been defined, 12 months after being added to your account.
2. Referral Points: To qualify for Watch Gang Points, you can refer new customers to Watch Gang. Watch Gang’s policy is to provide you with 50 "Watch Gang Points" for each referred NEW member. A "referred member" is defined as a new customer to Watch Gang, and who purchases a Subscription Plan through your referral link, and who has never previously purchased a Subscription Plan for him/herself or as a Gift Subscription Plan. You and your friend will both receive 50 points which can be used to spin "The Wheel of Watches" or as a credit for your future renewals. 50 points are worth $25 in renewal credits on future renewals. Points are NOT redeemable for cash and have no value outside of WatchGang.com. Points are forfeited upon your cancellation of membership and are not transferable. Members cannot use their own referral link to purchase Gift Subscription Plans. Unused points earned through referrals, etc., expire 12 months after being added to your account.
3. Purchased Points: Points purchased can be used to purchase items from The Wheel of Watches and The Watch Gang Store. Unused purchased points expire 5 years after the purchase date.
4. Points Usage: Purchased points are used prior to all other point types via the First In First Out (FIFO) method for every transaction. Reward and Referral Points are then applied to any remaining balance, also via the First In First Out (FIFO) method.

22. WINNING MEMBERS. Any Member of Watch Gang who wins the Watch Gang Rolex or TAG 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 or TAG 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.
23. HEADINGS. The Section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
24. CONTACT. You may contact Watch Gang at [email protected].
25. SMS AND AUTO DIALED CALLS. By filling out a Watch Gang or Watch Text profile, you expressly request to receive information, via telephone call, email and text/SMS message (including through the use of an automatic telephone dialing system or artificial/prerecorded voice, SMS or MMS (text) messages, even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list). Consent is not a requirement to *purchase goods Watch Gang offers*. SMS messages will consist of marketing-related deals, customer information updates and cart abandon reminders. Standard text message rates and cellular data charges apply. You may opt-out by replying “STOP” to any message you receive, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword ‘HELP’ for more assistance, or you can get help directly at (844) 413-7017. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency is recurring. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy or SMS terms, please read our privacy policy: https://www.watchgang.com/privacy and SMS Terms and Conditions: http://attn.tv/watchtext/terms.html
26. EMAIL COMMUNICATION. By filling out a Watch Gang or WatchText profile, *including filling out any person information*, you opt in to Watch Gang occasionally sending you newsletters and emails regarding special offers, promotions, features and/or product updates as well as general marketing emails. We may also communicate with you on behalf of third parties about special offers, promotions, features and/or product updates we think may be of interest to you, or you may have opted-in to receive newsletters or special promotions from one of our trusted third party providers. If you decide you do not wish to receive these communications, you may opt-out by clicking the unsubscribe link or by following the instructions included in the communication. *Note, however, that as a user of our Services* you cannot opt-out of some administrative communications that are reasonably necessary to the Services, such as billing, *subscription,* or service notifications. You may also opt-out of certain targeted advertising by emailing [email protected].
27. Store Purchase Disclaimer (Knives, Axes)
    YOU MUST BE 18 OR OLDER TO ORDER KNIVES OR AXES FROM WATCHGANG.COM
    Watch Gang sells knives and related merchandise (collectively, the "Merchandise") only to individuals who can legally purchase and own such items in the particular jurisdiction where they reside. Your purchase of Watch Gang Merchandise, whether in person, by telephone, by mail, by fax, or over the Internet, legally binds you and your heirs, assigns, transferees, and personal representatives as follows:
    RELEASE, ASSUMPTION OF RISK, AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
    When you order and purchase Merchandise from Watch Gang, you represent that you are of legal age to purchase the Merchandise ordered and that the Merchandise can be purchased and owned in your country, state, county, and/or city of residence. By offering Merchandise for sale, Watch Gang does not represent or warrant that any specific purchaser may legally purchase, own, or possess the Merchandise ordered. CHECK YOUR LOCAL LAWS! Knives and related Watch Gang Merchandise may be dangerous, even deadly, if used improperly, negligently, and/or illegally. When you purchase Merchandise from Watch Gang, you agree that you will use the purchased Merchandise in a safe and legal manner, consistent with all applicable laws, recognized safety rules, and good common sense. You further agree that you will train and supervise minors in the use of Watch Gang Merchandise and that you will take such steps as may be reasonably necessary or required by applicable law to keep Watch Gang Merchandise out of the hands of minors and untrained and/ or immature individuals. When you purchase Merchandise from Watch Gang, you agree to assume all risks related to and/or arising from your ownership and use of the Merchandise and agree to indemnify and hold Watch Gang harmless from any and all claims brought by any person or entity against Watch Gang related to and/or arising from your ownership and/or use of the Merchandise.