Calibrating your experience
TimeAuthentic LLC
Effective October 1, 2026 · Version 1.1
These Terms and Conditions ("Terms") form a binding agreement between you and TimeAuthentic LLC ("TimeAuthentic," "we," "us," or "our") governing your access to and use of TimeAuthentic.com, the TimeAuthentic marketplace, authentication and service workflows, TimeAuthentic Watch Passport functionality, community features, subscriptions, WristMarket features made available through the shared account system, and other TimeAuthentic services (collectively, the "Services").
You agree to these Terms by creating an account and affirmatively selecting the required checkbox stating: "I agree to the terms and conditions". The checkbox is presented unchecked. Your electronic acceptance has the same force and effect as your signature on a written agreement to the fullest extent permitted by applicable law. By agreeing to these Terms, you also consent to the use of electronic records, electronic signatures, and electronic communications in connection with your account, transactions, and Services.
TimeAuthentic's Privacy Policy is a notice describing how TimeAuthentic collects, uses, discloses, retains, and protects personal information. The Privacy Policy is not part of the contractual acceptance checkbox and is not presented as an agreement that you are required to accept, except where applicable law requires separate affirmative consent for a particular data practice.
Certain activities may require a separate agreement, authorization, confirmation, or election. These may include accepting the TimeAuthentic Pre-Sale Agreement before submitting a watch for listing; authorizing payment; accepting a material discrepancy; authorizing service work or specific replacement parts; enrolling in a recurring subscription; entering into a High-Value Transaction; transferring a TimeAuthentic Watch Passport; or declining outbound shipping insurance where permitted. Such transaction-specific actions do not replace these Terms and become part of the record governing the applicable transaction or service.
You must be at least 18 years old and legally capable of entering into a binding contract to create or maintain a TimeAuthentic account. Public content may be viewed without an account where TimeAuthentic permits it.
You must provide accurate account information and keep it reasonably current. You are responsible for maintaining the confidentiality of your credentials and for activity conducted through your account, except to the extent caused by TimeAuthentic. TimeAuthentic may use reasonable security controls, including authentication challenges and multifactor authentication for sensitive functions.
TimeAuthentic may establish individual, dealer, watchmaker, administrative, or other account types and may limit features according to account status, role, geographic availability, verification, or legal requirements. Account access does not guarantee listing approval, transaction completion, seller status, subscription benefits, or continued access to any particular feature.
At launch, transactional Services are offered only within the 50 United States and the District of Columbia. TimeAuthentic does not support U.S. territories, APO/FPO addresses, post-office boxes, freight forwarders, package lockers, hotels, or temporary delivery locations. High-value deliveries must use a verified residential or commercial address or an approved secure handoff location.
For a third-party marketplace watch, the third-party seller is the underlying seller of the watch. TimeAuthentic provides the marketplace, catalog and transaction workflow, collects buyer funds into TimeAuthentic's payment account, coordinates authentication, records transaction status, and authorizes seller payment after applicable conditions are satisfied. TimeAuthentic is not the underlying owner or seller of a third-party watch unless the listing expressly identifies TimeAuthentic as the owner or seller.
TimeAuthentic uses Stripe Checkout to process watch and gear payments. Watch purchases use ACH and gear purchases use card payment unless TimeAuthentic expressly provides another method. Payment credentials are provided directly to Stripe and are not stored by TimeAuthentic. TimeAuthentic may hold transaction funds pending completion of authentication and other transaction conditions. Seller payment is made by TimeAuthentic after release is recorded.
TimeAuthentic is not a bank, licensed escrow company, money transmitter, shipping carrier, or insurer. Shipping insurance made available through TimeAuthentic is provided under a third-party insurance arrangement, even when presented through a TimeAuthentic-branded or white-labeled workflow.
Before submitting each watch listing, the seller must review and affirmatively accept the then-current TimeAuthentic Pre-Sale Agreement through a separate unchecked checkbox linked directly to that agreement. TimeAuthentic records the applicable agreement version and the seller's timestamped acceptance. The seller is not required to open or scroll through the linked agreement as a condition of acceptance, but the agreement remains available for review before the seller checks the acceptance box.
By submitting a watch for listing and accepting the Pre-Sale Agreement, the seller represents and warrants that the seller owns the watch or has full legal authority to sell it; the watch is free of undisclosed liens, security interests, ownership claims, or other restrictions on transfer; and the seller is not knowingly submitting stolen, counterfeit, fraudulently altered, or unlawfully possessed property.
The seller represents that all material information supplied in connection with the listing is accurate to the best of the seller's knowledge and that the seller has disclosed all known material information concerning condition, authenticity, originality, service history, replacement or service parts, aftermarket parts, damage, modifications, functionality, provenance, included accessories, documentation, and completeness.
The seller must accurately identify or provide, when requested and reasonably available, the watch's reference, configuration, serial information, photographs, warranty card or papers, box, hang tags, service records, accessories, and other information or materials represented as included. A seller may not knowingly alter, obscure, remove, substitute, fabricate, or falsify identifying marks, serial information, documentation, provenance information, accessories, or other evidence relevant to authentication or sale.
TimeAuthentic may reject, pause, remove, reclassify, or require modification of any listing for authentication, condition, title, fraud, safety, legal, catalog, pricing, or marketplace-quality reasons. Approval of a listing for publication does not constitute authentication of the watch or any accompanying documentation or accessories.
You retain ownership of original photographs and other content you upload, subject to the license granted here. By uploading watch photographs, you represent that you own the photographs or otherwise have sufficient rights to grant this license. You grant TimeAuthentic LLC a nonexclusive, worldwide, royalty-free, transferable and sublicensable license to host, reproduce, store, archive, resize, crop, edit for presentation, display, distribute within TimeAuthentic-operated services, and reuse those watch photographs for listings, catalog and reference pages, hero imagery, TimeAuthentic Watch Passport and provenance displays, editorial content, and related TimeAuthentic and WristMarket content. This license survives the end of the listing, completion of a sale, and deletion of your account when the image has been incorporated into catalog, provenance, transaction, editorial, or other TimeAuthentic or WristMarket records or assets.
A buyer must provide accurate transaction and delivery information, authorize payment, use an eligible ACH account for watch purchases, maintain sufficient funds, cooperate with payment and fraud review, receive the shipment at an approved address or secure handoff location, and comply with claim-preservation requirements when reporting a problem.
A buyer may not abuse ACH return processes, assert a false unauthorized-payment claim, swap parts, alter a watch and then claim it was received in that condition, or otherwise use payment, shipping-insurance, refund, or dispute mechanisms fraudulently. Proven buyer fraud may result in recovery actions and account enforcement.
For watch purchases, "ACH cleared" means Stripe shows the required payment as successfully completed. A payment shown as processing, pending, failed, or expired is not cleared. A seller should not ship a marketplace watch to TimeAuthentic until TimeAuthentic indicates that payment conditions are satisfied.
Once TimeAuthentic authenticates the watch, confirms that the watch is eligible for the transaction, and obtains any required buyer acceptance of a material permitted discrepancy, the seller's ordinary transaction obligation is complete and TimeAuthentic records release of seller proceeds. TimeAuthentic targets payment to the seller within seven days after release. Seller proceeds are paid by ACH to a bank account in the seller's own legal name or verified business name. TimeAuthentic does not ordinarily pay watch-sale proceeds by cash, check, PayPal, Venmo, or a third party's bank account.
TimeAuthentic does not maintain a routine post-authentication seller reserve. Later buyer-side, delivery-side, or TimeAuthentic-side issues do not ordinarily delay or reverse a seller's completed payout. This does not release a seller from liability for later-proven fraud, false title, knowing counterfeit or stolen-property conduct, collusion, intentional concealment, falsified documentation, or other material fraud designed to evade TimeAuthentic's process.
Applicable prices, buyer fees, seller fees, authentication charges, shipping charges, shipping-insurance charges, service charges, subscription charges, and taxes are disclosed in the applicable workflow. Gear card purchases may include a separately disclosed processing charge of up to 2.5% where permitted by applicable law and payment-network rules.
A buyer fee is earned at checkout but is refunded when a watch transaction terminates due to the seller or TimeAuthentic. Seller fees are deducted from seller proceeds and are refundable when a transaction terminates due to the buyer or TimeAuthentic. Authentication and shipping charges follow the fault and transaction-failure rules stated in these Terms and the applicable transaction record.
When a watch transaction fails through no fault of the buyer, the buyer receives a refund of the purchase price, buyer fee, applicable tax, TimeAuthentic shipping charges, and buyer authentication charge, unless a specific lawful exception is disclosed. Internal processor costs do not reduce a buyer refund where TimeAuthentic has promised a full refund.
TimeAuthentic may calculate, collect, and remit taxes through Stripe or another tax service where required. TimeAuthentic does not ordinarily collect seller SSNs, EINs, W-9s, or 1099 information through the marketplace unless required for legal, tax, seller-verification, or payment-compliance purposes. If additional seller information becomes required, TimeAuthentic may collect and verify it as necessary.
A marketplace transaction is contingent on payment clearance, seller performance, TimeAuthentic intake, authentication, and resolution of material discrepancies. A watch sale becomes final when TimeAuthentic completes authentication, determines that the watch materially matches the accepted listing or other transaction description, and the buyer affirmatively accepts any new material permitted disclosure requiring reapproval.
If no material discrepancy is found, the transaction becomes final when TimeAuthentic marks the watch authenticated and approved. If a material discrepancy is found, the transaction becomes final only if and when the buyer accepts the disclosed condition, completeness, permitted part, service need, and any agreed price adjustment. There is no discretionary return right after a watch sale becomes final. This limitation does not eliminate the express remedies in these Terms for TimeAuthentic error, wrong-item delivery, timely shipping claims, or a timely authentication claim.
Watches owned and sold directly by TimeAuthentic follow the same final-sale framework unless the listing expressly provides a different rule.
TimeAuthentic authentication is a professional determination made from the watch and the evidence reasonably available to TimeAuthentic while the item is in TimeAuthentic's custody. A passing authentication determination means that, based on the examination performed and the evidence reasonably available at that time, the item appears to be consistent with authenticity within the reasonable professional scope of that examination.
TimeAuthentic uses experienced watchmaking and authentication personnel and reasonable professional authentication procedures appropriate to the particular watch. Questionable, unusual, technically difficult, or fringe cases may be escalated to or reviewed with additional experienced watchmakers, specialists, or other appropriate members of TimeAuthentic's professional network before TimeAuthentic reaches a determination.
The authentication process may include, as appropriate to the watch and circumstances, visual examination; case opening; movement inspection; examination of the dial, hands, case, bezel, bracelet, clasp, crown, pushers, movement components, engravings, hallmarks, reference and serial information; database or reference-material review; technical evaluation; timekeeping testing; photography; and model-appropriate water-resistance or pressure testing.
TimeAuthentic may also consider the totality of other evidence submitted or included with the watch. As appropriate and available, this may include warranty cards, papers, certificates, service documentation, hang tags, boxes, packaging, accessories, serial or reference information, provenance information, and other accompanying materials. Such materials may constitute evidence supporting or weighing against authenticity, but no single document, accessory, serial number, box, warranty card, or other item independently guarantees authenticity.
The watch market includes increasingly sophisticated counterfeit watches and components, including highly sophisticated counterfeits sometimes referred to as "superclones." Such items may imitate authentic cases, movements, components, markings, serial information, packaging, documents, warranty cards, accessories, or other characteristics with substantial accuracy.
Because of these limitations, no reasonable physical authentication process can guarantee detection of every counterfeit, substituted component, concealed defect, fraudulent document, or sophisticated reproduction in every circumstance. TimeAuthentic does not represent that its authentication process is infallible or that every counterfeit or altered item will necessarily be identified.
A material discrepancy is a difference that would reasonably affect the buyer's purchase decision, value assessment, or willingness to proceed, including a lower condition grade, missing represented box, papers, links, or accessories, undisclosed permitted manufacturer service parts, material polishing or refinishing, significant damage, a meaningful functional or timekeeping issue, or a component or configuration difference that remains eligible for sale. A disqualifying discrepancy includes counterfeit or suspected stolen status, Frankenwatch or composite construction not eligible for the marketplace, prohibited aftermarket identity-defining parts, altered or mismatched serial information, lack of title, severe undisclosed damage, fraudulent documentation, or inconclusive authentication.
When TimeAuthentic identifies a seller-attributable material discrepancy, the seller is not paid while the issue is pending. TimeAuthentic may revalue the watch or propose an adjusted transaction price. The buyer has 7 calendar days after disclosure to accept the watch at the existing price, accept an agreed lower price with an appropriate partial refund, or cancel for a full applicable refund. If the buyer does not affirmatively accept within 7 calendar days, the transaction is canceled.
When a seller-attributable material discrepancy requires buyer reapproval, repricing, or cancellation, the applicable seller authentication charge is nonrefundable because the authentication service was performed. For ordinary transactions at or below $100,000, the seller also owes a Material Discrepancy Processing Fee equal to 1.5% of the agreed transaction price, plus applicable return shipping. This charge addresses additional authentication administration, valuation, buyer communications, refund or payment adjustments, custody, and failed-transaction processing and is not intended as a punitive penalty. High-Value Transactions above $100,000 use a separately disclosed reasonable administrative or discrepancy fee based on handling burden rather than automatically applying 1.5% to the entire transaction value.
To the extent permitted by applicable law, TimeAuthentic may retain the affected watch until seller-caused discrepancy charges and return shipping are paid. If applicable law does not permit continued possession for collection of those amounts, the seller remains responsible for the amounts owed and TimeAuthentic may use other lawful collection remedies. Storage or vaulting charges may begin after 90 days where applicable.
Condition, originality, and completeness are separate concepts. A watch may have excellent cosmetic condition while containing a disclosed manufacturer service part. Box, papers, links, accessories, and full-set status are recorded separately from physical condition.
| Grade | Objective Standard |
|---|---|
| Mint Unworn | Stickered/new. No meaningful evidence of wear; original finishing intact; no visible scratches beyond possible handling marks; fully functional. Bracelet sizing and removed stickers, if any, must be disclosed. |
| Worn Excellent / Near Mint | Any watch that has been unstickered or worn but remains in exceptional condition. Extremely light handling wear or isolated hairlines; no dents, chips, deep scratches, or meaningful bracelet wear; fully functional; no immediate service need. |
| Very Good | Moderate visible wear; minor dings, scratches, bezel or crystal marks; moderate bracelet wear; fully usable; timing deviation or minor service recommendation disclosed. |
| Good | Obvious wear, scratches, dings, bracelet stretch, crystal or bezel wear; mechanically usable but may benefit from routine service; no concealed structural problem. |
| Fair | Heavy wear, significant marks, chips, pronounced bracelet stretch, functional defect, or immediate service requirement; eligible only with prominent disclosure and buyer acceptance. |
| Poor | Not marketplace eligible. Includes unresolved authenticity or title issue, prohibited parts, active moisture intrusion, major structural damage, unsafe condition, or condition unsuitable for a completed authenticated sale. |
TimeAuthentic does not use a separate "Near New" tier. Any watch that has been unstickered or worn must be graded Worn Excellent / Near Mint or lower. Appropriate vintage patina, fading, and age-consistent wear do not automatically lower a grade, but corrosion, active moisture, unstable lume, structural damage, and material deterioration do. Polishing, refinishing, reluming, restoration, and service parts are disclosed separately.
Routine service components such as gaskets and mainsprings may be present or replaced without special disclosure where appropriate. Crystals, hairsprings, and material movement components may be acceptable when genuine or appropriate and disclosed. Properly disclosed third-party straps and buckles may be permitted. Genuine manufacturer service parts may be permitted with prominent disclosure.
TimeAuthentic does not permit marketplace sale of Frankenwatches, invented configurations, counterfeit components, altered identifying parts, or prohibited aftermarket dials, cases, signed hands, bezels, or primary identity-defining movement components. A Frankenwatch or materially fabricated configuration fails marketplace authentication. Knowing or malicious attempts to sell counterfeit, stolen, or deliberately deceptive composite property may result in permanent account action and legal referral.
TimeAuthentic prohibits the knowing submission of counterfeit, stolen, fraudulently altered, unlawfully possessed, or materially deceptive property.
If TimeAuthentic reasonably suspects that a watch, component, document, accessory, serial number, provenance record, or other submitted material is counterfeit, stolen, fraudulently altered, falsified, subject to an adverse ownership claim, or connected to unlawful activity, TimeAuthentic may suspend or terminate the transaction; withhold seller payment; preserve the watch and related evidence; restrict related TimeAuthentic Watch Passport activity or transfers where lawful; restrict or terminate the account; and communicate or cooperate with law enforcement, insurers, manufacturers, authentication databases, affected owners, or other appropriate parties as permitted or required by law.
TimeAuthentic may refuse to release or return property when prohibited by applicable law, court order, insurer instruction, or lawful government direction. Authentication, shipping, investigative, storage, administrative, and related charges may be nonrefundable to the extent permitted by law when a failed transaction or investigation results from counterfeit property, false title, fraudulent alteration, falsified documents, seller misrepresentation, intentional concealment, or other seller-caused misconduct.
TimeAuthentic does not obtain automatic ownership or forfeiture rights merely because property is suspected of being counterfeit, stolen, or unlawful. Property will be held, released, transferred, or otherwise handled only as permitted or required by applicable law and lawful direction.
Unless TimeAuthentic expressly provides a different shipping arrangement, the seller is responsible for arranging and paying for shipment of the watch to TimeAuthentic, using a trackable shipping method and providing requested tracking information. Inbound shipment remains at the seller's risk until the watch is physically received and documented into an authorized TimeAuthentic intake location. TimeAuthentic is not responsible for carrier loss, theft, disappearance, or damage occurring before documented TimeAuthentic intake except to the extent TimeAuthentic expressly assumes such responsibility in a separate written shipping arrangement. The seller is responsible for selecting any inbound insurance or protection considered appropriate unless TimeAuthentic expressly provides otherwise.
TimeAuthentic assumes contractual custody responsibility when the watch is physically received and documented into an authorized TimeAuthentic intake location, subject to these Terms, applicable insurance limitations, and applicable law. TimeAuthentic may photograph or record intake, handling, packaging, and carrier handoff for security, quality-control, insurance, authentication, claim, and dispute-resolution purposes.
TimeAuthentic provides tracking and requires appropriate delivery controls for outbound watch shipments, including adult signature where applicable and verified-address restrictions. Delivery may be restricted from post-office boxes, package lockers, hotels, freight forwarders, temporary addresses, unauthorized access points, or unauthorized rerouting.
Shipping insurance is included by default for eligible outbound watch shipments and any applicable charge is displayed in the cart before payment. A buyer may remove or deselect shipping insurance from the cart before proceeding to Stripe Checkout where TimeAuthentic permits an uninsured shipment. For any outbound watch order with a total purchase amount of $50,000 or greater, shipping insurance is mandatory and cannot be removed or deselected.
A buyer who deselects shipping insurance must complete a separate affirmative acknowledgment before proceeding with checkout. Simply deselecting the insurance option is not sufficient. The buyer must affirmatively select "I understand and agree," or equivalent affirmative acceptance language, after being shown the following statement:
Transactions above $100,000 are not processed through the ordinary marketplace flow and require a separately approved High-Value Transaction agreement or protocol. TimeAuthentic may require executive approval, enhanced identity and ownership verification, special payment instructions, secure transport, special insurance, appointment-based authentication, and controlled handoff.
The seller is responsible for getting the high-value watch to the designated TimeAuthentic office and retains inbound risk until documented TimeAuthentic intake. Authentication occurs at a TimeAuthentic office. The buyer pays by ACH and funds must reach the required successfully completed status before handoff. Seller proceeds are released when the watch is authenticated and any required buyer reapproval is completed. A second internal approval is required before seller payout on a transaction above $100,000.
TimeAuthentic may inspect a government-issued photo ID for buyer and seller identity verification in a High-Value Transaction but ordinarily does not retain a copy. TimeAuthentic records that identity was verified, when, by whom, and that the legal name matched the relevant account or bank information. ID copies may be retained only when required by law, an insurer, suspected fraud, or an active investigation. The seller must also provide reasonable evidence of ownership or authority to sell.
Buyer handoff may occur at the buyer's selected public bank or another approved secure financial, vault, or commercial location. TimeAuthentic may use secure courier, armored transport, two-person chain of custody, or other measures appropriate to the value. The exact transport method is determined for the transaction based on insurance, security, custody, and logistics constraints. Ordinary parcel shipment is not used where TimeAuthentic determines the value exceeds appropriate carrier or insurance limits.
A TimeAuthentic Watch Passport is a digital record associated with a particular watch and serial number. The term "TimeAuthentic Watch Passport" refers only to this watch-specific record and is not a government-issued personal travel or identity document. It may include authentication results, condition information, service history, transaction or transfer events, provenance information, media, and other non-personal watch history. A TimeAuthentic Watch Passport is not a government-issued certificate of title and does not independently prove current physical possession or ownership against a legally superior claim.
The current verified owner may access all TimeAuthentic Watch Passport data made available by TimeAuthentic, including serial number, TimeAuthentic Watch Passport identifier, service and authentication history, and associated media. Public display is limited to watch brand and model when the owner permits public display. Prospective buyers may view non-identifying authentication, condition, and service information during a sale but do not receive the serial number or TimeAuthentic Watch Passport identifier until the transaction is complete.
When a TimeAuthentic Watch Passport transfers, all transferable watch history follows the watch except the prior owner's personal information. Legitimate non-personal TimeAuthentic Watch Passport and provenance history is retained indefinitely while TimeAuthentic maintains the TimeAuthentic Watch Passport system.
TimeAuthentic-performed service and transaction entries cannot be deleted merely because an owner prefers to remove them. Erroneous information may be corrected, disputed TimeAuthentic Watch Passports may be frozen, and ownership disputes may require documentary evidence or legal process.
Lost, copied, compromised, mistaken-transfer, estate, offline-sale, recovered-stolen-watch, and similar edge cases may require TimeAuthentic to deactivate the existing TimeAuthentic Watch Passport and require purchase of a replacement TimeAuthentic Watch Passport or replacement card. When the issue was caused by TimeAuthentic, correction or replacement is provided without charge. TimeAuthentic Watch Passport cards, including replacement cards, are nonrefundable except where required by law.
Service intake may require a service-type-specific deposit. The deposit is credited toward the final service cost. Once TimeAuthentic completes intake or diagnostic work, the deposit is nonrefundable even if the customer declines the final service estimate. After diagnosis, TimeAuthentic issues a final estimate or invoice. The customer must pay the final invoice in full before service work begins.
TimeAuthentic honors the quoted and paid amount for the approved scope. If TimeAuthentic's actual internal cost for the approved scope is higher than expected, TimeAuthentic absorbs the difference. If previously undiscovered damage requires work outside the approved scope, TimeAuthentic treats it as a supplemental service and obtains separate documented authorization before performing that additional work.
Once approved service work begins, the service is nonrefundable and cannot be canceled mid-process. TimeAuthentic is not required to stop an active service and return a partially disassembled watch. If a supplemental issue is discovered, TimeAuthentic pauses only the additional unapproved work; the original approved service remains nonrefundable once begun.
General service authorization allows replacement of genuinely necessary internal mechanical and sealing components required to perform the approved service, including gaskets or seals, mainsprings, jewels, wheels, pinions, pallet forks, screws, bearings, winding components, and similar functional internal parts. Replacements must be reasonably necessary, not merely convenient.
TimeAuthentic's preferred hierarchy is: genuine manufacturer service part; genuine new-old-stock part; correct-period genuine donor part; high-quality compatible part only with specific owner approval; fabricated part only with specific owner approval. Material replacements are identified in the service record where appropriate.
Separate documented owner approval is required before replacement, refinishing, reluming, restoration, modification, or permanent alteration of a dial, hands, case, caseback, bezel or insert, crown, pushers, bracelet, clasp, strap or buckle, crystal, full movement or caliber, rotor or prominently signed bridge, engraving, or serial-bearing component. Polishing, refinishing, reluming, dial restoration, engraving repair, laser welding, and bracelet restoration are never bundled into general service authorization.
Customer-supplied parts may be used only after TimeAuthentic or its watchmaker inspects them and agrees to use them. The customer is responsible for shipping such parts. TimeAuthentic warrants its installation workmanship but does not warrant the authenticity, durability, or quality of customer-supplied parts. Material removed parts are returned when legally and contractually permitted; routine consumables such as damaged gaskets may be discarded.
If TimeAuthentic causes physical damage while a watch is in its custody, TimeAuthentic will notify the owner and applicable transaction parties, stop the affected transaction if necessary, obtain a documented repair assessment, and offer an appropriate remedy. Remedies may include repair at TimeAuthentic expense, compensation for demonstrable diminution in value that remains after repair, buyer cancellation without cost, or purchase of a materially compromised watch from the legal owner.
For a pending marketplace sale, if purchase by TimeAuthentic is the appropriate remedy, the intended acquisition price is the seller's contracted gross sale price before the TimeAuthentic seller fee. For stand-alone authentication or service, valuation may use an agreed declared value and supporting documentation, subject to applicable limits and insurance terms. This Section is an express remedy and controls over a conflicting general liability limitation to the extent stated in Section 30.
"Gear" means merchandise sold by TimeAuthentic that is not a third-party watch marketplace transaction or sale of TimeAuthentic-owned watch inventory. Eligible gear may be returned within 15 calendar days after delivery if unused, unworn, undamaged, complete, and otherwise return-eligible. Opening packaging solely to inspect an item does not by itself make the item ineligible.
Used or worn items, personalized or custom products, activated TimeAuthentic Watch Passport cards, replacement TimeAuthentic Watch Passport cards, and items clearly marked final sale are nonreturnable except where defective or required by law. TimeAuthentic Watch Passport cards are nonrefundable; a defective card may be replaced rather than refunded. TimeAuthentic provides and pays for an authorized return label. For an ordinary eligible return, TimeAuthentic refunds the merchandise price but not the original outbound shipping charge. For a defective item or TimeAuthentic error, TimeAuthentic refunds the merchandise price and original outbound shipping and covers return shipping.
Eligible refunds are issued to the original payment method after TimeAuthentic receives and inspects the return. TimeAuthentic targets issuance within seven business days after approval; financial-institution posting times may vary. Exchanges are processed as a return and refund of the original item and a separate new order for the replacement item.
TimeAuthentic may offer monthly, annual, complimentary, or product-specific subscriptions, including WristMarket or seller and watchmaker benefits. The price, billing frequency, renewal date, and included benefits are disclosed before enrollment. A recurring subscription renews until canceled as disclosed in the enrollment flow.
Ordinary cancellation takes effect at the end of the current paid billing period, and no prorated refund is provided for the unused portion of that period. If TimeAuthentic terminates a prepaid subscription without cause or materially fails to provide a paid core benefit, TimeAuthentic may provide an appropriate prorated or other refund. Complimentary or administratively granted subscriptions have no cash value and may be subject to separate expiration or revocation rules.
Free trials are optional and product-specific. Where offered, the trial length, conversion date, renewal price, and cancellation method will be displayed before enrollment. Price changes apply prospectively as disclosed, with advance notice where required by law. TimeAuthentic subscriptions do not guarantee sales volume, buyer interest, seller success, income, market appreciation, listing approval, or immunity from enforcement.
Community features may include public profiles, posts, comments, groups, and reactions. TimeAuthentic does not currently provide private direct messaging. Users retain ownership of original content they create, subject to the licenses granted in these Terms. Users may not post unlawful, fraudulent, infringing, harassing, threatening, deceptive, privacy-invasive, spam, or fee-circumvention content.
TimeAuthentic may moderate, remove, restrict, preserve, or investigate content; close groups; limit community features; and respond to reports. A negative opinion is not removed merely because it is unfavorable. Reviews must reflect genuine experiences; review extortion, fabricated reviews, coordinated manipulation, and undisclosed compensation are prohibited.
Users may not use TimeAuthentic posts, profiles, or other community features to divert an active marketplace transaction off-platform to avoid TimeAuthentic fees or protections. TimeAuthentic may maintain a copyright or DMCA complaint process and may remove content that infringes rights or violates policy.
When an account is deleted, the former user's profile and personal identity are removed from prior public community content where reasonably practicable, but posts and comments may remain in anonymized form, such as attributed to "Deleted User," to preserve discussion continuity, subject to removal when required for privacy, safety, or legal reasons.
TimeAuthentic may photograph watches it receives, authenticates, services, catalogs, stores, or otherwise handles and may use watch-only images created by TimeAuthentic for catalog and reference pages, hero imagery, TimeAuthentic Watch Passport and provenance, editorial content, and other TimeAuthentic-operated platform content. TimeAuthentic will use reasonable measures to remove or mask personal information, serial numbers, addresses, paperwork, and other identifying details before public reuse.
Authentication and service photography or video may be used internally for authentication, quality control, claims, security, records, dispute resolution, training, and service documentation. Public marketing use of a customer's face, voice, likeness, testimonial, or customer-associated service or authentication recording requires a separate affirmative opt-in. Declining optional marketing-media consent does not prevent use of TimeAuthentic Services.
TimeAuthentic may use de-identified seller-uploaded watch photographs and de-identified TimeAuthentic authentication photography or video to develop internal authentication, cataloging, or related machine-learning models. Personal information, identifying audio, and unnecessary serial or TimeAuthentic Watch Passport information are removed or excluded when practical before model development. Use of identifiable customer or seller media for AI development requires separate affirmative consent. TimeAuthentic does not currently send customer authentication media or customer personal information to third-party AI providers for model training.
TimeAuthentic may use education notices, account flags, feature restrictions, temporary suspensions, investigative holds, or permanent bans depending on severity, intent, repetition, fraud risk, safety, and legal obligations. A knowing counterfeit or stolen-property submission, identity fraud, fraudulent serial alteration, money laundering, hacking, credible threats, or repeated restriction evasion may justify immediate permanent action.
Where appropriate, a user may appeal an enforcement action within 15 days and provide supporting evidence. TimeAuthentic may use a different reviewer when practical and targets a response within 30 days. TimeAuthentic may limit details where disclosure would compromise security, another person's privacy, insurer rights, or a law-enforcement investigation. Linked-account enforcement requires a reasonable basis to determine that another account is controlled by the same person or business or is being used to evade restrictions.
Unpaid seller discrepancy charges alone do not ordinarily suspend general account use. To the extent permitted by law, TimeAuthentic may retain the affected watch until applicable charges are paid, or may pursue other lawful collection remedies.
TimeAuthentic Market Value is a proprietary market estimate intended to represent a fair executable market price based on available market evidence, transaction signals, platform activity, and TimeAuthentic methodology. TimeAuthentic Market Value may change at any time and may differ from dealer asking prices, auction estimates, trade-in offers, WatchCharts values, or other market references.
TimeAuthentic Market Value is not an insurance appraisal, tax appraisal, investment recommendation, guarantee of sale, guarantee of future value, or promise that a buyer or seller will transact at that amount. Users are responsible for their own financial, tax, insurance, and investment decisions.
The TimeAuthentic name, trademarks, software, interface, original catalog organization, TimeAuthentic Market Value methodology and outputs, editorial content, original photography, illustrations, and other TimeAuthentic-created materials are owned by or licensed to TimeAuthentic LLC and are protected by applicable intellectual-property laws.
References to watch manufacturers, model names, trademarks, logos, and product identifiers are used for identification, commentary, compatibility, cataloging, resale, authentication, and other lawful purposes. Unless expressly stated, TimeAuthentic is independent from and is not authorized, sponsored, endorsed, or operated by Rolex, Omega, Tudor, Breitling, or any other watch manufacturer or trademark owner.
TimeAuthentic's collection, use, disclosure, retention, and protection of personal information is described in the Privacy Policy. The Privacy Policy is provided as a notice and is not incorporated as a separate agreement that a user must accept. TimeAuthentic uses role-based access controls and limits production-data access to personnel and contractors whose responsibilities require it. No security program can guarantee absolute security.
EXCEPT FOR EXPRESS WARRANTIES, OBLIGATIONS, OR REMEDIES SPECIFICALLY PROVIDED IN THESE TERMS OR AN APPLICABLE WRITTEN TIMEAUTHENTIC AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIMEAUTHENTIC DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; THAT EVERY DEFECT, MISREPRESENTATION, TITLE PROBLEM, COUNTERFEIT CHARACTERISTIC, LATENT CONDITION, OR FRAUDULENT ACT WILL BE DISCOVERED; THAT MARKET INFORMATION OR VALUATIONS WILL ALWAYS BE ACCURATE; OR THAT A BUYER, SELLER, DEALER, CARRIER, PAYMENT PROVIDER, SERVICE PROVIDER, OR OTHER THIRD PARTY WILL PERFORM ITS OBLIGATIONS.
Marketplace watches are generally offered by third-party sellers. Except where TimeAuthentic expressly identifies itself as the owner or seller, TimeAuthentic does not manufacture the watch and does not control a third-party seller's pre-submission possession, conduct, knowledge, representations, acquisition history, source of title, prior servicing, prior alterations, or prior handling of the watch.
To the maximum extent permitted by law and subject to TimeAuthentic's express obligations under these Terms, TimeAuthentic is not responsible for losses caused by a third party's fraud, false title, counterfeit submission, falsified documentation, concealed aftermarket or replacement parts, false provenance, undisclosed liens or ownership claims, misrepresentation, intentional concealment, insolvency, criminal conduct, collusion, unauthorized alteration, or other conduct outside TimeAuthentic's reasonable control.
Nothing in this Section eliminates a remedy expressly provided by TimeAuthentic under these Terms for a timely and substantiated authentication claim, damage caused by TimeAuthentic, covered insured-shipping claim, service warranty claim, or other expressly assumed obligation.
Authentication is a professional, point-in-time determination based on the watch and evidence reasonably available during examination. A passing determination means that the item appeared consistent with authenticity within the reasonable professional scope of the examination performed at that time.
Sophisticated counterfeits, including items commonly described as "superclones," may closely imitate authentic watches, components, movements, markings, serial information, packaging, papers, warranty cards, hang tags, and other materials. TimeAuthentic applies reasonable professional authentication procedures but does not guarantee that every sophisticated counterfeit, hidden alteration, substituted component, falsified document, or latent issue will be detected.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIMEAUTHENTIC AND ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, WATCHMAKERS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR A TRANSACTION, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST BUSINESS OPPORTUNITY, LOSS OF GOODWILL, REPUTATIONAL LOSS, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS, OR SPECULATIVE OR FUTURE LOSS OF MARKET VALUE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIMEAUTHENTIC'S TOTAL AGGREGATE MONETARY LIABILITY FOR ALL CLAIMS ARISING DIRECTLY FROM A SPECIFIC MARKETPLACE WATCH TRANSACTION WILL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE BUYER FOR THAT TRANSACTION, INCLUDING THE WATCH PURCHASE PRICE, TIMEAUTHENTIC FEES, TAXES, SHIPPING, SHIPPING INSURANCE, AND ANY OTHER AMOUNTS ACTUALLY PAID BY THE BUYER AS PART OF THAT TRANSACTION.
This cap applies to all claims arising from the same transaction in the aggregate and is not multiplied by the number of legal theories, alleged acts or omissions, claimants, demands, proceedings, or forms of relief asserted. For a stand-alone authentication, service, or gear order that is not part of a marketplace watch transaction, TimeAuthentic's aggregate monetary liability will not exceed the total amount paid for the applicable authentication, service, or order, except where these Terms expressly provide a different remedy.
The limitations in this Section do not eliminate an express remedy specifically promised elsewhere in these Terms where that remedy would otherwise require a different result, and they do not limit liability to the extent a limitation is prohibited by applicable law.
Where an applicable insured-shipping obligation, TimeAuthentic-caused physical-damage remedy, service warranty, or timely authentication remedy expressly provides a specific recovery, that specific provision controls to the extent it conflicts with the general limitation in this Section.
TimeAuthentic is not responsible for losses attributable to the fraud, counterfeit submission, false title, misrepresentation, concealment, insolvency, criminal activity, contractual breach, or other wrongful conduct of a third-party buyer, seller, dealer, carrier, service provider, or other person except to the extent TimeAuthentic separately caused the loss or expressly assumed responsibility for it under these Terms.
To the extent permitted by law, you agree to indemnify, defend, and hold harmless TimeAuthentic LLC and its officers, members, employees, contractors, watchmakers, and agents from third-party claims, losses, liabilities, damages, judgments, and reasonable costs, including reasonable attorneys' fees where recoverable, arising from your fraud, unlawful conduct, infringement, false ownership claim, counterfeit or stolen-property submission, falsified documentation, material violation of these Terms or the Pre-Sale Agreement, or content for which you lacked sufficient rights. This provision applies only to the extent enforceable under applicable law and does not require a consumer to indemnify TimeAuthentic for TimeAuthentic's own unlawful conduct.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE CERTAIN DISPUTES DECIDED BY A COURT OR JURY AND YOUR ABILITY TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Before initiating arbitration or other formal proceedings, the party asserting a dispute must provide written notice describing the nature of the dispute, relevant transaction or account information, the material facts supporting the claim, and the relief requested. A user may submit this notice through the TimeAuthentic website contact form and should identify the message as a legal dispute notice.
The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of sufficient written notice before either party initiates arbitration, except where immediate or emergency relief is reasonably necessary, an applicable limitations period requires action to preserve a claim, or applicable law does not permit such a requirement. Any applicable contractual limitations period is tolled during this required 30-day informal-resolution period after TimeAuthentic receives sufficient written notice of the claim.
Any claim based on or challenging TimeAuthentic's authentication determination that an item appeared consistent with authenticity must be asserted within 365 days after delivery of the applicable watch. To the maximum extent permitted by applicable law, any arbitration, small-claims action, or other permitted proceeding asserting such an authentication claim must be commenced within 365 days after delivery, subject to tolling during the mandatory informal-resolution period stated above. This limitation does not shorten a limitations period that applicable law expressly prohibits the parties from contractually modifying.
Except for eligible individual small-claims matters and the limited court-relief provisions below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, a marketplace transaction, listing, Pre-Sale Agreement, authentication, service, subscription, TimeAuthentic Watch Passport, payment, seller payout, shipping arrangement, or relationship between you and TimeAuthentic will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA").
You consent to receive agreements, disclosures, transaction records, notices, receipts, service communications, subscription notices, payout communications, security alerts, and other legally permitted communications electronically through the website, account interface, or email. You may withdraw consent to electronic records where applicable, but doing so may prevent TimeAuthentic from providing Services that require electronic contracting or communication. Marketing communications are separate from transactional, security, service, and legal notices.
TimeAuthentic may revise these Terms from time to time. Each version will identify its effective date. Material changes will be communicated by reasonable notice and, where TimeAuthentic determines appropriate or applicable law requires, TimeAuthentic may require renewed affirmative acceptance before continued use of affected Services.
Unless otherwise expressly stated or prohibited by applicable law, once a revised version of these Terms becomes effective, that revised version supersedes and replaces all prior versions of the Terms with respect to subsequent access to and use of the Services and transactions entered into after the revised version becomes effective.
A prior version of the Terms may nevertheless remain part of the permanent record of a transaction, service, acceptance, authorization, or other event completed while that prior version was in effect and may continue to govern that completed event to the extent appropriate under the circumstances. No revised Terms will retroactively eliminate a right or obligation that applicable law or an express completed-transaction provision requires to remain governed by an earlier version.
These Terms, together with any separate TimeAuthentic agreement or transaction-specific authorization expressly applicable to a particular transaction or Service, constitute the agreement between you and TimeAuthentic concerning the subject matter they cover. The TimeAuthentic Pre-Sale Agreement supplements these Terms for sellers who submit watches for listing. A Privacy Policy, help article, FAQ, internal policy, educational material, marketing statement, or other noncontractual notice does not modify these Terms unless it expressly states that it forms part of a binding agreement.
If any provision of these Terms is found to be invalid, illegal, or unenforceable in any respect, that determination will not invalidate the remainder of these Terms. To the extent permitted by applicable law, an invalid or unenforceable provision will first be interpreted, narrowed, or reformed only to the extent necessary to make the provision valid and enforceable while preserving as nearly as possible its original purpose and the parties' intended allocation of rights, obligations, and risk.
If a provision cannot lawfully be interpreted, narrowed, or reformed, the unenforceable portion will be severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect. A determination that a provision is unenforceable as applied to a particular person, claim, circumstance, jurisdiction, or remedy does not render that provision unenforceable in other applications where it may lawfully be enforced. The specific severability provisions contained in Section 32 govern questions concerning arbitration, class-action waiver, collective or representative proceedings, and related dispute-resolution provisions where those specific provisions differ from this general severability clause.
TimeAuthentic's failure or delay in enforcing a provision, exercising a right, or responding to a violation does not waive that provision or right and does not prevent later enforcement.
TimeAuthentic may assign or transfer these Terms and related rights or obligations in connection with a merger, acquisition, financing, reorganization, change of control, sale of assets, or similar transaction, subject to applicable law.
Any provision that by its nature is intended to survive completion of a transaction, termination of an account, or termination of these Terms will survive. Such provisions may include payment obligations, seller representations, fraud and title obligations, content licenses, intellectual-property rights, TimeAuthentic Watch Passport and provenance provisions, record-retention rights, limitations of liability, indemnification, dispute resolution, arbitration, class-action waiver, governing law, and other provisions necessary to resolve rights and obligations arising before termination.
General and legal inquiries go through the TimeAuthentic website contact form. Our Privacy Policy is a separate notice.
Before public reuse, TimeAuthentic will use reasonable measures to remove or mask serial numbers, addresses, personal paperwork, personal engravings where identifying, and other owner-identifying information. Use of your recognizable face, voice, likeness, testimonial, or other personal content in public marketing requires separate affirmative permission unless otherwise permitted by law.
TimeAuthentic instead undertakes to apply its reasonable professional authentication procedures and experienced judgment to determine whether the item appears consistent with authenticity based on the watch and evidence reasonably available at the time of examination. Authentication is a point-in-time determination and is not a representation concerning alterations, substitutions, modifications, servicing, damage, component replacement, or other changes occurring after the item leaves TimeAuthentic's custody.
Authentication outcomes may include Pass, Pass With Disclosure, Inconclusive, Fail, or Suspected Stolen/Unlawful. An inconclusive marketplace authentication cancels the transaction, returns the watch to the seller subject to applicable shipping and fee rules, fully refunds the buyer, refunds applicable seller TimeAuthentic authentication and shipping charges associated with the inconclusive result, and results in no authenticated TimeAuthentic Watch Passport issuance. A stand-alone authentication that is inconclusive receives a full authentication refund.
A watch authenticated through an eligible TimeAuthentic intake stream may receive a TimeAuthentic Watch Passport. A subsequent marketplace transaction after the watch has left TimeAuthentic requires reauthentication because TimeAuthentic cannot control post-release substitution, alteration, servicing, modification, or replacement.
Any claim challenging TimeAuthentic's determination that an item appeared consistent with authenticity must be submitted to TimeAuthentic within 365 days after delivery of the watch.
TimeAuthentic may require return of the watch and all reasonably relevant accompanying materials for reinspection and investigation before deciding the claim. The claimant must reasonably cooperate with the investigation and provide available documentation and evidence relevant to the claim.
A claim may be denied or limited if, after delivery, the watch was opened, serviced, repaired, modified, altered, damaged, refinished, or had components replaced outside TimeAuthentic in a manner that materially prevents TimeAuthentic from determining the condition or configuration of the watch at the time of its original examination.
If TimeAuthentic determines after reinspection and investigation that its prior authentication determination was materially incorrect, TimeAuthentic may select a remedy reasonably appropriate to the actual harm. Depending on the circumstances, remedies may include correction, repair, compensation for demonstrable diminution in value, or repurchase or refund up to the original transaction amount as otherwise provided in these Terms. Full repurchase or refund is not automatic for every authentication error.
"By choosing not to insure the shipment of this item, I assume responsibility for loss of or carrier-caused damage to the item after it leaves TimeAuthentic's possession and is accepted by the shipping carrier. I understand and agree that, to the maximum extent permitted by law, I will not hold TimeAuthentic responsible for loss or damage occurring during uninsured carrier transit, except to the extent caused by TimeAuthentic before carrier handoff."
TimeAuthentic retains the insurance-decline election and associated acceptance record with the customer's profile and transaction record, including the exact language accepted, applicable version, user or account identifier, transaction identifier, date and time of acceptance, and reasonable electronic acceptance metadata.
For an uninsured shipment, and to the maximum extent permitted by applicable law, responsibility for carrier-caused loss or damage transfers to the buyer once the shipment has left TimeAuthentic's possession and has been accepted by the shipping carrier. This allocation does not relieve TimeAuthentic of responsibility for loss or damage actually caused by TimeAuthentic before carrier handoff, including TimeAuthentic's own packaging, handling, or shipping-instruction error.
When shipping insurance applies, coverage is subject to the terms, conditions, limits, exclusions, documentation requirements, and claim determination applicable to the insurance arrangement in effect for the shipment. TimeAuthentic may submit, coordinate, or administer a claim on behalf of the applicable party where permitted. The buyer must reasonably cooperate with requested documentation, statements, photographs, preservation of packaging, carrier inquiries, inspections, police reports where reasonably required, and other legitimate claim-investigation requirements.
For a shipping-damage, wrong-item, materially incorrect shipment, or package-content claim, the buyer must notify TimeAuthentic within 48 hours after delivery, leave the watch substantially in the condition received, preserve the shipping container, packaging, contents, and available evidence, and preserve TimeAuthentic security tags, seals, or identifying devices until TimeAuthentic provides instructions, except where immediate action is reasonably necessary to prevent additional physical damage.
TimeAuthentic provides a two-year warranty, recorded with the applicable service record and TimeAuthentic Watch Passport where available, beginning on delivery or pickup for TimeAuthentic workmanship, labor actually performed, TimeAuthentic-supplied replacement parts, and failures directly caused by the covered service. The warranty does not cover unrelated component failures, normal wear, accidents, impact, misuse, magnetism, post-delivery cosmetic damage, failure caused by declined recommended work, unauthorized opening, service or modification, customer-supplied parts themselves, or water intrusion beyond the actual completed test result. Vintage watches receive no water-resistance guarantee even if they pass a pressure test.
For an approved warranty claim, TimeAuthentic may provide insured shipping, reinspection, repair, or re-performance as appropriate. The service warranty does not automatically entitle the owner to payment of the full value of the watch.
Service completion dates are estimates, not guarantees. Parts availability, subcontracted work, vintage complications, manufacturer delays, customs, or unexpected technical issues may extend timing. TimeAuthentic provides periodic status updates when service is materially delayed. When service is complete, TimeAuthentic may send a completion notice, a 30-day reminder, a 60-day reminder, a storage or vaulting fee notice before 90 days, and a final notice before the two-year unclaimed-property process. Storage or vaulting charges begin after 90 days. After two years, TimeAuthentic may initiate any lawful unclaimed-property, lien, sale, abandonment, or other disposition process available under applicable law. Title does not automatically transfer to TimeAuthentic merely because property remains unclaimed.
TimeAuthentic does not warrant the authenticity of an item in perpetuity and cannot be responsible for substitution, alteration, servicing, modification, component replacement, or other changes occurring after the item leaves TimeAuthentic's custody.
Condition grading, market information, TimeAuthentic Market Value, collectability observations, service recommendations, and similar information involve professional judgment and available market evidence. They are not guarantees of resale price, future market value, investment performance, profitability, liquidity, dealer margin, business opportunity, or future buyer demand.
For a dispute involving an individual consumer acting primarily for personal, family, or household purposes, the arbitration will be administered under the AAA Consumer Arbitration Rules and Mediation Procedures then in effect, together with any applicable supplementary AAA rules. For a dispute involving a dealer, business, professional seller, commercial account, or other non-consumer relationship, the arbitration will be administered under the AAA Commercial Arbitration Rules and Mediation Procedures then in effect, together with any applicable supplementary AAA rules. Where the AAA Mass Arbitration Supplementary Rules apply to a group of related individually filed arbitration demands, those supplementary rules will govern in conjunction with the otherwise applicable AAA rules.
The arbitration agreement in this Section is governed by the Federal Arbitration Act to the maximum extent applicable. If the AAA is unavailable or unwilling to administer a dispute, the parties will attempt in good faith to agree on a substitute arbitration administrator. If they cannot agree, either party may ask a court of competent jurisdiction to appoint an administrator or arbitrator consistent with the Federal Arbitration Act and the requirement of individual arbitration stated in these Terms.
The arbitrator, and not a court, will have authority to resolve disputes concerning the interpretation, applicability, enforceability, formation, or scope of this arbitration agreement, except that a court of competent jurisdiction may determine issues concerning the enforceability of the Class, Collective, Consolidated, and Representative Action Waiver below to the extent applicable law requires court determination of that issue.
The arbitrator may award any individual remedy that would be available in court under applicable law and that has not been validly limited by these Terms. The arbitrator may not award relief for or against persons who are not parties to the individual arbitration except to the extent required by applicable law.
Either party may bring an eligible individual claim in a court of competent small-claims jurisdiction instead of arbitration, provided the claim remains individual and within that court's jurisdiction. If a small-claims case is transferred, removed, appealed, or otherwise proceeds outside the small-claims court's jurisdiction, either party may require arbitration to the extent permitted by law.
Nothing in this Section prevents TimeAuthentic or a user from seeking temporary or emergency relief from a court of competent jurisdiction where necessary to preserve property, prevent imminent irreparable harm, protect intellectual property or confidential information, address stolen or unlawfully possessed property, prevent unauthorized system access, preserve evidence, or maintain the status quo pending arbitration.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND TIMEAUTHENTIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY.
YOU AND TIMEAUTHENTIC WAIVE THE RIGHT TO HAVE A DISPUTE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED AS A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, JOINT ACTION, PRIVATE-ATTORNEY-GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING ON BEHALF OF PERSONS OTHER THAN THE INDIVIDUAL PARTY ASSERTING THE CLAIM.
Claims of multiple users or transactions may not be consolidated into a single arbitration merely because they involve similar allegations, counsel, facts, or legal theories, except where the applicable AAA Mass Arbitration Supplementary Rules provide administrative procedures for separately filed individual cases or where the parties expressly agree otherwise in writing. Nothing in this waiver prevents an individual claimant from seeking public injunctive relief where applicable law makes a waiver of that particular remedy unenforceable.
FOR ANY DISPUTE THAT IS PERMITTED TO PROCEED IN COURT RATHER THAN ARBITRATION, YOU AND TIMEAUTHENTIC EACH KNOWINGLY WAIVE THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
A user may opt out of the mandatory arbitration provisions of this Section by submitting written notice through the TimeAuthentic website contact form within 30 days after the user first accepts the version of these Terms containing this arbitration agreement. The notice must identify the registered account email and state clearly: "I am opting out of the arbitration agreement." TimeAuthentic may retain the opt-out notice as part of the user's legal acceptance record.
Opting out of arbitration does not opt the user out of any other provision of these Terms, including applicable limitations of liability, claim deadlines, governing-law provisions, or class-action waiver to the extent such provisions may independently be enforceable.
AAA administrative fees, filing fees, arbitrator compensation, and related charges will be allocated according to the applicable AAA rules and fee schedules and applicable law. TimeAuthentic will pay any amount it is required to pay under the applicable AAA consumer rules or applicable law.
Except to the extent governed by the Federal Arbitration Act, federal law, or another applicable nonwaivable law, these Terms and disputes arising from them are governed by the laws of the State of Wisconsin, without regard to conflict-of-law principles. Any dispute permitted to proceed in court rather than arbitration must be brought in a court of competent jurisdiction in Wisconsin unless applicable law requires a different forum.
The arbitration provisions of this Section are intended to be enforced to the maximum extent permitted by law. If any portion of this Section is determined to be invalid or unenforceable, that provision will be narrowed, reformed, or severed to the minimum extent necessary, and the remainder of the Section will continue in effect to the maximum extent permitted by law.
If a final determination holds that the Class, Collective, Consolidated, and Representative Action Waiver cannot lawfully be enforced as to a particular claim or requested remedy, that claim or remedy will proceed in the forum required by applicable law, while all arbitrable individual claims and remedies will remain subject to individual arbitration to the maximum extent permitted by law.
General and legal inquiries may be submitted through the contact form available on TimeAuthentic.com. Privacy requests may be submitted to Privacy.TimeAuthentic@Gmail.com or through the TimeAuthentic website contact form.