This is the official Terms and Conditions Agreement ("Terms") that applies to your access and use of Timepiece FNF's websites, applications, browser extensions, and other interactive services ("Platform") designed to assist sellers in making faster and more informed product decisions. The Platform is owned, operated and/or provided by Timepiece FNF LLC ("Timepiece FNF").

For purposes of these Terms, "You" refers to the user of the Platform and includes references such as "your", "user", and "customer."

Please read the following terms carefully. By accessing or using the Platform, you indicate your agreement to these Terms. If you do not agree to these Terms, you should not access or use the Platform.

PRIVACY STATEMENT

Timepiece FNF is dedicated to protecting your privacy. Only authorized Timepiece FNF personnel, on a need-to-know basis, use information collected from individual customers. Timepiece FNF continuously reviews its systems and data to ensure the best possible service to its customers. For more information on Timepiece FNF’s Privacy and Cookie Policy, please visit our Privacy and Cookie Policy page.

REGISTRATION RULES FOR USER CONDUCT AND USE OF THE PLATFORM

You must be at least 13 years old and a resident of the United States or Canada to register for and use the Platform. If you are a user who signs up for the Platform, you will need to create a personalized account, which includes a unique username and a password to access the Platform and to receive messages from Timepiece FNF. You agree to notify Timepiece FNF immediately of any unauthorized use of your password and/or account. Timepiece FNF will not be responsible for any liabilities, losses, or damages resulting from the unauthorized use of your username, password, or account.

USE RESTRICTIONS

Your permission to use the Platform is conditioned upon the following Use Restrictions. You agree that you will not under any circumstances:

- Use the Platform for any unlawful purpose or to promote illegal activities.

- Use another user's account without permission.

- Provide false or inaccurate information when registering an account.

- Interfere or attempt to interfere with the proper functioning of the Platform.

- Make any automated use of the system or take any action that Timepiece FNF deems to impose or to potentially impose an unreasonable or disproportionately large load on its servers or network infrastructure.

- Bypass any robot exclusion headers or other measures Timepiece FNF takes to restrict access to the Platform, or use any software, technology, or device to scrape, spider, or crawl the Platform or harvest or manipulate data.

- Publish or link to malicious content intended to damage or disrupt another user's browser or computer.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Platform, but not directly by Timepiece FNF, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. Timepiece FNF does not guarantee the accuracy, completeness, or usefulness of any information on the Platform, nor does it adopt, endorse, or take responsibility for the accuracy or reliability of any opinion, advice, or statement made by parties other than Timepiece FNF. Timepiece FNF takes no responsibility and assumes no liability for any user content that you, any other user, or a third party posts or sends over the Platform. Under no circumstances will Timepiece FNF be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Platform, transmitted to users, or due to any omission of information on the Platform.

Although Timepiece FNF strives to enforce these Terms, you may be exposed to information that is inaccurate or objectionable. Timepiece FNF reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Platform or to limit or deny a user's access to the Platform or take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which Timepiece FNF deems unlawful, offensive, abusive, harmful or malicious. Timepiece FNF may remove any such material that, in its sole opinion, (1) violates, or is alleged to violate, the law or these Terms, (2) might be offensive, or (3) might violate the rights of, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under federal, state, and local law. If you become aware of any misuse of the Platform, please contact Timepiece FNF through our Customer Support contact form.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Platform, Timepiece FNF may provide you with convenient links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). These links are provided as a courtesy to you. Timepiece FNF has no control over Third Party Sites or Third Party Applications, Software, or Content, or the promotions, materials, information, goods, or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Timepiece FNF, and Timepiece FNF is not responsible for any Third Party Sites accessed through the Platform or any Third Party Applications, Software, or Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by Timepiece FNF. If you decide to leave the Platform and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk, and you should be aware that Timepiece FNF’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Platform or relating to any applications you use or install from the Timepiece FNF website.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts. Timepiece FNF respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Timepiece FNF has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Platform who are repeat infringers. Timepiece FNF may terminate access for participants or users who are repeatedly found to provide or post protected third-party content without necessary rights and permissions.

(b) DMCA TakeDown Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Platform infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to Timepiece FNF through our Customer Support contact form:

- The date of your notification,

- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,

- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site,

- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable Timepiece FNF to locate such work,

- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address,

- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and

- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your user content that has been removed from the Platform is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to Timepiece FNF using the contact information set forth above:

- Your physical or electronic signature,

- A description of the content that has been removed and the location at which the content appeared before it was removed,

- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content,

- Your name, address, telephone number, and email address, and

- A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Timepiece FNF may be found and that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Timepiece FNF, Timepiece FNF may send a copy of the counter-notice to the original complaining party informing that person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may (in Timepiece FNF's sole discretion) be reinstated on the Platform in 10 to 14 business days or more after receipt of the counter-notice.

INTELLECTUAL PROPERTY

You acknowledge and agree that Timepiece FNF and its licensors retain ownership of all intellectual property rights of any kind related to the Platform, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Platform may be trademarks of their respective owners. Timepiece FNF reserves all rights that are not expressly granted to you under these Terms.

SUSPENSION OF SERVICE DUE TO THIRD PARTY ACTION

The Timepiece FNF platform operates by accessing and compiling information owned by third parties. If Timepiece FNF's access to such information is restricted or terminated, the platform may be unable to function or may experience a reduction in the quality of service. As such, Timepiece FNF cannot guarantee the continuation or quality of service when such access to information is restricted or terminated by third party action. By using Timepiece FNF, you acknowledge and agree to assume these risks.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Timepiece FNF's email and messaging system will not constitute legal notice to Timepiece FNF or any of its officers, employees, agents, or representatives in any situation where notice to Timepiece FNF is required by contract or any law or regulation. Legal notice may be mailed to Timepiece FNF at the company address.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from Timepiece FNF in an electronic form via the email address you have submitted and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Timepiece FNF provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing. The foregoing does not affect your non waivable rights. Timepiece FNF may also use your email address to send you other messages, including information about Timepiece FNF and special offers. You may opt out of such emails by changing your account settings or by contacting support through the Customer Support contact form.

Opting out may prevent you from receiving messages regarding Timepiece FNF or special offers.

REFUNDS

Timepiece FNF will honor a full refund of the user's payment for the platform under normal circumstances, if requested by the customer in writing through the Customer support contact form and sent within two (2) business days of payment by the paying customer from the same email address that the customer used to register with Timepiece FNF. In the event the platform no longer works due to actions of a third party, in addition to the other disclaimers and waivers contained within these Terms of Use, Timepiece FNF will not be responsible for any refund, restitution, payment, or resulting loss or damage to customer.

WARRANTY DISCLAIMER

Timepiece FNF is provided "as is" and "as available," without warranty of any kind. Without limiting the foregoing, Timepiece FNF expressly disclaims all warranties, whether express, implied or statutory, regarding the platform, including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement. Without limiting the foregoing, Timepiece FNF makes no warranty or representation that access to, availability of, or operation of the platform will be perpetual, uninterrupted, or error-free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content, or other material obtained from the platform. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

LIMITATION OF LIABILITY

To the extent permitted by applicable law, in no event shall Timepiece FNF, its affiliates, directors, or agents, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your user content, (b) your use or inability to use the platform, (c) the platform generally or the systems that make the platform available, or (d) any other interactions with Timepiece FNF or any other user of the platform, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Timepiece FNF has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

If you have a dispute with one or more users, or a merchant of a product or service relating to Timepiece FNF, you release Timepiece FNF (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

MODIFICATION OF TERMS OF USE

Timepiece FNF can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check Timepiece FNF periodically to view any such changes in these Terms of Use. If you continue to use Timepiece FNF, you signify your agreement to any revisions to these Terms of Use. However, you will be notified of material changes to these Terms of Use by a notice posted on Timepiece FNF’s homepage and/or an email sent to the email address you provided upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of Timepiece FNF's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Timepiece FNF. No purported waiver or modification of these Terms of Use by Timepiece FNF via telephone or email communications shall be valid.

GENERAL TERMS

If any part of these Terms of Use is held invalid or unenforceable, that portion of these Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Timepiece FNF to enforce any provision of these Terms of Use will not be considered a waiver of its right to enforce such provision. Timepiece FNF’s rights under these Terms of Use will survive any termination of these Terms of Use.

You agree that any cause of action related to or arising out of your relationship with Timepiece FNF must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of Timepiece FNF are governed by the federal laws of the United States of America and the laws of the State of Delaware, without regard to conflict of law provisions. Timepiece FNF may assign or delegate these Terms of Use and/or Timepiece FNF's Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Timepiece FNF's prior written consent, and any unauthorized assignment and delegation by you is void.

You acknowledge that you have read these Terms of Use, understand the Terms of Use, and will be bound by these terms and conditions. You further acknowledge that these Terms of Use together with the Privacy Policy represent the complete and exclusive statement of the agreement between you and Timepiece FNF and that it supersedes any proposal or prior agreement oral or written, and any other communications between you and Timepiece FNF relating to the subject matter of these Terms of Use.

Last Updated: This Terms of Use was last updated on June 4, 2024.