Terms of Sale
Seller: Musket Holdings LLC, an Idaho limited liability company, doing business as "Wrist Dope" ("Wrist Dope," "we," "us," "our"). Contact: support@wristdope.com.
Version: Wrist Dope Terms of Sale version 1.0 (2026-10-02). Effective for orders placed on or after that date.
By ticking the acceptance box at checkout, by placing an Order, or by installing or using a Product, you agree to these Terms of Sale (these "Terms"), including the DISCLAIMER OF WARRANTIES, ALL-SALES-FINAL, ASSUMPTION OF RISK, RELEASE, LIMITATION OF LIABILITY, INDEMNITY, ARBITRATION, CLASS-ACTION WAIVER, and JURY-TRIAL WAIVER provisions. If you do not agree, do not order, and do not install or use any Product.
1. Definitions and Interpretation
1.1 Definitions. In these Terms:
(a) "App" means the Wrist Dope software application for phones and watches, in any version.
(b) "Claim" means any claim, demand, cause of action, suit, proceeding, liability, loss, damage, cost, or expense of any kind, under any legal or equitable theory, including contract, warranty, tort (including negligence and strict liability), statute, regulation, or otherwise, whether known or unknown, suspected or unsuspected.
(c) "Device" means any smartwatch and any other device or accessory of any kind that you place in, on, or near a Product or use with a Product, and any data on it.
(d) "EULA" means the Wrist Dope End User License Agreement that governs the App.
(e) "Fitment" means the single watch case size a given mount is made to hold, as listed on the product page.
(f) "Equipment" means any and all equipment and property of any kind that a Product is mounted to, used with, or used near, or that is mounted to a Product, whether sold by us or by anyone else.
(g) "Non-Waivable Law" means any law that applies to an Order and that, as to you, cannot be excluded, limited, or varied by agreement.
(h) "Order" means an order you place with us for Products, and "Order Record" means the record we keep of the Order, including the version string of these Terms accepted at checkout and the date and time of acceptance.
(i) "Products" means every physical item we sell through the Site or any other channel we designate, including the Watch Mount, the Watch Mount+, the Screen Cover and any fasteners or hardware included with them, replacement parts, and any Third-Party Product. "Product" means any one of them.
(j) "Released Parties" means Musket Holdings LLC (d/b/a Wrist Dope) and each of its past, present, and future members, managers, officers, employees, contractors, agents, designers, manufacturers, suppliers, affiliates, insurers, successors, and assigns.
(k) "Screen Cover" means the screen cover included with a Data Holder Watch Mount or Data Holder Watch Mount+, or any other screen cover we sell.
(l) "Site" means shop.wristdope.com and any other online store we operate or designate.
(m) "Third-Party Product" means any product made by someone other than us that we resell, including the Hawk Hill Machine data-card holder in any interface we offer.
(n) "Watch Mount" means each of our 3D printed smartwatch mounts, including the Data Holder Watch Mount and the Pic Rail Watch Mount, and "Watch Mount+" means the Data Holder Watch Mount+ and any other Watch Mount with an added 1/4-20 threaded attachment point for accessories. "the mount" means either of them.
(o) "you" and "your" mean the person who places an Order, and, where the context allows, anyone who installs or uses a Product with that person's permission or through that person.
1.2 Interpretation. In these Terms: (a) "including," "includes," "for example," and "such as" mean "including without limitation"; (b) headings are for convenience and do not limit any provision; (c) the singular includes the plural and the plural the singular; (d) any gender includes every gender; (e) "or" is not exclusive; (f) a reference to a Section is to a Section of these Terms, and a reference to a Section includes all of its subsections; (g) a reference to a law includes that law as amended and any regulation under it; (h) "written" and "in writing" include email; (i) bold and capitalized text is used to make provisions conspicuous and is intended to be read as part of the Terms; and (j) where these Terms say a Released Party is not liable, not responsible, or released, that applies to every Released Party and to every theory of liability.
2. The Agreement; Acceptance; Who You Are
2.1 Scope. These Terms govern every Order and every purchase, installation, and use of a Product. They apply whether you order through the Site, by any other channel we designate, or receive a Product from someone who did.
2.2 Acceptance; clickwrap record. At checkout you must tick an unticked box confirming that you have read and agree to these Terms. You cannot complete an Order without doing so. The version string of these Terms and the date and time of your acceptance are recorded on your Order Record. Ticking the box has the same legal force as your handwritten signature. You also accept these Terms by placing an Order or by installing or using a Product, whether or not you personally ticked the box. Your consent to electronic contracting, notices, and records is in Section 23.11.
2.3 Eligibility. You represent that you are at least eighteen (18) years old; that you are a resident of the United States ordering for delivery within the United States; and that you have full legal capacity to enter into these Terms. We may cancel any Order and refuse any future Order if we believe any of these representations is untrue.
2.4 Purchases for others; transfers. If you buy a Product for someone else, or give, lend, sell, or otherwise transfer a Product to anyone, you must give that person a copy of these Terms before they install or use it. You remain responsible to us under these Terms, including Sections 11 through 14, for that person's installation and use as if it were your own. Nothing in these Terms gives that person any right against us.
2.5 Relationship to the App and the EULA. The App is separate software licensed under the EULA. Buying a Product does not include the App, any App feature, any Pro upgrade, or any right to any of them. The EULA governs the App exclusively; these Terms govern the Products exclusively. Nothing in these Terms limits any disclaimer, release, or limitation in the EULA, and nothing in the EULA limits any disclaimer, release, or limitation in these Terms.
2.6 Privacy. Our Privacy Policy, published at wristdope.com/privacy, describes how we handle your information, including Order data. The Privacy Policy is a notice about our practices. It is not a part of these Terms and does not create any warranty or contractual obligation.
2.7 Order of precedence. If these documents conflict, they control in this order: (a) these Terms, in the version identified on your Order Record; (b) your Order confirmation, as to the Products ordered, the Fitment, the price, and the shipping address only; and (c) product pages and other content on the Site. No term in any purchase order, email, message, or other document from you, and no statement by anyone, adds to or changes these Terms.
3. The Products: What They Are and What They Are Not
3.1 The Watch Mount and the Watch Mount+. The Watch Mount is accessory mounting hardware. It holds a smartwatch so that the watch can be mounted to Equipment. The Watch Mount+ is the Watch Mount with an added 1/4-20 threaded attachment point for accessories. A Data Holder Watch Mount and a Data Holder Watch Mount+ each include a Screen Cover; the Pic Rail Watch Mount does not.
3.2 3D printed; imperfections are normal and are not defects. The mount is 3D printed. 3D printed parts show layer lines, surface texture, small blemishes, stringing, seam marks, support marks, slight dimensional and color variation, and unit-to-unit variation in appearance, fit, and strength. These characteristics are inherent in the manufacturing method, are expected, and are not defects, non-conformities, or grounds for any Claim, return, refund, or exchange. Product photos and videos are representative only; your unit will not look exactly like them.
3.3 Product limits. The Products, including the mount, the Screen Cover, and any threaded feature:
(a) can crack, deform, loosen, wear, or fail, including suddenly and without visible warning, under recoil, muzzle blast, impact, drop, vibration, flexing, load, or the weight and leverage of anything held or attached;
(b) soften and can permanently deform from heat (including a closed vehicle, direct sun, hot equipment, or charging), and can become brittle in cold;
(c) can be weakened or damaged by solvents, cleaners, oils and lubricants, insect repellents (including DEET), sunscreen, fuels, and other chemicals;
(d) degrade over time with sunlight, moisture, and ordinary use; and
(e) can strip, crack, or lose clamping force at screw holes and at the Watch Mount+ attachment point if over-tightened, cross-threaded, or overloaded.
3.4 Not a firearm part; not a safety device; not certified. The mount is an accessory. It is not a firearm, a firearm part, or a safety device. It has not been tested or certified by any independent laboratory, standards body, or Device manufacturer. It must never interfere with the operation or safe use of any Equipment it is mounted to or near.
3.5 Charging. A watch may be charged while seated using your own charger. We make no representation that any charger will fit, align, or charge through the mount. Charging produces heat that can affect the Products and the Device.
3.6 Watch Mount+ attachment point. Anything you attach to the Watch Mount+ is your responsibility, including its weight, leverage, tightening, and securing it independently (for example, with a tether). The attachment point has no load rating. Treat it as unrated.
3.7 Screen Cover. The Screen Cover reduces surface scuffs only. It is not a case, is not sealed, and does not protect a watch from impact, blast, water, debris, or heat. Cords and small parts are entanglement, strangulation, and choking hazards. The Products are not toys; keep them away from children.
3.8 Third-Party Products. We resell Third-Party Products as a convenience. We did not design or make them, we have no control over their design, materials, or quality, and we make no representation about their compatibility with your equipment. Section 8.4 applies to them.
3.9 Your Devices and Equipment are not ours. Devices and Equipment are not our Products. We are not responsible for them, for damage to them, for how they perform while in or attached to a Product, or for any loss of their warranty or protection-plan coverage.
3.10 Product changes; listings. We may change the design, geometry, material, color, finish, packaging, included items, Fitments, and specifications of any Product at any time without notice, and may discontinue any Product. We have no obligation to update, retrofit, or replace units already sold. Product listings may contain errors, and colors on a screen may differ from the physical item. We may correct any listing at any time.
3.11 Not advice. Nothing on the Site, in any instruction, or in any communication from us is professional, safety, or legal advice. You alone are responsible for the safe configuration and use of your equipment.
4. Fit and Compatibility
4.1 Fitments. Each mount is made for one Fitment. The product page lists the watch models each Fitment is intended to hold. Fit is based on published dimensions and our own measurements and is not confirmed by any watch manufacturer.
4.2 Your duty to choose correctly. You are responsible for identifying your exact watch model and case size and for ordering the matching Fitment. A mount ordered in the wrong Fitment is not defective, and all sales are final (Section 7).
4.3 Bands, cases, and protectors. Fit assumes a bare watch. Cases, bumpers, raised screen protectors, or unusual bands may prevent the watch from seating or staying in place. Forcing a watch into or out of the mount can damage the mount or the watch.
4.4 Retention is not promised. We do not represent that a watch or accessory will stay in or on the mount under any condition.
4.5 Equipment. You are responsible for confirming that all Equipment you use is compatible with the mount, is correctly installed, and is itself sound.
5. Orders, Pricing, Payment, and Taxes
5.1 Your Order is an offer. Your Order is an offer to buy. An order confirmation acknowledges receipt only. We accept your Order, and a contract for sale is formed, only when we ship. We may decline or cancel any Order, in whole or in part, before shipment for any lawful reason, including suspected fraud, a pricing or description error, a quantity limit, unavailability, or a suspected breach of these Terms. If we cancel, your sole remedy is the return of any amount already charged for the cancelled, unshipped part of the Order, and only to the extent required by applicable law.
5.2 Accounts and information. You may order as a guest or through a customer account on the Site. You are responsible for keeping your account credentials confidential, for everything done through your account, and for giving us complete and accurate order, contact, and shipping information. We may rely on the information on your Order Record. Notify us promptly at support@wristdope.com of any unauthorized use of your account.
5.3 Prices; errors. Prices are in U.S. dollars and exclude taxes and shipping, which are shown at checkout before you confirm. We may change prices at any time without notice; a price change does not affect an Order already shipped. Despite our efforts, a Product may be listed at an incorrect price or with an incorrect description. If that happens, we may cancel the Order under Section 5.1, before or after the Order is confirmed and whether or not payment has been taken, and we are not bound by the incorrect price or description.
5.4 Payment authorization. Payment is collected at checkout by our third-party payment processor. By submitting a payment method you represent that you are its authorized user, and you authorize us and our processor to charge the full Order amount, including taxes and shipping, and to retry or re-authorize the charge if it is declined. Your payment method's issuer may impose its own terms.
5.5 Chargebacks. Contact us at support@wristdope.com before disputing a charge. You agree not to initiate a chargeback or payment dispute for an Order that was charged and shipped as described in these Terms, including for any reason excluded by Section 7. A chargeback initiated in breach of this Section is a material breach of these Terms. We may contest it with your Order Record and shipping records, and, to the maximum extent permitted by law, we may recover from you the disputed amount, any processor fees, and our reasonable costs of responding, and may refuse any future Order from you.
5.6 Taxes. We collect sales and use tax where we are required to. Any other tax, duty, or fee that applies to your Order is your responsibility.
5.7 Promotions. Any discount code, promotion, or offer is subject to its stated conditions, may be limited in quantity or time, may be withdrawn or modified at any time, has no cash value, and cannot be combined with another offer unless we say so.
5.8 Personal use; quantity limits. Products are sold for your personal, non-commercial use. We may limit quantities per Order, per customer, or per address, and may cancel Orders that appear to be for resale. You may not resell a Product as new, represent yourself as an authorized dealer or as affiliated with us, or distribute a Product in a way that misrepresents its source. Section 2.4 applies to any transfer.
6. Shipping, Title, and Risk of Loss
6.1 United States only. We ship only to addresses in the United States. We may decline to ship to freight forwarders, mail-drop services, or addresses we cannot verify.
6.2 No shipping commitment. We make no commitment to any shipping, production, or delivery date. Any date shown anywhere is an estimate only and is not a term of these Terms. Any right to cancel for delay, and any remedy for delay, exists only to the extent required by applicable law, and that remedy is your sole remedy for delay.
6.3 Title and risk of loss. TITLE TO, AND ALL RISK OF LOSS OF OR DAMAGE TO, A PRODUCT PASS TO YOU WHEN WE DELIVER THE PRODUCT TO THE CARRIER. Shipment is F.O.B. our shipping point. We are not responsible for carrier delays, loss, theft, misdelivery, or damage in transit, or for a package left at the delivery address. Any claim for loss or damage in transit must be made by you with the carrier. We are not responsible for an Order shipped to an address you gave us that is wrong, incomplete, or undeliverable, and we have no obligation to re-ship it.
6.4 Shipping charges. Shipping charges shown at checkout are for delivery to the address you give. Any charge for refused, undeliverable, or returned-to-sender packages, and any re-shipment, is your responsibility.
7. All Sales Final
7.1 ALL SALES ARE FINAL. ONCE AN ORDER HAS SHIPPED, WE DO NOT ACCEPT RETURNS AND DO NOT GIVE REFUNDS, CREDITS, REPLACEMENTS, OR EXCHANGES, FOR ANY REASON, INCLUDING WRONG FITMENT, CHANGE OF MIND, APPEARANCE, LAYER LINES OR OTHER 3D PRINTING CHARACTERISTICS, FIT, PERFORMANCE, FAILURE, DAMAGE IN TRANSIT, OR DAMAGE TO ANY DEVICE, EXCEPT ONLY TO THE EXTENT A REMEDY IS REQUIRED BY NON-WAIVABLE LAW, AND THEN ONLY THAT REMEDY. NO RETURN POLICY OF ANY KIND IS OFFERED.
7.2 Before shipment. We have no obligation to cancel an Order at your request. If we choose to cancel an Order before shipment, Section 5.1 applies.
7.3 Unsolicited returns. We do not accept returned Products. A Product sent back to us without our prior written agreement may be refused, discarded, or kept, at our discretion, without any refund or credit, and we are not responsible for it.
7.4 Voluntary accommodations are not obligations. We may, in our sole and absolute discretion and on a case-by-case basis, choose to give a refund, credit, replacement, repair, discount, or other accommodation to you or to anyone else. Any such accommodation is a voluntary courtesy. It creates no obligation, warranty, guarantee, policy, practice, course of dealing, course of performance, or precedent; it is not an admission of any defect or liability; it does not waive, amend, or modify these Terms as to that Order or any other; it creates no right in you or in any other customer to the same or any other accommodation; and it may be conditioned, limited, withdrawn, or refused at any time, for any reason or no reason, before or after it is offered. No one is entitled to expect an accommodation.
7.5 Statements by staff. No statement, promise, or assurance by any employee, contractor, agent, or representative of ours, including customer-support staff, whether by email, chat, telephone, social media, or in person, creates a warranty, policy, remedy, or obligation, or waives or modifies these Terms. These Terms can be modified only by a new version published under Section 23.3.
8. NO WARRANTY: PRODUCTS SOLD "AS IS" AND "WITH ALL FAULTS"
8.1 As is, with all faults; disclaimer of merchantability and fitness. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS ARE SOLD "AS IS," "WHERE IS," AND "WITH ALL FAULTS," AND WE AND THE OTHER RELEASED PARTIES MAKE NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OF DURABILITY, WORKMANLIKE QUALITY, CONFORMITY TO DESCRIPTION OR SAMPLE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, SAFETY, AND SUITABILITY OF THE PRODUCTS IS WITH YOU. YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO INSPECT THE PRODUCT DESCRIPTION, PHOTOS, AND THESE TERMS BEFORE ORDERING AND THAT YOU ARE RELYING ON YOUR OWN JUDGMENT.
8.2 No representations. WITHOUT LIMITING SECTION 8.1, WE MAKE NO REPRESENTATION, WARRANTY, OR PROMISE THAT A PRODUCT WILL BE FREE OF DEFECTS OR IMPERFECTIONS, WILL MEET YOUR REQUIREMENTS, WILL FIT YOUR WATCH OR EQUIPMENT, WILL HOLD OR RETAIN A WATCH OR ACCESSORY UNDER ANY CONDITION, WILL WITHSTAND ANY RECOIL, IMPACT, LOAD, TEMPERATURE, OR CHEMICAL, WILL LAST ANY PERIOD OF TIME, WILL PERFORM AS SHOWN IN ANY PHOTO OR VIDEO, OR WILL NOT DAMAGE, OR VOID THE WARRANTY OR COVERAGE OF, ANYTHING IT HOLDS OR ATTACHES TO.
8.3 Nothing else creates a warranty. No written or oral statement, description, specification, photo, video, review, social-media post, advertisement, instruction, or communication by us, by any Released Party, or by any other person creates a warranty, representation, or term of these Terms or enlarges any obligation under them. Descriptive or promotional language on the Site or elsewhere is design intent and opinion, not a warranty, and is not part of the basis of the bargain. No employee, contractor, agent, or customer-support representative of ours is authorized to give any warranty, promise any remedy, or modify these Terms, and Section 7.5 applies to every statement by any of them.
8.4 Third-Party Products. We give no warranty of any kind on any Third-Party Product, including the Hawk Hill Machine data-card holder. Any warranty that a Third-Party Product's maker offers is solely between you and that maker; we do not adopt it, administer it, or guarantee its performance, and you must deal directly with the maker under its terms.
8.5 No written warranty; implied warranties disclaimed. We do not give any written warranty or service contract within the meaning of the Magnuson-Moss Warranty Act, and nothing in these Terms, on the Site, or in any packaging is to be read as one. Because no written warranty is given, implied warranties are disclaimed as set out in Section 8.1.
8.6 Where implied warranties cannot be disclaimed. If, despite Section 8.1, Non-Waivable Law in your state does not allow an implied warranty to be disclaimed as to a particular Order, then as to that Order only, each such implied warranty is limited in duration to the shortest period, and in scope to the narrowest extent, that Non-Waivable Law allows, and every other provision of these Terms, including Sections 7, 9, 11, 12, 13, and 14, continues to apply to the fullest extent permitted. Section 22 contains state-specific notices.
9. Your Devices: Use Is Entirely at Your Own Risk
9.1 Outside manufacturer recommendations. You acknowledge that placing a smartwatch or any Device in or on the mount, and using it on or with any Equipment, exposes the Device to recoil, muzzle blast, impact, vibration, pressure, heat, cold, moisture, dust, and chemicals, and is outside the uses recommended, supported, or contemplated by Apple, Google, Samsung, Garmin, and other Device manufacturers. You choose to do so with that knowledge.
9.2 No liability for Device damage. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO RELEASED PARTY IS LIABLE FOR ANY DAMAGE TO, MALFUNCTION OF, OR LOSS OR DESTRUCTION OF ANY DEVICE, including its screen, glass, housing, sensors, battery, band, charger, software, data, or its warranty, protection-plan, or accidental-damage coverage, whether the damage occurs during installation, removal, charging, use, transport, or storage, whether or not the Device was used in accordance with its manufacturer's recommendations, and whether or not the damage was caused by a defect in a Product or by the negligence of any Released Party.
9.3 Manufacturer warranties. Using a Device with a Product may void, or be excluded from, the Device manufacturer's warranty, protection plan, or support. That is your risk alone. We have no relationship with any Device manufacturer and no ability to affect any coverage decision it makes.
10. Safe Use; Your Responsibilities
These duties are minimums. Following them does not make the mount, the Device, or any activity safe. Failing to follow them does not reduce any disclaimer, release, or limitation in these Terms; it adds to your responsibility.
10.1 Install correctly. Install only as instructed, using any fasteners we supply or specify, tightened by hand only until snug. Confirm the watch is fully seated and the mount and Equipment are secure before every use.
10.2 Inspect before every use, and stop. Before each use and after any impact, drop, heat, or chemical exposure, inspect the mount, Screen Cover, fasteners, attachment point, and Equipment for cracks, whitening, deformation, looseness, or wear. If you find any, stop using the Product and do not use it again.
10.3 No interference. Never let a Product, Device, or accessory interfere with the operation or safe use of any equipment it is attached to or near (Section 3.4).
10.4 Suitability is your decision. You alone decide whether the mount, your Device, any accessory, and any Equipment are suitable for your activity, environment, and conditions. We have not evaluated your equipment or use.
10.5 Lawful use; adults only; no modification. Use the Products lawfully and only for their intended purpose. Do not let minors use them. Do not modify, drill, sand, heat, glue, paint, or alter a Product, and do not use it with any part we did not supply or specify. A modified Product, and any use of a Product contrary to this Section, is entirely your responsibility.
11. Assumption of Risk
11.1 The risks. You acknowledge that mounting a watch or any Device with the Products creates risks including:
(a) the mount, Screen Cover, fasteners, attachment point, or Equipment cracking, deforming, loosening, or failing, with or without warning and with or without any defect;
(b) a watch, cover, or accessory detaching, falling, or being thrown, and striking a person, animal, or object;
(c) damage to or destruction of any Device, and loss of its warranty or coverage;
(d) damage to or destruction of any Equipment or other property;
(e) loss or corruption of data;
(f) interference with any Equipment, a malfunction, or distraction;
(g) lost time, results, or other opportunity;
(h) personal injury, including eye injury, hearing injury, laceration, or burn, or death, to you or others;
(i) the characteristics of 3D printed parts (Section 3.2), the product limits (Section 3.3), and the fit and compatibility limits (Section 4); and
(j) all other risks, known and unknown, foreseeable and unforeseeable, including risks caused by a defect in a Product or by the negligence of a Released Party.
11.2 You assume all risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ASSUME ALL RISKS, WHETHER OR NOT DESCRIBED IN THESE TERMS, ARISING OUT OF OR RELATING TO THE PURCHASE, INSTALLATION, CHARGING, TRANSPORT, STORAGE, AND USE OF THE PRODUCTS AND THE MOUNTING OF ANY WATCH OR DEVICE, WHETHER ARISING FROM THE MATERIALS, THE DESIGN, THE MANUFACTURE, THE INSTRUCTIONS, YOUR EQUIPMENT, YOUR USE, THE CONDUCT OF OTHERS, THE NEGLIGENCE OF ANY RELEASED PARTY, A DEFECT IN A PRODUCT, OR OTHERWISE.
12. Release and Waiver of Claims
12.1 Release. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU, FOR YOURSELF AND YOUR HEIRS, ESTATE, FAMILY, GUARDIANS, PERSONAL REPRESENTATIVES, INSURERS, SUBROGEES, AND ASSIGNS, RELEASE, WAIVE, AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, WHETHER NOW EXISTING OR ARISING IN THE FUTURE, ARISING OUT OF OR RELATING TO YOUR PURCHASE, INSTALLATION, CHARGING, TRANSPORT, STORAGE, OR USE OF THE PRODUCTS, THE MOUNTING OF ANY DEVICE, OR THE RISKS DESCRIBED IN SECTION 11, INCLUDING CLAIMS FOR DAMAGE TO OR LOSS OF ANY DEVICE, EQUIPMENT, OR OTHER PROPERTY; LOSS OF ANY WARRANTY OR COVERAGE; LOSS OF DATA; LOST OPPORTUNITY; PERSONAL INJURY, EMOTIONAL DISTRESS, OR DEATH; AND CLAIMS BASED ON THE NEGLIGENCE (INCLUDING NEGLIGENT DESIGN, MANUFACTURE, INSPECTION, INSTRUCTION, OR FAILURE TO WARN) OF ANY RELEASED PARTY, ON STRICT PRODUCT LIABILITY, ON BREACH OF WARRANTY, OR ON ANY DEFECT IN A PRODUCT. THIS RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS THE LAW ALLOWS.
12.2 Unknown claims; California Civil Code Section 1542. This release covers Claims you do not know or suspect exist at the time you accept these Terms. If you are a California resident, or if California law otherwise applies, you expressly waive the benefit of California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar statute, rule, or doctrine of any other jurisdiction.
12.3 Covenant not to sue. You agree not to bring, join, or assist any Claim released under this Section against any Released Party, in any forum. If you do, the Released Party may plead this Section as a complete defense, and, to the maximum extent permitted by law, you must pay the Released Party's reasonable attorneys' fees and costs of responding.
12.4 Scope and intent. You acknowledge that you have read this Section, that you understand it, that it is a release of liability including for the negligence of the Released Parties, and that you accept it freely and in exchange for the right to purchase and use the Products at the prices offered.
13. Limitation of Liability
13.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO RELEASED PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; FOR DAMAGE TO OR LOSS OF ANY DEVICE, EQUIPMENT, OR OTHER PROPERTY; FOR LOSS OF DATA, LOSS OF USE, LOST PROFITS, LOST REVENUE, LOST OPPORTUNITY, OR COST OF SUBSTITUTE GOODS; OR FOR PERSONAL INJURY OR DEATH; IN EACH CASE ARISING OUT OF OR RELATING TO THE PRODUCTS, AN ORDER, OR THESE TERMS, UNDER ANY THEORY (CONTRACT, WARRANTY, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALL RELEASED PARTIES TOGETHER, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO A PRODUCT, AN ORDER, OR THESE TERMS, WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID US FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM, EXCLUDING TAXES AND SHIPPING. MULTIPLE CLAIMS DO NOT ENLARGE THIS CAP.
13.3 Exclusive remedy; no other remedy. To the maximum extent permitted by applicable law, your sole and exclusive remedy for any dissatisfaction with a Product is to stop using it. No remedy exists under these Terms except one expressly stated in them or required by Non-Waivable Law, and any remedy required by Non-Waivable Law applies only to the extent so required.
13.4 Basis of the bargain. You acknowledge that the disclaimers, assumption of risk, release, limitations, and indemnity in these Terms are fundamental elements of the basis of the bargain between you and us; that the prices of the Products reflect this allocation of risk; that we would not sell the Products to you without them; and that they apply even if a Released Party knew or should have known of the possibility of the loss.
13.5 Savings clause. If Non-Waivable Law does not allow any disclaimer, assumption of risk, release, limitation, or indemnity in Sections 7, 8, 9, 11, 12, 13, or 14 to apply to a particular Claim, that provision applies to that Claim to the fullest extent Non-Waivable Law allows, every other provision continues to apply in full, and the Released Parties' liability for that Claim is limited to the minimum that Non-Waivable Law requires.
13.6 Independent provisions. Each disclaimer, release, assumption of risk, limitation, and indemnity in these Terms is separate and independent, is intended to apply cumulatively, and is enforceable even if another is found unenforceable.
14. Indemnity
14.1 Your indemnity. To the maximum extent permitted by law, you will defend, indemnify, and hold harmless each Released Party from and against every Claim brought by any person, and every resulting loss, damage, judgment, award, settlement, fine, cost, and expense (including reasonable attorneys' fees, expert fees, and costs of investigation), arising out of or relating to: (a) your purchase, installation, charging, transport, storage, or use of a Product, including any activity in which a Product is used and any injury, death, or property damage suffered by any other person; (b) your misuse, alteration, or modification of a Product, or use contrary to Section 10; (c) any Device or Equipment you used with a Product; (d) your breach of these Terms, any representation in them, or any law; (e) any Product you gave, lent, sold, or otherwise transferred to another person, and that person's installation or use of it; or (f) any chargeback or payment dispute in breach of Section 5.5.
14.2 Defense control. We may, at our election, assume and control the defense and settlement of any Claim subject to this Section, with attorneys of our choosing, at your expense. If we do, you will cooperate fully and will not settle, compromise, or admit liability for any Claim without our prior written consent. If we do not elect to control the defense, you will keep us informed and will not settle any Claim in a way that imposes any obligation or admission on a Released Party without our prior written consent.
14.3 Not limited by insurance. Your obligations under this Section are not limited by any insurance you carry, apply regardless of whether a Released Party was negligent to the extent the law permits, and survive any Order.
15. Intellectual Property; No Copying; Feedback
15.1 Ownership. The Products' designs, geometry, dimensions, digital models and files, instructions, packaging, photographs, videos, text, and the WRIST DOPE name, logos, and marks are owned by or licensed to Musket Holdings LLC and are protected by copyright, trademark, trade-dress, and other intellectual-property laws. Buying a Product transfers ownership of that physical unit only and grants no license or other right in any intellectual property.
15.2 Restrictions. You may not copy, scan, measure for reproduction, reverse-engineer, or make a mold, cast, model, or digital file of a Product; manufacture, sell, offer, share, or distribute a Product or a substantially similar design or file; remove, obscure, or alter any mark or notice; or use our marks, images, or copy in a way that implies affiliation, sponsorship, or endorsement.
15.3 Equitable relief for this Section. You acknowledge that a breach of this Section would cause harm that money cannot adequately remedy, and that we may obtain injunctive and other equitable relief under Section 19.6 for any actual or threatened breach, without posting a bond to the extent the law permits, in addition to every other remedy.
15.4 Reviews and feedback. Nothing in these Terms restricts your right to post a truthful review. Any suggestion, idea, or feedback you send us may be used by us for any purpose, without compensation, attribution, or obligation to you, and you assign to us all rights in it.
16. Trademarks; No Affiliation
Apple and Apple Watch are trademarks of Apple Inc. Google, Pixel, and Wear OS are trademarks of Google LLC. Samsung and Galaxy are trademarks of Samsung. Garmin is a trademark of Garmin Ltd. Hawk Hill Machine, Area 419, Spuhr, Gray Ops, ZCO, and every other third-party name on the Site belong to their respective owners. Those names describe compatibility or resold goods only. Wrist Dope and the Products are not made, licensed, certified, tested, approved, or endorsed by any of them, and none of them is responsible for the Products or for any damage to a Device.
17. No Post-Sale Duties; Incident Reports; Evidence
17.1 No duty to monitor, notify, recall, or retrofit. We have no obligation to monitor Products after sale, to issue any safety notice, bulletin, warning, or recall, or to update, retrofit, repair, or replace any Product. We may, but need not, communicate about a Product after sale. Any such communication is voluntary, is not an admission of any defect or liability, creates no duty to make any other communication, and does not enlarge any obligation under these Terms. If we do communicate that a Product should not be used, stop using it.
17.2 Report and preserve. Tell us at support@wristdope.com about any Product failure, injury, or property damage involving a Product. Do not discard, alter, test to destruction, or repair the Product, the Device, or the Equipment involved; we may ask to inspect and photograph them, and you will make them available. A report, an inspection, or any response to one is not an admission by anyone and does not create any obligation or remedy.
17.3 Non-waivable reporting. Nothing in this Section prevents you from reporting a safety concern to any government agency.
18. Dispute Resolution; Binding Individual Arbitration; Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, AND INCLUDES A 30-DAY OPT-OUT.
18.1 Informal resolution first. Before starting any arbitration or court proceeding, the party with the dispute must send the other a written, individualized notice of dispute (the "Notice") containing: the claimant's name, mailing address, email, and the Order number; a description of the dispute and the specific facts; and the specific relief requested. A Notice to us goes to legal@wristdope.com or to the mailing address in Section 23.10. A Notice to you goes to the email or address on your Order Record. The Notice must be personally signed by the claimant (not only by a lawyer), and, if the claimant is represented, must also identify the representing lawyer or law firm. For sixty (60) days after a complete Notice is received, the parties will try in good faith to resolve the dispute, including through at least one telephone or video conference if either party requests it, with the claimant personally attending. Completing this process is a condition precedent to starting any arbitration or lawsuit, and a court or arbitrator may enjoin a proceeding started before it is completed. All applicable limitation periods and filing-fee deadlines are tolled while this process is pending.
18.2 Agreement to arbitrate; Federal Arbitration Act. Except as provided in Sections 18.6, 18.7, and 18.9, you and we agree that every Claim between you (including anyone claiming through you) and any Released Party arising out of or relating to these Terms, an Order, a Product, the Site, or our relationship with you, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after your acceptance of these Terms, will be resolved by binding individual arbitration and not in court. This Section is a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs its interpretation and enforcement. If for any reason the Federal Arbitration Act is held not to apply, the Idaho Uniform Arbitration Act applies. Each Released Party is an intended third-party beneficiary of this Section and may enforce it.
18.3 Delegation. The arbitrator, and not any court or agency, has exclusive authority to resolve every dispute about the interpretation, applicability, enforceability, scope, or formation of this Section 18, including any claim that all or part of it is void, voidable, or unconscionable, and whether a Claim is subject to arbitration, except that a court has exclusive authority to decide (a) disputes about Section 18.8 (class-action waiver) and Section 18.9 (public injunctive relief), (b) whether a party has complied with Section 18.1 to the extent it bears on the mass-arbitration procedures in Section 18.10, and (c) any application for interim equitable relief under Section 19.6.
18.4 Rules, administrator, and fees. The arbitration is administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and Consumer Due Process Protocol in effect when the arbitration is started, as modified by this Section 18 (the "AAA Rules"), available at www.adr.org. If the AAA is unavailable or declines to administer the arbitration consistently with this Section, the parties will agree on another administrator, or, failing agreement within thirty (30) days, a court of competent jurisdiction under Section 19.2 will appoint one. Filing, administrative, and arbitrator fees are allocated as the AAA Rules provide, including any portion those rules require us to bear. If the arbitrator finds that a Claim or a defense was frivolous or brought for an improper purpose under the standard of Federal Rule of Civil Procedure 11(b), the arbitrator may re-allocate fees and award reasonable attorneys' fees and costs against the responsible party to the extent the AAA Rules and applicable law allow. Each party otherwise bears its own attorneys' fees and costs, except as Section 19.5 or applicable law provides.
18.5 Procedure, arbitrator, and award. A single neutral arbitrator who is a licensed attorney or retired judge will be appointed under the AAA Rules. Any in-person hearing will be held in the county of your billing address in the United States, or by telephone or video conference, as the arbitrator and the AAA Rules provide; a Claim seeking less than the threshold set by the AAA Rules may be decided on written submissions. The arbitrator must follow these Terms and applicable substantive law, including applicable statutes of limitation and the limitation period in Section 19.4, must honor valid claims of privilege, and must issue a reasoned written decision. The arbitrator may award only relief that is individual to the claimant and that a court could award under these Terms and applicable law, and may not award relief for or against anyone who is not a party. The arbitrator's award is final and binding, and judgment on it may be entered in any court of competent jurisdiction. Discovery and the arbitrator's authority are otherwise as provided by the AAA Rules.
18.6 Small-claims carve-out. Either party may bring an individual Claim in a small-claims court of competent jurisdiction in the county of your billing address or in Ada County, Idaho, if the Claim is within that court's jurisdiction and remains in that court on an individual basis. If a Claim is removed, transferred, or appealed to a court of general jurisdiction, or ceases to be individual, it must be arbitrated under this Section.
18.7 Intellectual-property carve-out. Either party may bring an individual action in court under Section 19.2 for the actual or threatened infringement, misappropriation, or misuse of its intellectual property, including a Claim under Section 15, or for injunctive relief to protect it.
18.8 Class-action and representative-action waiver; severance. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND WE EACH AGREE THAT EVERY CLAIM WILL BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING, IN ARBITRATION OR IN COURT. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON (EXCEPT AS SECTION 18.10 PROVIDES FOR ADMINISTRATION ONLY) AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. If a court holds that this Section 18.8 is unenforceable or void as to a particular Claim or request for relief, then that Claim or request, and only that one, will be severed and litigated in court under Section 19.2, on an individual basis, after all arbitrable Claims have been resolved in arbitration; in no event may any Claim proceed as a class, collective, or representative arbitration.
18.9 Public injunctive relief. If applicable law does not allow a request for public injunctive relief to be waived or arbitrated, then that request, and only that request, will be severed and decided by a court under Section 19.2 after the arbitration of all other Claims is complete, and will be stayed pending that arbitration. The arbitrator may not award public injunctive relief.
18.10 Mass-arbitration protocol. If twenty-five (25) or more arbitration demands or Notices raising similar Claims against a Released Party are filed or sent by, or with the assistance or coordination of, the same law firm, group of law firms, or organization within a period of one hundred eighty (180) days (a "Mass Filing"), then: (a) the AAA's Mass Arbitration Supplementary Rules, as modified by this Section, apply; (b) the demands will be administered in batches, with each side selecting an equal number of demands to proceed first as bellwether cases, no more than ten (10) per side per batch, and all other demands stayed; (c) after the bellwether awards are issued, the parties will attempt in good faith to resolve the remaining demands in a mediation conducted under the AAA's mediation procedures, with the mediator's fees shared equally; (d) if the remaining demands are not resolved, they will proceed in further batches of the same size, in the order the AAA determines, until all are resolved; (e) all applicable limitation periods are tolled for every stayed demand from the date the demand or Notice is sent until the stay ends; (f) a court under Section 19.2 may enforce this Section, including by enjoining the mass filing of demands that do not comply with it; and (g) the mass-filing procedures of this Section are an administrative sequencing of individual arbitrations and do not permit or create any class, consolidated, or representative proceeding. If the AAA cannot or will not apply this Section, the parties will select another administrator under Section 18.4 that will.
18.11 Opt-out. You may reject this agreement to arbitrate by sending an email to legal@wristdope.com within thirty (30) days after the date of your Order, with the subject line "Arbitration Opt-Out," stating your full name, the Order number, and that you opt out of arbitration. An opt-out is effective only if it is sent by you personally (not through a lawyer, agent, or form), only for the Orders it identifies, and only if it is timely. Opting out does not affect any other provision of these Terms, including the class-action waiver as applied to court proceedings, the jury-trial waiver, the governing law, venue, and limitation-period provisions, and all disclaimers, releases, and limitations. If you opt out, every Claim will be decided in court under Section 19.
18.12 Changes to this Section. If we change this Section 18 after you accept these Terms, the change does not apply to any Claim for which you or we sent a Notice before the change, and you may reject the change as to later Orders by opting out under Section 18.11 within thirty (30) days after the first Order placed under the changed version.
18.13 Severability and survival of this Section. Except as Sections 18.8 and 18.9 provide, if any part of this Section 18 is held unenforceable, that part is severed and the rest of the Section is enforced. If this Section 18 is held unenforceable in its entirety as to a Claim, that Claim will be decided in court under Section 19, and Sections 18.8 (as applied in court), 19.2, 19.3, 19.4, and 19.5 continue to apply. This Section 18 survives the completion of every Order and the termination of our relationship with you.
19. Governing Law; Courts; Jury-Trial Waiver; Limitation Period; Attorneys' Fees; Equitable Relief
19.1 Governing law. These Terms, every Order, and every Claim are governed by the Federal Arbitration Act as to Section 18 and otherwise by the laws of the State of Idaho, without regard to any conflict-of-laws rule that would apply the law of another jurisdiction, and, to the extent Non-Waivable Law of your state of residence applies, by that law only to the extent it cannot be displaced. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
19.2 Venue and jurisdiction. For any Claim that is not subject to arbitration, or that must be decided by a court under Section 18, you and we agree to the exclusive jurisdiction and venue of the state courts located in Ada County, Idaho, and the United States District Court for the District of Idaho, and each of us submits to the personal jurisdiction of those courts and waives any objection to venue or convenience of forum there. We may also seek to enforce an arbitration award, or seek interim equitable relief under Section 19.6, in any court of competent jurisdiction.
19.3 Jury-trial waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND WE EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY COURT PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, AN ORDER, A PRODUCT, OR OUR RELATIONSHIP, INCLUDING ANY CLAIM THAT IS NOT ARBITRATED FOR ANY REASON. Any such proceeding will be tried by a judge sitting without a jury.
19.4 Limitation period for Claims. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, AN ORDER, OR A PRODUCT MUST BE STARTED, BY SENDING A NOTICE UNDER SECTION 18.1, WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, REGARDLESS OF ANY LONGER PERIOD THAT A STATUTE OF LIMITATIONS WOULD OTHERWISE ALLOW, OR THE CLAIM IS PERMANENTLY BARRED. A Claim accrues when the breach, failure, injury, or damage first occurs, whether or not you then knew of it, to the extent the law permits. This Section is a reduction of the limitation period by agreement, as permitted for the sale of goods, and does not extend any shorter period that the law provides.
19.5 Attorneys' fees. To the maximum extent permitted by law, in any court proceeding arising out of or relating to these Terms, an Order, or a Product, the prevailing party may recover its reasonable attorneys' fees, expert fees, and costs from the other party. In addition, if you bring a Claim in a forum or manner that violates Section 18, or assert a Claim released under Section 12, we may recover our reasonable attorneys' fees and costs of responding, to the extent the law permits. In arbitration, fees are allocated under Section 18.4. Nothing in this Section requires you to pay our attorneys' fees where the AAA Rules or applicable law prohibit it.
19.6 Equitable relief. You acknowledge that a breach or threatened breach of Sections 5.8, 12.3, 15, or 21 would cause harm to us or another Released Party for which money damages would be an inadequate remedy. In addition to every other remedy, we and any Released Party may seek a temporary restraining order, preliminary or permanent injunction, specific performance, or other equitable relief in any court of competent jurisdiction, without posting a bond or proving actual damages to the extent the law permits, and without first completing Section 18.1. Seeking such relief does not waive the right to arbitrate any other Claim.
20. Force Majeure
We are not liable for, and are excused from, any delay or failure in performing any obligation to the extent it is caused by an event beyond our reasonable control, including shortages of materials or components; equipment, printer, or software failure; carrier or postal delays; labor disputes; fire, flood, storm, earthquake, or other natural disaster; epidemic or pandemic; utility or internet outage; cyberattack; war, terrorism, or civil unrest; and any law, order, embargo, or act of any government. We may cancel any affected unshipped Order, and if we do, Section 5.1 applies.
21. United States Only; Export and Sanctions Compliance
21.1 United States only. We sell and ship only within the United States, and the Site is intended only for persons in the United States.
21.2 Export. You may not export, re-export, transfer, or carry a Product outside the United States except in full compliance with all applicable export-control laws and regulations, including the U.S. Export Administration Regulations and the International Traffic in Arms Regulations to the extent either applies, and you are solely responsible for determining whether any license or authorization is required and for obtaining it.
21.3 Sanctions and restricted parties. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or region that is the subject of comprehensive U.S. sanctions; that you are not, and are not owned or controlled by or acting on behalf of, any person on a U.S. government restricted-party list, including the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List; and that you will not use or transfer a Product for any purpose prohibited by U.S. law. We may cancel any Order and refuse any future Order if we believe this Section is or may be violated.
22. State-Specific Notices
22.1 California Proposition 65. Products may be subject to warning requirements under California's Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). For information, go to www.P65Warnings.ca.gov.
22.2 California Civil Code Section 1789.3. Under California Civil Code Section 1789.3, California residents are entitled to the following notice: The Products are provided by Musket Holdings LLC d/b/a Wrist Dope. Complaints may be sent to support@wristdope.com or to the mailing address in Section 23.10. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
22.3 New Jersey residents. Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, we specify the following for New Jersey residents, and the following applies to them notwithstanding anything else in these Terms. Sections 8 (disclaimer of warranties), 9 (Device liability), 11 (assumption of risk), 12 (release), 13 (limitation of liability), 14 (indemnity), and 19.4 (limitation period) apply to New Jersey residents only to the extent New Jersey law permits, and do not limit any right or remedy under the New Jersey Products Liability Act, the New Jersey Consumer Fraud Act, the New Jersey Punitive Damages Act, or any other New Jersey law that cannot be waived by agreement, and do not release or limit a Released Party's liability for conduct for which New Jersey law prohibits a release or limitation. No provision of these Terms is void, unenforceable, or inapplicable in New Jersey except as this Section states, and nothing in these Terms is intended to violate any clearly established legal right of a New Jersey consumer.
22.4 Other states. Where Non-Waivable Law of another state gives you a specific right that these Terms would otherwise limit, that right applies to the extent the law requires, and Section 13.5 governs the effect on the rest of these Terms.
23. General Provisions
23.1 Entire agreement; integration. These Terms, in the version identified on your Order Record, together with your Order confirmation as described in Section 2.7, are the entire agreement between you and us about your Order and the Products, and supersede every prior or contemporaneous statement, representation, negotiation, proposal, understanding, and agreement, written or oral, about them. Nothing in any product page, marketing, email, message, review, or social-media post is part of this agreement except as Section 2.7 provides.
23.2 No reliance. You acknowledge that in placing an Order you have not relied on any statement, representation, assurance, or warranty by any person that is not expressly set out in these Terms, and that you have no remedy for any such statement except as Non-Waivable Law provides.
23.3 Amendments; version control. We may revise these Terms at any time by publishing a new version with a new version string and date at shop.wristdope.com/policies/terms-of-service. A new version applies to Orders placed on or after its date. The version you accepted at checkout, as shown on your Order Record, governs that Order, except as Section 18.12 provides. These Terms can be amended or modified only by a new version published under this Section. No amendment, waiver, or modification by course of dealing, course of performance, usage of trade, accommodation, oral or informal statement, or statement by any employee, contractor, agent, or support representative is effective.
23.4 Severability; reformation. If any provision of these Terms, or its application to any person or circumstance, is held invalid, illegal, or unenforceable in any jurisdiction or as to any Claim, then (a) that provision is deemed modified, and the court or arbitrator is requested to modify it, to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent as nearly as possible; (b) if it cannot be so modified, it is severed only in that jurisdiction and only as to that Claim; and (c) the validity and enforceability of the remaining provisions, and of the affected provision in every other jurisdiction and as to every other Claim, are not affected. Section 18.8 and Section 18.13 govern the severance of the class-action waiver and the arbitration provisions.
23.5 No waiver. No failure or delay by us or any Released Party in exercising any right, power, or remedy under these Terms operates as a waiver of it, and no single or partial exercise precludes any further exercise. A waiver is effective only if in writing and signed by an authorized officer of Musket Holdings LLC, and applies only to the instance it describes.
23.6 Assignment and delegation. You may not assign, delegate, or transfer these Terms, any Order, or any right or obligation under them, by operation of law or otherwise, without our prior written consent, and any attempt to do so is void. We may assign, delegate, or transfer these Terms, any Order, and any right or obligation under them, in whole or in part, without notice or consent, including to an affiliate or to a successor in connection with a merger, acquisition, reorganization, or sale of assets.
23.7 Successors and assigns. These Terms bind and benefit the parties and their respective heirs, personal representatives, successors, and permitted assigns.
23.8 Third-party beneficiaries. Each Released Party is an intended third-party beneficiary of Sections 8 through 14, 18, and 19 and may enforce them directly. Except for the Released Parties, these Terms create no right or remedy in any person other than you and us, and no other person, including any recipient of a Product from you, may enforce any provision of these Terms.
23.9 Independent contractors; no agency. You and we are independent contracting parties. Nothing in these Terms creates any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and us or any Released Party, and neither of us has authority to bind the other.
23.10 Notices. Notices to us must be in writing and sent by email to legal@wristdope.com, or by mail to Musket Holdings LLC, 784 S. Clearwater Loop #4453, Post Falls, Idaho 83854, and are effective when received. Notices to you may be sent by email to the email address on your Order Record, by mail to the address on your Order Record, or by posting on the Site, and are effective when sent or posted. You are responsible for keeping your contact information current.
23.11 Electronic communications; E-SIGN consent. You consent to enter into these Terms and every Order electronically, and to receive all notices, disclosures, confirmations, receipts, policies, and other communications from us electronically, by email to the address on your Order Record or by posting on the Site. You agree that electronic communications satisfy any legal requirement that a communication be in writing, and that your ticking of the acceptance box and your electronic submission of an Order are electronic signatures with the same effect as handwritten signatures under the federal Electronic Signatures in Global and National Commerce Act and applicable state law. To receive electronic communications you need a device with internet access, a current web browser, a working email account, and software able to display and save web pages and PDF files; you confirm you have them. You may print or save a copy of these Terms and any electronic communication at any time. You may withdraw this consent by emailing legal@wristdope.com, but a withdrawal does not affect any Order already placed, and because we conduct business only electronically, withdrawal means we may decline future Orders from you.
23.12 Electronic records as evidence. Our electronic records, including the Order Record, the version string and timestamp of your acceptance of these Terms, server logs, and shipping and payment records, are admissible evidence of the facts they record and, absent manifest error, are conclusive evidence of your acceptance of these Terms and the contents of your Order. You will not object to the admissibility of such records on the ground that they were created or stored electronically.
23.13 Survival. Sections 1, 2.4, 2.5, 2.7, 3, 4, 5.5, 5.8, 6.3, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, and 24, and every other provision that by its nature should survive, survive the shipment, delivery, and completion of every Order, any cancellation, and any end of our relationship with you.
23.14 Language. These Terms are written in English. Any translation is for convenience only, and the English version controls in every case of conflict.
23.15 Construction. These Terms were made available for your review before purchase, and you had the opportunity to ask questions and to decline to order. No rule of construction resolving ambiguity against the drafting party applies to these Terms. The parties intend every provision to be enforced to the fullest extent the law allows.
24. Contact
Musket Holdings LLC d/b/a Wrist Dope: support@wristdope.com (orders, account questions, chargeback questions, incident reports); legal@wristdope.com (legal notices, dispute Notices, arbitration opt-outs, withdrawal of electronic consent); by mail at the address in Section 23.10; store at shop.wristdope.com.