These Terms of Use ("Terms") govern your access to and use of bdpwatches.com and any related pages, forms and communications (together, the "Site"), operated by BDP Timepieces ("BDP," "we," "us" or "our"). By using the Site, you agree to these Terms. If you do not agree, please do not use the Site.
1. Who we are and our development status
BDP Timepieces is a proposed independent watch company in the prelaunch development stage. As of the effective date above, BDP has not completed legal formation, production engineering, certification or manufacturing. The Site is currently operated by BDP's founder on behalf of the company being formed. When the company is formed, it will assume the rights and obligations described in these Terms.
2. Design renderings and concepts
All watches, boxes, straps, accessories and features shown on the Site are design renderings and concepts, not photographs of manufactured products. Features including ShadowLock™, DivePulse™, NavCore™, Pathfinder™, RescueBack™, RescueFlash™ and Custom Shield™ are functional concepts under development. Specifications such as movements, materials, dimensions and water resistance are design targets. Any of them may change, be delayed, or never be produced.
3. No offer to sell; no investment solicitation
Except for the refundable Founder's Edition deposit described in Section 5, nothing on the Site is an offer to sell any product, a binding price, or a guarantee that any product will be made available. Nothing on the Site is an offer to sell, or a solicitation of an offer to buy, any security or investment interest in BDP. A deposit does not give you any ownership, equity, profit share, interest or other investment return. If BDP launches a crowdfunding campaign, that campaign will be governed by its own terms and by the terms of the platform hosting it, and those terms will control over these Terms for anything related to the campaign.
4. The Founder's Circle
The Founder's Circle is a free email list for people who want updates and early notice about BDP. Joining the list is free and is not a purchase, deposit, reservation, preorder or contract to buy anything. Reserving a numbered Founder's Edition requires a separate deposit under Section 5. Founder's Circle benefits such as early notice, early access or first claim on numbered editions are intended perks, not guarantees, and they may depend on availability and the final terms of any launch. Some edition numbers, including 0001 and 0002, are already allocated and are not available. You can leave the list at any time with the unsubscribe link in any email or by writing to hello@bdpwatches.com.
5. Founder's Edition deposits
This section applies if you place a Founder's Edition deposit on the Site.
- Amount. Each deposit is US$999 and reserves one numbered Founder's Edition position in the collection you choose: The Big Glowowski, The Wingman, The Wrong Turn or Response One. A deposit is not the full price of a watch. The final price, specifications, edition details and delivery timeline have not been set and will be shared with depositors before any further payment is requested.
- How numbers are issued. Each collection is numbered separately. Numbers are issued in sequence, in the order deposits are successfully paid, starting at 0003 and ending at 1000. Numbers 0001 and 0002 of every collection are already allocated and are not available. Your number is issued only after your payment completes, and it is shown on your confirmation screen and kept with your deposit record. You cannot choose a specific number. If a collection reaches 1000 while your payment is being processed, no number is issued and your deposit is refunded in full.
- Edition preference. The colorway or edition you select is a preference to help us plan. It is not binding on you or on BDP, and you can change it before production.
- Refunds if the watches are not developed. Your deposit is refundable. If BDP does not develop the watches in the collection you reserved, your full deposit of US$999 will be refunded to your original payment method. To ask about your deposit or a refund, write to hello@bdpwatches.com from the email address you used at checkout.
- Payment processing. Deposits are processed by Stripe. BDP does not receive or store your full card number. Your payment is also subject to Stripe's terms.
- Who receives your deposit. As described in Section 1, deposits are received by BDP's founder on behalf of BDP Timepieces, the company being formed, and will be transferred to that company along with the obligations in this section.
- Transfers. A Founder's Edition number is tied to the person who placed the deposit and may not be sold or transferred without BDP's written consent.
- Not an investment. A deposit is a refundable advance toward a product in development. It is not a loan, a security or an investment, and it does not earn interest.
6. Intellectual property
The Site and its content, including the BDP name, the crowned BDP logo, the slogan "Built Different by Design.", collection and feature names, watch and box designs, renderings, text, graphics and code, belong to BDP or its licensors and are protected by intellectual property laws. Names marked with ™ are trademarks claimed by BDP. You may view and share pages for personal, noncommercial purposes, but you may not copy, modify, distribute, sell, or create derivative works from Site content, including reproducing BDP designs, without our prior written permission.
7. Acceptable use
You agree not to: use the Site for any unlawful purpose; submit false information or someone else's information without permission; interfere with the Site's security or operation; use bots or automated means to access, collect data from, or submit forms on the Site in a way that burdens it or violates these Terms; or attempt to reverse engineer any part of the Site except as allowed by law.
8. Feedback and submissions
If you send us ideas, suggestions or feedback about our designs or products, you agree we may use them without restriction or compensation to you. Please do not send confidential information or ideas you want to keep.
9. Department and third-party marks
Response One renderings show example insignia to illustrate the planned Custom Shield™ program. BDP is not affiliated with or endorsed by any fire department, EMS agency, law enforcement agency or other organization. Any department insignia would be produced only with that organization's authorization. Third-party names such as movement manufacturers are used only to describe planned specifications and do not imply endorsement.
10. Third-party links and services
The Site may link to or rely on third-party websites and services, such as social networks, font providers, hosting providers, the Stripe payment service and crowdfunding platforms. We are not responsible for their content, policies or practices.
11. Disclaimers
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, BDP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY. We do not guarantee that the Site will be uninterrupted, secure or error-free, or that any product or feature shown will be produced.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BDP AND ITS FOUNDERS, AFFILIATES AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING FROM YOUR USE OF THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THIS LIMIT DOES NOT REDUCE ANY DEPOSIT REFUND OWED TO YOU UNDER SECTION 5. Some jurisdictions do not allow these limits, so they may not apply to you.
13. Indemnification
You agree to defend, indemnify and hold harmless BDP and its founders, affiliates and service providers from claims, damages and expenses, including reasonable attorneys' fees, arising from your misuse of the Site or your violation of these Terms.
14. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute arising from these Terms or the Site will be resolved exclusively in the state or federal courts located in San Bernardino County, California, and you consent to their jurisdiction. Nothing in this section limits rights you have under the consumer protection laws of your place of residence.
15. Changes to these Terms
We may update these Terms from time to time. We will post the updated version on this page and change the effective date. Your continued use of the Site after an update means you accept the revised Terms.
16. Contact
Questions about these Terms can be sent to hello@bdpwatches.com.