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Terms and Conditions

Crossrope, LLC


Last updated June 9, 2026.

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT USE AND SAFETY INSTRUCTIONS AND WARNINGS AS WELL AS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AND CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

Welcome to Crossrope, LLC (together with our affiliates, “Crossrope,” “we,” “our,” or “us”).  These Terms and Conditions apply to the purchase and sale of products and services (“Products”) through our website, www.crossrope.com (the “Site”).  In addition, these Terms and Conditions govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site, whether as a guest or a registered user, and the Crossrope iOS and Android device applications (“Apps”) (collectively, the “Services”). 

BY PLACING AN ORDER FOR CROSSROPE’S PRODUCTS OR USING THE SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR CROSSROPE’S PRODUCTS OR USE THE SERVICES. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST PURCHASE AND USE CROSSROPE’S PRODUCTS AND SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A PERSON UNDER THE AGE OF 18 YEARS OLD, YOU ARE SUBJECT TO THESE TERMS AND CONDITIONS AND RESPONSIBLE FOR THAT PERSON’S USE OF THE PRODUCTS OR SERVICES.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT ORDER OR USE CROSSROPE’S PRODUCTS OR SERVICES.

THESE TERMS AND CONDITIONS INCLUDE A DISPUTE RESOLUTION PROVISION (INCLUDING A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER) THAT AFFECT YOUR RIGHTS. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW. With limited exceptions, these Terms and Conditions require you to submit claims you have against us to binding and final arbitration. Under the Arbitration Agreement, (a) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, AND (c) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Changes to the Terms and Conditions

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on our Site, as indicated by a revised “Last Updated” date at the top of this page. Modifications will be effective on the date they are posted to this Site and apply to all access to and use of the Products and Services thereafter. However, any changes to the Dispute Resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site. If you continue to use a Crossrope Product or the Services after we have posted updated Terms and Conditions, you agree to be bound by the updated Terms and Conditions. If you do not agree to be bound by the updated Terms and Conditions, you may no longer use the Crossrope Products or Services. The Terms and Conditions displayed on the Site at the time your order to purchase a Crossrope Product  is accepted will apply to the order. By placing an order to purchase a Product or using the Services, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any Crossrope Product or use the Services.

Modification of Products and/or Services

Because the Crossrope Products and Services are evolving over time, we may change or discontinue all or any part of the Crossrope Products or Services, at any time and without notice, at our sole discretion.

Order Fulfillment

If an item of merchandise is delayed out of the Crossrope fulfillment center or becomes unavailable, or if there is an error on the Site pertaining to the order (e.g. an error pertaining to the price and/or description of merchandise), then Crossrope may cancel the order. If this occurs, then Crossrope will contact you so that you are aware of the situation, and refund any fees that you prepaid for those Products if we cancel.

Occasionally there may be information on the Site or Apps that contain typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders or App subscriptions if any information on the Site or Apps is inaccurate at any time without prior notice (including after you have submitted your order).

SHIPPING

Unless otherwise noted, Crossrope will use commercially reasonable efforts to ship Products within a reasonable time after receipt of your properly completed order. Although Crossrope may provide delivery or shipment timeframes or dates, you understand that those are Crossrope’s good-faith estimates and may be subject to change. You further understand that Product availability may be limited and particular Products may not be available for immediate delivery, in which case the Products will be delivered when they become available. Crossrope shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.

The goods will be imported on behalf of the consignee/ebuyer. The consignee authorizes Crossrope to import the goods on his behalf. Further, the consignee/buyer agrees that Crossrope may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition with the purchase price of the goods.

E-MAIL

When you complete a purchase, we will request and use your email address to send you order and shipment updates in addition to content and marketing emails that may provide offers or information helpful to you as a Crossrope customer. You may unsubscribe at any time.

PRIVACY POLICY

Your use of the Services is subject to our Privacy Policy. Please review our Privacy Policy for information on (1) what information we collect about you, (2) what we do with that information, (3) with whom we share that information, and (4) what we do to protect your information.

PRODUCT POLICY

All Crossrope Products may be returned within 60 days of purchase for a size exchange or a full refund. See our Product Use and Warranty for more details or visit Help Center. You must ensure all Products are returned in original packaging.

 ESSENTIAL USE AND SAFETY INSTRUCTIONS

WARNING

Before Each Use of the Crossrope Products or Services, Follow these Instructions:

  • Inspect every package or Product purchased for missing or defective/damaged parts. If you have any questions or concerns about the Products purchased, DO NOT USE them until you have contacted Crossrope at [email protected] and received answers to your questions or concerns.
  • Always inspect the Products purchased prior to and after each use to ensure that there are no areas with tears, nicks, abrasions, kinks, cuts that expose the steel cable core, or any wear and tear that may indicate damage to the integrity of the Product. If you find any flaw or defect at the time of purchase, DO NOT USE the Product and contact Crossrope at [email protected]. CAUTION: Damaged or worn Product will naturally occur over time from use and can be dangerous. These damaged or worn Products should not be used and you should consider purchasing a replacement.
  • Prior to each use of the Crossrope Products purchased, check to ensure that all components are securely attached. Crossrope weighted jump ropes, Ropeless, and SpinJumper products use a connection system with a male rope connector that must be fully inserted into the female clasp with the two latches fully engaged and locked in place. Failure to ensure that all components are securely attached to the handles may lead to significant and permanent injury to your eyes, face, and/or other parts of your body. Always observe the attachment point while exercising.

 WARNING FOR ROPELESS PRODUCTS: A break in the connection components for Ropeless Products may result in such products detaching from the handle with risk of the Product becoming a projectile. Always use extreme caution to ensure that the handles are securely attached and only use the equipment in an environment free of pets, people, or property that may be damaged should the rope become detached. A break in the connection assembly may lead to significant and permanent injury to your eyes, face, and/or other parts of your body.

  • Before beginning a new fitness program, consult with your physician or general practitioner. If you have a medical condition, seek their approval before using this Product. The use of information provided through  Crossrope’s Services is solely at your own risk and is not medical or healthcare advice.
  • Exercise tips provided are guidelines only. They do not replace instructions from your healthcare provider.
  • Remove all jewelry, including rings, chains, and pins, before using the Products.
  • This Product is not a toy. Keep out of reach of children and pets. Always store the Products in a secure, childproof area.
  • Clear your workout area of any obstructions, sharp objects, pets, people, and other distractions. You must perform all exercises on a clear, level, bare surface to avoid any risk of tripping, stumbling, or other harm or damage. Using the Products near other people or objects could cause significant injury and/or damage.

When using the Crossrope Products or Services, Always Follow These Instructions:

  • Do not attempt any movements, activities, or exercises with the Products that are not specifically recommended at Crossrope.com. Any use other than that as recommended at Crossrope.com, and any use contrary to these instructions may lead to serious and permanent eye injury, bodily disfigurement, and/or other permanent damage. These Products are intended ONLY for exercise and fitness as demonstrated and outlined at Crossrope.com. Any alternative or improper use of the Products could result in injury.
  • As with any jump rope or fitness equipment, always use extreme caution to protect your eyes when using the Products. You may wish to wear protective eyewear, such as safety goggles, to prevent serious damage if you lose your grip on the handles, or if the jump rope breaks, snaps, or recoils. You may also wish to wear additional protective gear when using the Products to prevent serious damage to other sensitive areas.
  • Never release the handles while in use. Release while in use can cause significant injury, disfigurement, or death.
  • Never wrap any part of the Products around your feet, hands, mouth, head, neck, shoulders, or other body parts.
  • Wear proper shoes to protect yourself from possible damage from Product contact, and proper exercise clothing not to interfere with Product movement. It is strongly recommended that you wear proper footwear and use a controlled rotational speed with the heavy cables. The jump rope cables are made of a steel wire with a protective coating, but impact of a rope to your body at high speeds could potentially cause pain or injury.
  • Begin usage of the Products slowly and fully under control to learn proper form, balance, and coordination. Do not permanently or temporarily attach any part of the Products to, or use the Products with, any other equipment or materials of any kind.
  • Two or more persons should never use the same Products at the same time. Use by more than one person at a time could result in serious injury.
  • Keep out of reach of children, pets, and any individuals who may require supervision. These Products are not recommended for children under 18 years of age without adult supervision.
  • Stop exercising if you have dizziness, trouble breathing, increased pain or begin to feel sick. Consult your healthcare provider immediately.
  • Do not use or continue use of Crossrope Products while experiencing pain.


PRODUCT CARE

1. Crossrope weighted ropes are made of a high-grade, durable plastic and steel cable core. All ropes will eventually wear out and need to be replaced. You can greatly extend the life of your ropes if you jump primarily on non-abrasive surfaces like rubber, PVC, or smooth wood floors.

2. Do not store the Products near sharp objects. Do not store your cables in areas with very hot or cold temperatures as it may lead to cracking of the hard outer coating. Also avoid storage in direct sunlight. Keep the handles free of excessive water or moisture to
prevent possible rusting.

3. Do not use any chemicals to clean the Products. Just wipe the Products clean with a damp cloth.

PROPRIETARY RIGHTS

All features, functionality, and content of the Site, including all designs, artwork, text, images, audio, photos, videos, information, software, interfaces, and documentation, are the property of Crossrope and its licensors. Crossrope grants no right to you in the Services, the Site, or any of its features, functionality, or content, other than as expressly provided in these Terms and Conditions. All logo designs and all other names and logos identifying Crossrope and its Products and Services or otherwise appearing on the Site or Services are proprietary trademarks of Crossrope or its licensors and you are strictly prohibited from using them without Crossrope’s express written permission.

LICENSE TO ACCESS AND/OR USE SERVICES

Crossrope grants you a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Services and its materials and information solely for your personal and informational use. Crossrope’s license to you is conditioned on your compliance with these Terms and Conditions. You may not use the Services (or any part thereof) for any commercial purpose or in any manner not permitted by these Terms and Conditions. You may print materials and information from the Services solely for your personal and informational use as long as all hard copies contain all copyright and other applicable notices contained in such materials and information.

ACCESS TO YOUR ACCOUNT

In order to use certain features of the Services relating to your Crossrope account (“Account”), you may need to create an online username and password. You are responsible for the security of your password and login credentials. You also agree that you are solely responsible for all actions under your login credentials, whether or not authorized by you, subject to applicable laws and the rules of any applicable payment network used to make payments on this Site. You must notify us immediately of any unauthorized use of your login credentials or password. Crossrope is not liable for any loss or damage from your failure to comply with these requirements.

When registering for login credentials or otherwise providing information on or through the Services, you agree to (a) maintain the security of your password and login credentials; (b) provide accurate, current, and complete information as may be prompted by any forms available through the Services or otherwise requested by us; (c) maintain and promptly update your information to keep it accurate, current, and complete; (d) promptly notify us regarding any material changes to your contact information and payment information; and (e) be fully responsible for all use of the Services under your login credentials or related to your Account, including transactions made on your Account.

RIGHTS AND TERMS FOR APPS

Rights in App Granted. Subject to your compliance with these Terms and Conditions, Crossrope grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms and Conditions, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Crossrope reserves all rights in and to the App not expressly granted to you under these Terms and Conditions.

Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

  • These Terms and Conditions are between you and Crossrope, and not with the App Provider, and Crossrope (not the App Provider), is solely responsible for the App.
  • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may contact the App Provider for a refund of the purchase price (if any) for the App to you and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Crossrope.
  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Crossrope will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.
  • The App Provider and its affiliates are third-party beneficiaries of these Terms and Conditions as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as related to your license of the App against you as a third-party beneficiary thereof.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.
  • You must also comply with all applicable third party terms of service when using the App.

 Rights to Premium Content (Crossrope Membership)

Customers who purchase access to the Crossrope Membership either through a subscription or one-time purchase receive access to specific premium features and content not available to free app users. If you cancel your Membership or one-time purchase or if it is terminated for any reason, you will lose access to all Membership content and features. Crossrope, in its sole discretion, may choose to make certain Membership content available to free users from time-to-time, and any use of that Content is governed by these Terms and Conditions.  

If you choose to subscribe to the Crossrope Membership, the payment and billing terms that apply will be clearly articulated on the platform where the user purchased the Membership. Paid services and billing may auto-renew unless you cancel. You may cancel at any time.

You will be entitled to a refund provided that you:

  1. Purchased through the Site and
  2. You cancel during the 60-day money-back guarantee period (no later than 60 days after the purchase date).

If the Crossrope Membership was purchased via the App or Play Store, refunds are handled by the App or Play Store, respectively, not Crossrope.

 App Social Features

The Crossrope App allows you to connect with friends and view each other's workout and jump session progress. In addition, Crossrope may display leaderboards that show top performers among our users. However, please note that Crossrope reserves the right to ban your account from accessing social features, including friend connections and leaderboards, at any time if you violate these Terms and Conditions. This includes using inappropriate language or content in your username, as we do not tolerate any form of discriminatory or offensive behavior on our platform. We appreciate your cooperation in creating a positive and inclusive community within the Crossrope App.

 

Teams in the App and Other Associated Social Features

By participating in any team-based or social feature within the Crossrope app, you agree to the following terms:

1. Team Membership and Moderation

  • Crossrope reserves the right to add or remove users from teams at any time, without prior notice.
  • Users posting inappropriate content, using improper usernames, or failing to comply with these Terms and Conditions may be banned from teams at any time.

2. Reporting Inappropriate Behavior

  • Crossrope provides in-app controls for reporting inappropriate users or content. By participating, you agree to report any inappropriate behavior to [email protected].

3. Content Standards

These Content Standards apply to any and all User Content (as defined below) and use of the Services. User Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the following, User Content must comply with the following Standards:

  • Please refrain from posting any content related to religion or politics. Keep comments focused on fitness and other non-controversial topics.
  • Any workout activity you complete will be automatically posted to your team(s).

4. Privacy and Safety

  • Comments posted within teams should be considered public. While your comments will primarily be visible to your team members, public teams may have new members added at any time. Please exercise caution when posting personal information.
  • Respect the privacy of other team members. Do not share photos, videos, or any unsolicited messages of or to other members without their explicit written consent.

5.  Monitoring and Enforcement.

  • Crossrope's moderation team may review User Content to ensure it complies with these standards.
  • Users who violate the above  standards may be removed from teams or banned from using social features.

6.          Reporting Issues and Support

  • If you encounter any issues within the app or related to teams, please contact [email protected] for assistance.
  • If you wish to leave a team and require help, email [email protected] for guidance.

7. Community Conduct

Please follow similar rules as outlined in our Facebook community group:

Group Rules from the Admins

1. Be Kind and Respectful Treat every member in our community with respect. We are a positive, inclusive, and supportive group with zero tolerance for harassment. Users who violate this rule may be removed. If you need to report a post, please provide screenshots for review.

2. Respect Everyone’s Privacy Respect the confidentiality of our members. Sharing photos, videos, or sending unsolicited messages to other members without written consent is prohibited. Violators may be removed. Please provide screenshots when reporting posts.

3. Send App Issues to the App Team If you experience issues while using the Crossrope app, please email [email protected] to report them. Providing screenshots will help our team address the issue more efficiently.

4. No Politics or Religion While we encourage authentic and expressive discussions, sensitive topics like politics and religion are not permitted. Posts on these topics will be removed upon being reported.

5. No Promotion, Spam, or Direct Messages (DMs) Self-promotion, spam, irrelevant links, and unsolicited DMs are prohibited. This includes posting links to other Facebook pages, groups, brands, product videos, affiliate links, or solicitations. Violators may be removed. Please provide screenshots when reporting such behavior.

6. Stay on Topic This is a Crossrope jump rope fitness community. Please keep your posts relevant to jump rope and fitness. While we allow some alternative health and fitness discussions, we reserve the right to remove off-topic posts or comments.

7. Final Words The Crossrope admin team reserves the right to close or delete any posts or comments deemed inappropriate, irrelevant, or destructive. Our team has the final say on reported posts and comments. If you have any questions, please contact a moderator.

8. Children and Inappropriate Content

  • While Crossrope takes moderation seriously and provides reporting tools, we cannot guarantee that all content will be appropriate for all users at any time.
  • Parents and guardians are responsible for supervising any minor’s use of the Crossrope app and associated social features.
  • If a minor encounters inappropriate content, we encourage users to report it immediately using the in-app tools or by contacting [email protected].
  • Crossrope reserves the right to review, edit, or remove any User Content that violates our terms or community standards.

 User Content

“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the App; and (ii) ”User Content” means any content that users (including you) provide to be made available through the App. Content includes, without limitation, User Content.

Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and Conditions and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the App is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the fullest extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the App.

As between you and Crossrope, you represent that you own (or have all rights necessary to grant Crossrope the rights below to) all User Content that you submit through the App, and that Crossrope will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Crossrope a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the App permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Crossrope or through the App about improving or adding new features or products to the App or any Crossrope product or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to Crossrope a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the App. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

RESTRICTIONS ON ACCESS AND/OR USE

You may use the Services only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Services:

·        In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

·        For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

·        To send, knowingly receive, upload, download, use, or re-use any materials that do not comply with the Content Standards set out in these Terms and Conditions.

·        To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

·        To impersonate or attempt to impersonate Crossrope, a Crossrope employee, another user, or any person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).

·        To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Crossrope or users of the Services, or expose them to liability.

In addition, you agree not to:

·        Use the Services in any matter that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

·        Attempt to gain unauthorized access to the Services, or any part thereof, other accounts, or computer systems or networks connected to the Services, or any part thereof, through hacking, password mining, or any other means or attempt to interfere with the proper working of the Services or any activities conducted on the Services.

·        Exploit the Products or Services for commercial gain.

·        Use or attempt to use any device, software, or routine that interferes with the proper working of the Services.

·        Use any robot, spider, scraper, or other automated means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

·        Otherwise attempt to interfere with the proper working of the Services.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right, in our sole discretion, to:

·        Remove or refuse to post any User Content for any or no reason in our sole discretion.

·        Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services, or the public, or could create liability for Crossrope.

·        Disclose your identity or other information about you to any third party that claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

·        Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

·        Restrict, terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms and Conditions, without prior notice or liability.

Crossrope reserves the right to change, suspend, or discontinue all or any part of the Services without any prior notice or liability. You agree that we may terminate your access to or use of the Services under any provision of these Terms and Conditions without prior notice.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. However, we have no obligation to and do not undertake to review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CROSSROPE BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES OR YOUR USE OR MISUSE OF THE PRODUCTS, EVEN IF CROSSROPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE). UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION FOR LOSS ARISING FROM OUR NEGLIGENCE, SHALL CROSSROPE, LLC AND/OR ANY OF ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED BY YOU OR ANY THIRD PARTY FOR INJURY OR DAMAGES TO ANY PERSON OR PROPERTY (INCLUDING WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES OF ANY NATURE) ARISING FROM YOUR USE OF THE SERVICES OR YOUR USE OR MISUSE OF THE PRODUCTS, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO ANY DAMAGES SUFFERED AS A RESULT OF PRODUCT MALFUNCTION OR BREAKAGE, ANY AND ALL DEFECTS, LATENT OR APPARENT, OR PROBLEMS OR DEFICIENCIES IN THE DESIGN OR CONDITION OF THE PRODUCT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY AND ALL KINDS, WHETHER THE CLAIM IS IN CONTRACT, TORT, PRODUCT OR STRICT LIABILITY, OR NEGLIGENCE EVEN IF AN AUTHORIZED REPRESENTATIVE OF CROSSROPE HAD BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

APPLICABLE LAW IN CERTAIN JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, UNLAWFUL, VOID, OR UNENFORCEABLE FOR ANY REASON, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.

MAXIMUM LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CROSSROPE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS, IN THE AGGREGATE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO CROSSROPE OVER THE 12 MONTHS PRECEDING THE DATE YOUR FIRST CLAIM(S) AROSE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CROSSROPE AND YOU. YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

THE CONTENT AVAILABLE VIA THE SITE, PRODUCTS, AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND.

Disclaimer

Crossrope reserves the right to modify the Products or Services, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Crossrope Product or Services, at any time, in its sole discretion. Crossrope has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Crossrope Products or Services is suitable for all users or that it will continue to be available for any length of time. We make no representation about the reliability of the features of the Services and disclaim all liability in the event of any Site or App failure. You acknowledge that reliance on such materials or systems will be at your own risk.

Crossrope provides the Products and Services, including all Content, materials, and functionality of the Site and Apps, on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Crossrope Products and Services at your own risk. Other than as expressly provided in writing by Crossrope in connection with your purchase of a Crossope Product, to the fullest extent permitted by law, Crossope expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, durability, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Crossrope does not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within the Services. Without limiting the foregoing, Crossrope makes no representations or warranties:

1. That the Crossrope Products or Services will be permitted in your jurisdiction;

2. That the Crossrope Products r Services will be uninterrupted or error-free;

3. Concerning any Content, including User Content;

4. Concerning any third party’s use of User Content that you submit;

5. That the Crossrope Products or Services will meet your personal needs;

6. That Crossrope will continue to support any particular feature of the Crossrope Products or Services; or

7. Concerning sites and resources outside of the Crossrope Products or Services, even if linked to from the Crossrope Products or Services.

To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms and Conditions. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE CROSSROPE SERVICE OR PRODUCT, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD. This limitation does not affect any non-waivable statutory rights that apply to you.

INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold Crossrope and all of its affiliates, parents, subsidiaries, employees, officers, agents, representatives, suppliers, contractors, successors, and assigns harmless from and against any and all claims, actions, lawsuits, losses, liabilities, damages, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to your violation of these Terms and Conditions or your use of the Products or Services, including but not limited to your access to, use, or misuse of the Products or Services other than as expressly permitted by these Terms and Conditions, or your use of any information obtained from the Services. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting in our defense of such matter. You agree not to settle any matter without our prior consent.

LINKS TO OTHER SITES

The Services may from time to time include links to other websites that are not under Crossrope’s control. We provide these links for your information and convenience only and do not endorse the content of such linked websites or third parties. Crossrope expressly disclaims any responsibility for the content or availability of any linked site or any link contained in a linked site. We may terminate any link or linking program at any time. When you access any of the third party sites linked to this site, you do so at your own risk.

DISPUTE RESOLUTION BY BINDING ARBITRATION

Notice. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Jury Trial Waiver. To the maximum extent permitted by law, you and we waive any right to trial by jury in the event of a lawsuit arising out of or related to these Terms and Conditions, the Products, or the Services. This jury trial waiver shall not affect the Arbitration Agreement below (including the jury trial waiver contained therein). You and we each represent that this waiver is given knowingly, willingly, and voluntarily.

Agreement to Arbitrate. This Section is referred to as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Crossrope, whether relating to these Terms and Conditions (including any alleged breach thereof), this Site, the Products, the Services, any advertising, any aspect of the relationship between you and us, or otherwise, shall be resolved exclusively through final and binding arbitration administered by National Arbitration and Meditation (“NAM”), rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and Crossrope are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.

Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND CROSSROPE AGREE THAT WE MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CROSSROPE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures. We are always interested in resolving any disputes amicably and efficiently, and most user concerns regarding the Products or Services can be resolved quickly and to the user’s satisfaction by emailing us at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration or file a claim in small claims court must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Crossrope should be sent to 6101 Westgate Road, Suite 107 | Raleigh, NC, 27617 (“Notice Address”). The Notice must (a) include the claimant’s name, address, and email address; (b) describe the nature and basis of the claim or dispute;  (c) set forth the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation for them; and (d) include a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can only concern your dispute and no other person’s dispute.

After the receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). If Crossrope and you do not resolve the claim within 60 calendar days after the Notice is received, you or Crossrope may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules). During the arbitration, the amount of any settlement offer made by Crossrope or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Crossrope is entitled.

Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration.

Arbitration Procedures. The arbitration proceedings shall be heard by one independent arbitrator who shall be a retired or former judge or an attorney with at least 10 years of experience. The arbitration shall be held in accordance with the then-existing Comprehensive Dispute Resolution Rules in effect for NAM, as modified by this Arbitration Agreement. If the administrator is unwilling or unavailable to administer consistent with these Terms, another arbitration provider will be selected by the parties that will do so. If the parties are unable to select an administrator by mutual consent, the administrator will be selected by a court with jurisdiction pursuant to Section 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). All matters within the scope of the FAA will be governed by it and not by any state arbitration law. Notwithstanding any language in this Arbitration Agreement to the contrary, no arbitration may be administered by any administrator that has in place a formal or informal policy that is inconsistent with the Prohibition of Class and Representative Actions and Non-Individualized Relief, without the consent of all parties to the arbitration.

Location. For any in-person arbitration hearing, the hearing shall take place in Virginia Beach, Virginia, unless you and Crossrope agree otherwise.

Jury Trials Prohibited; Other Limitations on Legal Rights. You and Crossrope waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms and Conditions, as a court would.

Results. In reaching his or her decision, the arbitrator shall follow these Terms and Conditions, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowable by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.

More Information. If you have a question about the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, NAM’s Commercial Dept. can be contacted at (800) 358-2550 or by NAM’s website at www.namadr.com.

Confidentiality. Other than as many required by law, all aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, shall remain confidential and not be disclosed to anyone other than the parties to these Terms and Conditions.

Severability. If a court decides that any term or provision of this Arbitration Agreement other than the Prohibition of Class and Representative Actions and Non-Individualized Relief paragraph above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any provision in the Prohibition of Class and Representative Actions and Non-Individualized Relief paragraph is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms and Conditions will continue to apply.

Limitation of Time to Files Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Governing Law

Subject to the Arbitration Agreement above, all matters relating to the Products, the Services and these Terms and Conditions, including without limitation the construction, validity, interpretation, and enforceability of these Terms and Conditions, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in the United States of America without giving effect to the conflict of laws rules thereof. With respect to any disputes or claims which are not subject to arbitration as set forth herein and/or for entering any judgment on an arbitration award, you and Crossrope agree to submit to the personal and exclusive jurisdiction and venue of courts of the Commonwealth of Virginia located in Virginia Beach, Virginia or the United States District Court for the Eastern District of Virginia, Norfolk Division, and except as stated herein, you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions, the Products or the Services

SURVIVAL

The following sections of these Terms and Conditions survive termination of your access to and use of the Services: Proprietary Rights, Limitations on Liability, Disclaimer, Indemnification, Dispute Resolution by Binding Arbitration, Limitation of Time to File Claims, Governing Law, General, and Other Important Terms.

EXPORT CONTROL

The Services, including all content, features, and materials of the Services, are intended for use within the United States only. We make no representation that the Services or any of its content, features, or materials are appropriate or available for use in other locations. Those who access the Services from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. You agree to comply with all U.S. or other export and re-export control restrictions. You represent and warrant that you are not located in, or a resident or a national of, any country (a) subject to a U.S. government embargo or similar restriction, or that has been designated by the U.S. government as a “terrorist supporting” country, or (b) listed on any U.S. government lists of prohibited or restricted parties.

GENERAL

The Terms and Conditions constitute the entire agreement between Crossrope and you with respect to your purchase of Products from Crossrope and/or your use of the Services. Any failure by Crossrope to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Crossrope’s written consent which may be withheld reasonably or unreasonably. Only you and Crossrope shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Crossrope’s and their respective successors and assigns. In the event that any part of these Terms and Conditions is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.


OTHER IMPORTANT TERMS

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.