Agreement between user and Crossover

The Crossover Markets Website is composed of various web pages operated by Crossover Markets and its affiliates. “Crossover Website” shall be defined herein to include www.crossovermarkets.com and all other web pages operated or hosted exclusively by Crossover (“Services”).

The Crossover Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Crossover Website constitutes your agreement to all such terms, conditions, and notices.

Modification of these Terms of Use

Crossover reserves the right to change the terms, conditions, and notices under which the Crossover Website is offered in our sole discretion, including but not limited to the changes associated with the use of the Crossover Website. Your continued use of the Crossover Website following the posting of revised Terms of Use means that you accept and agree to the changes.

You may not use the Crossover Website and may not accept the Terms of Use (“Terms”) if you are a person barred from using services that Crossover provides under the laws of any country in which you are resident or from which you use the Services.

Crossover reserves the right to disclose aggregated data, or information or statements we publish without attribution to any identifiable individual, or specific data or statements that you separately and specifically agree we can share with the larger public or media, without infringing upon the user’s confidentiality.

Links to third-party sites

The Crossover Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Crossover, and Crossover is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Crossover is not responsible for webcasting or any other form of transmission received from any Linked Site. Crossover is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Crossover of the site or any association with its operators.

No unlawful or prohibited use

As a condition of your use of the Crossover Website, you warrant to Crossover that you will not use the Crossover Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Crossover Website in any manner, which could damage, disable, overburden, or impair the Crossover Website or interfere with any other party’s use and enjoyment of the Crossover Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Crossover Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.

Passwords and account security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Crossover for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Crossover immediately at info@crossovermarkets.com. 

Use of communication services

The Crossover Website may contain bulletin board services, chat areas, news groups, forums, commentary services, communities, calendars, and/or other message or communication facilities (collectively, “Communication Services”) designed to enable you to communicate with an individual, the public at large or with a group. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. To use the Communication Services you represent and warrant that you are at least of 18 years of age.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Advertise or offer to sell or buy any goods or services for any business purpose
• Solicit for any open jobs or positions, either temporary or permanent, or make any other type of solicitation Crossover deems to be inappropriate
• Use Communication Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives
• Conduct or forward surveys, contests, pyramid schemes or chain letters
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
• Harvest or otherwise collect information about others, including email addresses, without their consent
• Interfere with or disrupt the integrity or performance of the Communication Services, any portion or contents thereof, or related systems or networks
• Use the Communication Services in any way which degrades their reliability, speed or operation, or their underlying hardware or software
• Restrict or inhibit any other user from using and enjoying the Communication Services
• Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service
• Violate any applicable laws or regulations

Crossover has no obligation to monitor the Communication Services. Crossover cannot verify the accuracy of statements that users make or place on or through the Communication Services, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms.

All comments, concerns, and notices of violations of these Terms of Use can be made to info@crossovermarkets.com. If you have a concern about copyright ownership to any information posted on Crossover’s website, please refer to the DMCA provisions below.

However, Crossover reserves the right to:

• Review materials posted to a Communication Service and to remove or edit any materials in its sole discretion, including those in violation of these Terms
• Disclose your identity to any third party who 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 Crossover Website
• Change, terminate, or suspend the Communication Services, any features of the Communication Services, and any content or materials contained in the Communication Services, in any way, at any time and for any reason or no reason. Crossover also has the right to require you to cease accessing any features, content or materials of the Communication Services.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Crossover does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Crossover specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Crossover Members are not authorized Crossover spokespersons, and their views do not necessarily reflect those of Crossover.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to Crossover or posted to any Crossover website

Crossover does not claim ownership of the materials you provide to Crossover (including feedback and suggestions) or post, upload, input, or submit to any Crossover Website (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Crossover and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, agree to permit such in a separate agreement with Crossover.

No compensation will be paid with respect to the use of your Submission, as provided herein. Crossover is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Crossover’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

Termination/access restriction

Crossover reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the Crossover Website and the related services or any portion thereof at any time, without notice.

Liability disclaimer

THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND CROSSOVER EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT CROSSOVER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CROSSOVER WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CROSSOVER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE CROSSOVER WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE CROSSOVER WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, INVESTMENT, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CROSSOVER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE CROSSOVER WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Crossover AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CROSSOVER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CROSSOVER WEBSITE, WITH THE DELAY OR INABILITY TO USE THE CROSSOVER WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE CROSSOVER WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CROSSOVER WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CROSSOVER (OR ANY OF ITS SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CROSSOVER WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CROSSOVER WEBSITE.

Except as specifically stated in these Terms, or elsewhere on this website, or as otherwise required by applicable law, neither Crossover nor its directors, employees, content providers, affiliates, or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, inability to use, or the performance of this website or its content, whether or not we have been advised of the possibility of such damages. Crossover uses reasonable efforts to ensure the accuracy, correctness, and reliability of the content, but we make no representations or warranties as to the content’s accuracy, correctness or reliability.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Indemnification

Except as prohibited by law, you will hold Crossover and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Services; (ii) your violation of any of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

Digital Millennium Copyright Act (DMCA) notices

Crossover respects the intellectual property of others, and, particularly as to user-generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Crossover’s General Counsel at info@crossovermarkets.com the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
• Description of the copyrighted work or other intellectual property that you claim has been infringed
• A description of where the material that you claim is infringing is located on the site
• Your address, telephone number and email address
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law, and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf

International users

Crossover makes no claims regarding access or use of the Website or Crossover content outside of the United States. If you use or access the Website or Crossover content outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

Privacy and personal information

For information about Crossover data protection practices, please read our Privacy Policy. This policy explains how Crossover treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with our Privacy Policy. If you become aware of any unauthorized use of your password or of your account, you agree to notify Crossover immediately at info@crossovermarkets.com. 

Perpetuity rights

When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and Crossover have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations, and liabilities indefinitely.

Advertisement

Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode, and extent of advertising by Crossover on the Services are subject to change without specific notice to you.

Copyright

All contents of the Crossover Website are: Copyright 2022 by Crossover Markets. All rights reserved.

Trademarks

All Crossover trademarks are strictly owned by Crossover Markets or its affiliates, and nothing in these terms can be construed to transfer ownership rights or grant any permission, license or other rights to any Crossover trademark without written authorization from Crossover.

The names of actual companies and products mentioned within the Crossover Website may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

General legal terms

The Terms constitute the whole legal agreement between you and Crossover and govern your use of the Services (but excluding any services which Crossover may provide to you under a separate written agreement), and completely replace any prior agreements between you and Crossover in relation to the Services.

You acknowledge and agree that the form and nature of the Services, which Crossover provides, may change from time to time with or without prior notice to you.

You agree that if Crossover does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Crossover has the benefit of under any applicable law), this will not be taken to be a formal waiver of ACC’s rights and that those rights or remedies will still be available to Crossover.

When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and Crossover have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations, and liabilities indefinitely.

If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or Crossover (collectively “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in the State of New York and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in the State of New York. The arbitration requirement does not apply to requests for injunctive relief.

Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both Parties each waive any right to a jury trial. Parties both agree that either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

The Terms, and your relationship with Crossover under the Terms, shall be governed by the laws of the State of New York, USA, without regard to conflict of laws provisions. You and Crossover agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Crossover shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.

Crossover Compliance 

Crossover is an organization with strong values of responsibility and integrity. Our written standards and policies contain general guidelines for conducting business with the highest standards of ethics.

Crossover is committed to an environment where open, honest communications are the expectation, not the exception. Crossover has a strong non-retaliation policy for reports made in good faith.