THE SITE AND SERVICES ARE INTENDED TO BE ACCESSED AND USED BY USERS AS A TOOL TO ASSIST IN ORGANIZING, MANAGING AND CONTRIBUTING TO CRYPTOASSET PRIVATE PLACEMENT TRANSACTIONS. THE SITE AND SERVICES ARE NOT INTENDED TO PROVIDE LEGAL OR FINANCIAL ADVICE NOR SHOULD ANYTHING INCLUDED OR REFERENCED ON THE SITE BE CONSTRUED AS SUCH ADVICE. EXCEPT WITH RESPECT TO ITS RECEIPT OF FEES FOR ACCESS TO THE SERVICES, CROSSCHAIN DOES NOT PARTICIPATE IN THE TRANSACTIONS LISTED ON THE SITE AND CROSSCHAIN DOES NOT RAISE FUNDS FOR, CUSTODY, HOLD OR TRANSMIT FUNDS OR ASSETS IN CONNETION WITH, OR MARKET OR ADVERTISE ANY OF THE TRANSACTIONS LISTED ON THE SITE. ANY SUCH ACTIVITIES ARE SOLELY UNDERTAKEN BY THE PARTIES WHICH LIST TRANSACTIONS ON THE SITE AND THE PARTICIPANTS IN THOSE TRANSACTIONS. CROSSCHAIN IS NOT AN EXCHANGE, A BANK, A MONEY TRANSMITTER, A MARKET MAKER, A CUSTODIAN OR A BROKER-DEALER AND DOES NOT PROVIDE THE SERVICES OF ANY OF THE FOREGOING. CROSSCHAIN PROVIDES ONLY TECHNOLOGY AND SOFTWARE SERVICES. TRANSACTIONS OF THE TYPE POSTED ON THE SITE ARE "PRIVATE PLACEMENTS" AND MAY ONLY BE OFFERED IN THE US ONLY IF THEY QUALIFY FOR AN EXEMPTION FROM REGISTRATION UNDER THE US SECURITIES ACT OF 1933 AND APPLICABLE US STATE SECURITIES LAWS. COMPLIANCE WITH SIMILAR OR ADDITIONAL NON-US REGULATIONS MAY BE REQUIRED WITH RESPECT TO TRANSACTIONS INVOLVING PERSONS RESIDENT OR LOCATED IN NON-US JURISDICTIONS. THE USERS POSTING TRANSACTIONS TO THE SITE ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS AND REGULATORY REQUIREMENTS. CROSSCHAIN DOES NOT REVIEW, APPROVE, OPINE UPON OR WARRANT SUCH COMPLIANCE. INVESTMENTS IN PRIVATE PLACEMENT TRANSACTIONS INVOLVE SIGNIFICANT RISKS AND YOU SHOULD CONSULT YOUR OWN FINANCIAL, LEGAL, TAX OR OTHER ADVISERS TO ASSIST YOU IN MAKING ANY INVESTMENT DECISION.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” BUTTON OR BOX, OR ACCESSING OR USING THE SITE OR THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT.
If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older. Additionally, the Site and Services are only intended for use in accordance to all laws and regulations applicablet to the user by their prevailing regulatory institutions.
If you are a Sponsor, you are posting or listing a transaction on the Site subject to these Terms of Service and applicable law. In connection with your use and access to the Services and the Site you represent and warrant to Crosschain that you are a registered broker-dealer or that you otherwise have all licenses and regulatory qualifications as may be required by applicable law in connection with a transaction. You acknowledge that you and not Crosschain are solely responsible for regulatory compliance with respect to any transaction you list on the Site, including, as applicable, KYC/AML and investor qualification requirements with respect to the participating Subscribers. You may upload information about a transaction to the Site provided, that you shall be solely responsible for the accuracy, completeness and regulatory compliance of all information you upload (your “Content”). The Services may provide you with functionality that limits or selects which Subscribers may see your Content; provided, however, that Crosschain relies without verification on information provided by Subscribers regarding their location, residence, and other qualifications. One of the requirements of the private placement exemption under US securities laws is that a “general solicitation” shall not be made, except where, as provided under Rule 506(c) of Regulation D under the US Securities Act of 1933, as amended, reasonable steps have been taken to verify that all of the participants in the placement accredited investors. Crosschain cannot guarantee that Subscribers who see your Content do not to distribute that information to third-parties. We also cannot guarantee that there will never be a software bug or a hacker attack that allows unauthorized viewing of your Content. Furthermore, many states and foreign countries all have their own regulations governing securities transactions that must be observed. You must make your own assessment regarding regulatory requirements as may be applied to your activities on the Site.
If you are a Subscriber, you are viewing and may participate in transactions listed or posted to the Site by Sponsors subject to these Terms of Service and applicable law. In connection with your use and access to the Services and the Site you represent and warrant to Crosschain that you are a sophisticated investor with personal or professional experience assessing the transactions found on the Site and you acknowledge and agree that your participation in any particular transaction may result in the total loss of any assets you place at risk with respect to such transactions. You further acknowledge that you will be required by the Sponsor to satisfy applicable regulatory requirements including, as applicable, KYC/AML and investor qualification requirements and that you are not relying on Crosschain to, and that you understand that we do not, endorse, support, evaluate, confirm or otherwise stand behind represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or communications posted via the Services or any transaction posted or listed on the Site.
The Site is not directed and the Services are not to be accessed by any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Site or the use or access to the Services is prohibited. Persons in respect of whom such prohibitions apply must not access the Site or use the Services. The Site is not directed and the Services are not to be accessed by any person in any jurisdiction which would subject Crosschain to any registration requirement within such jurisdiction. Each user of the Site or the Services is solely responsible for compliance with local laws, if and to the extent local laws are applicable.
If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf. You further represent and warrant that you: (a) have not previously been suspended or removed from using our Services; (b) have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party; (c) are not located in, under the control of, or a national or resident of (i) any jurisdiction where the access to the Site or use of the Services are unlawful or otherwise prohibited by regulatory authorities, or (ii) any country to which the United States has embargoed goods or services; (d) are not identified as or acting as an agent for a Specially Designated National (SDN); (e) are not placed on the US Commerce Department’s Denied Persons List; and (f) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.Privacy
The Site, Services and Content are protected by copyright, trademark, patent and other laws of the United States and foreign countries. Crosschain and its licensors exclusively own all right, title and interest in and to the Site, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Content. You will not claim any ownership right in any material, software or other intellectual property displayed on, published by or otherwise available through the Site, other than Content, software or intellectual property that you own or otherwise have rights to without regard for its posting or listing on the Site. You will not claim any right to access, view or alter any source code or object code of Crosschain.Content License
Subject to your compliance with the terms and conditions of these Terms of Service, Crosschain grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Crosschain or its licensors, except for the licenses and rights expressly granted in these Terms of Service.
You are licensing to us the right to publish all Content you upload to the Site. Your Content will be viewable by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others. You acknowledge that Crosschain is not obligated to pay you or to cause any other party to pay you any compensation with respect to your activities on the Site, or to feature or otherwise display your Content on any web page. All comments, feedback, suggestions, ideas, forum posts and other submissions disclosed, submitted or offered to Crosschain in connection with the use of the Services or otherwise, and any chat, blog, message board, online forum, text, email or other communication with Crosschain, shall deemed to have been licensed to Crosschain on a nonexclusive, worldwide, royalty-free, perpetual basis.Account Registration
In order to access certain features of the Site and Services, you may register to create an account (“Account”) and become a “Member.” During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Crosschain reserves the right to suspend or terminate your Account if your use of the Site is found to be a violation of any applicable laws or is found to be acting against or outside of your relevant regional financial or securities regulations. You are responsible for safeguarding your password and protecting your ethereum wallets' private keys. You agree not to disclose your password or private keys to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Crosschain of any unauthorized use of your Account.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions (including investigation of potential violations hereof), (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests or (v) protect the rights, property or safety of Crosschain, its users and the public.User Obligations
You agree not to do any of the following:
Post, publish, submit or transmit any text, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; Use, display, mirror or frame the Site, or any individual element within the Site, Crosschain’s name, any Crosschain trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Crosschain’s express written consent; Access, tamper with, or use non-public areas of the Site, Crosschain’s computer systems, or the technical delivery systems of Crosschain’s providers;Attempt to probe, scan, or test the vulnerability of any Crosschain system or network or breach any security or authentication measures;Attempt to interact with any smart contract deployed by the Site from outside of the TokenTable service except as needed to participate in the Services; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Crosschain or any of Crosschain’s providers or any other third party (including another user) to protect the Site, Services or Content;Attempt to access or search the Site, Services or Content or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Crosschain or other generally available third party web browsers;Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; Use any meta tags or other hidden text or metadata utilizing a Crosschain trademark, logo URL or product name without Crosschain’s express written consent; Use the Site, Services or Content in any manner not permitted by these Terms of Service; Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing. Crosschain will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Crosschain may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Crosschain has no obligation to monitor your access to or use of the Site, Services or Content, or to review or edit any Content, user credentials or identity, profile or account information, but Crosschain has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Our failure to exercise the foregoing right does not give you any right to make a claim against us. Any Content that has been uploaded through the Services may be deleted at any time without notice to you. Crosschain reserves the right, at any time and without prior notice, to remove or disable access to the Site, Services or any Content, including any Content, that Crosschain, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Site or Services.
Additional Requirements related to Transactions.
You will only participate in a transaction, fund or other product posted or listed on the Site after carefully reviewing and assessing the terms of the transaction and you will use your own judgment before making any decision to list or post a transaction to the Site or to participate in any transaction.
You will be solely responsible for complying with applicable law regarding any transaction, including without limitation the determination of whether any Subscriber in a transaction for which you are a Sponsor satisfies the required investor qualification requirements.
You will obtain such professional advice as is appropriate to protect your interests, including legal, tax, accounting and other advice; and
You will not use the Site or the Services for any transaction that might cause Crosschain to have to register as a broker dealer or investment adviser with the US SEC, to be treated as an underwriter, exchange, bank, money transmitter, or custodian with respect to any transaction or assets under the laws of the US or any other jurisdiction.
You agree that these Terms of Service does not entitle you to any support, upgrades, updates, add-ons, patches, enhancements, or fixes for the Services (collectively, “Updates”). We, however, may occasionally provide automatic Updates to the Services at its sole discretion (and without any advanced notification to you). Any such Updates for the Services shall become part of the Services and subject to these Terms of Service.
If you breach any of these Terms of Service, Crosschain will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. We may delete your account for any reason or for no reason at all, and if we delete your account you will lose all access to any information, connections or other features that may have value to you that may have been associated with your account. Crosschain reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause. You may cancel your Account at any time by sending an email to email@example.com. If the decision to terminate your account is made while you are still actively involved in a compliant deal on the TokenTable platform, Crosschain may disable your ability to access the Site beyond the deal(s) you are actively involved in, so that they may be allowed to play out undisturbed. UPON ANY TERMINATION OR CANCELLATION OF YOUR ACCOUNT, ANY INFORMATION THAT YOU ACCESS VIA THE SITE OR THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SITE OR SERVICES. We reserve the right to discontinue the Services or to change the Services or the Site in any way and at any time, with or without notice to you, without liability.
Without limiting the generality of the foregoing, you specifically acknowledge that Crosschain is exempt from liability to any person for any claim based upon its termination of an account or disabling of access to or removal of any Content, including material it believes, in its sole discretion to violate these Terms and Conditions, regardless of whether the material ultimately is determined to be infringing or otherwise prohibited, and regardless of whether such termination or disabling has the effect of reducing the value of any Content or opportunities that might otherwise have been available to you. By using the Services, you agree that notice to you through an email to the email address you provided in your profile constitutes reasonable efforts to notify you of any removal or disabling if such notice is required.Limitations on Crosschain’s Obligations
Verifying Due Diligence. We are not responsible for performing due diligence on the Sponsors, Subscribers or the transactions posted to or listed on the Site or verifying the accuracy of any representations, materials or other information provided by Sponsors or Subscribers.
Verifying Accredited Investor Status. We are not responsible for verifying that that any subscriber is an Accredited Investor as defined under the US Securities Act of 1933, as amended, or is a Qualified Purchaser as defined under the US Investment Company Act of 1940, as amended, or is otherwise authorized or appropriate to participate in any particular transaction, or for determining whether any use of the Site or the Service constitutes a general solicitation of securities under the securities laws of the United States, or the laws of any state or other jurisdiction, including foreign jurisdictions. No Recommendations. We do not recommend any transactions listed on or posted to the Site or verify or claim the accuracy of information provided by Sponsors or Subscribers on the Site or via the Services. In particular, we do not act as an investment adviser to any Investor(s) and no part of this Site is intended to constitute investment advice.
Confidentiality. We are not obligated to maintain the confidentiality of any Content you give us.
Intellectual Property Rights. Crosschain has no obligation to monitor or enforce any intellectual property rights that may be associated with Content you provide to us, but Crosschain does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
Business Opportunities. In the event that Crosschain invests in any business, we are not obligated to make that investment opportunity available to anyone else.
No Endorsement of Content. Crosschain does not control or endorse the Content, messages or information found in the Services or external websites that may be linked to or from the Site and, therefore, Crosschain specifically disclaims any responsibility with regard thereto.
No Obligation to Display Content. Crosschain has no obligation to accept, display, review, verify, monitor or maintain any Content submitted by users. We have the right to delete Content without notice for any reason at any time. Crosschain may move, re-format, edit, alter, distort, remove or refuse to exploit Content without notice to you and without liability. Notwithstanding the forgoing rights, Crosschain reserves the right to treat Content provided by users and Comments as content stored at the direction of users for which Crosschain will not exercise editorial control except as required to enforce the rights of third parties and applicable Content restrictions when violations are brought to Crosschain’s attention.
The TokenTable web application is an alpha release and is not represented to be free of bugs, computer system glitches or to be immune to data loss. The Ethereum blockchain that the Site interacts with is an experimental technology that Crosschain has no influence over and may change without warning, creating impairments to the Site and Services. Smart, contracts and the content and instructions they comprise, are immutable and cannot be altered as programatically stipulated. Users are expected to understand that they will not be able to alter the functionality of a smart contract once it is launched to the blockchain, which creates risks where business conditions might require a change to a deal. Crosschain assumes no liability in connection to the functionality of the Ethereum blockchain or any losses that may result from blockchain performance.
Crosschain is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or media players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to your or to any other person’s computer, mobile phone or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Services, including any mobile software. Under no circumstances will Crosschain be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site or the Services, or third party applications, software or content posted on or through the Services or transmitted to users or any interactions between users of the Services, whether online or offline.
Crosschain will not be responsible or liable for any harm to your computer system, loss of data or other harm that results from your access to or use of the Site or the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis.General Disclaimers
THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CROSSCHAIN EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CROSSCHAIN MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. CROSSCHAIN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
ANY INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CROSSCHAIN OR THROUGH THE SITE, SERVICES OR CONTENT, IS NOT INTENDED TO PROVIDE LEGAL OR FINANCIAL ADVICE AND WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION STORED ON OR ACCESSIBLE VIA THE SITE AND SERVICE IS STORED AND ACCESSIBLE AT YOUR OWN DISCRETION AND RISK AND THAT CROSSCHAIN WILL NOT BE RESPONSIBLE FOR ANY LOSS OF OR DAMAGE TO THE PERSONAL AND FINANCIAL INFORMATION OR ACCESS INFORMATION AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
NEITHER CROSSCHAIN NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL OR FINANCIAL ADVICE. CROSSCHAIN IS NOT A FINANCIAL PLANNER, BROKER OR ADVISOR. The Services are provided in order to assist you in launching, managing or contributing to cryptoasset transactions have broad applicability. Your personal financial situations are personal to you, and any transactions or advice obtained through use of the Services may not be appropriate or relevant for your personal situation. Accordingly, before making any final decisions or revising any financial strategies, please consider obtaining additional information and advice from professional advisors who familiar with your personal circumstances.
We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon or any content you receive as a result of your relationship with Crosschain.Risk of Loss
Blockchains, cryptocurrency, cryptoassets and digital assets are new, experimental and not fully regulated. You may lose any or all money you invest in such assets or in deals on the Site. Crosschain has little influence over the deals on its platform and makes no representations or warranties as to their quality or viability.Indemnity and Release
You agree to defend, indemnify, and hold Crosschain, its affiliates, and any of its or their officers, directors, employees and agents (each a “Crosschain Person”), harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Content, or your violation of these Terms of Service. Your obligations under the foregoing indemnity may not be offset against any other claim you may have against Crosschain or any Crosschain Person. You remain solely responsible for all Content that you upload, each transaction you post or list on the Site and any , email, transmit, or otherwise disseminate using, or in connection with, the Services. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.
You hereby release any claims you may have against Crosschain and any Crosschain Person that are in any way related to the Services or your use of Content, including any representations, recommendations or referrals you may receive as a result of your registration with Crosschain. You are solely responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners.Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT REMAINS WITH YOU. NEITHER Crosschain NOR ANY OTHER party involved in creating, producing, or delivering the Site, Services or Content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, arising out of or in connection with THESE TERMS OF SERVICE or from the use OF or inability to use, the SITE, SERVICES OR CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not CROSSCHAIN has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
In no event will Crosschain’s aggregate liability arising out of or in connection with THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CROSSCHAIN AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
All trademarks, service marks, logos, trade names and any other proprietary designations of Crosschain used herein are trademarks or registered trademarks of Crosschain. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.Copyright Policy
Crosschain respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the U.S. Copyright Act have been infringed by acts of third parties over the Internet.
If you believe that your copyrighted work has been copied without your authorization and is available on or in the Services in a way that may constitute copyright infringement, or if you believe that any material on the Services violates these Terms of Service or your intellectual property rights, please notify Crosschain as soon as possible by sending an email to firstname.lastname@example.org, or by mailing a letter to our Copyright Agent (listed below) containing the following information in accordance with the DMCA: (i) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (ii) identification of the copyrighted work claimed to have been infringed; (iii) your contact information, including your address, telephone number, and an email address; (iv) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Our Copyright Agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Services is:
Crosschain Group LLC
30 N. Gould St, Suite 10694
Sheridan, WY 82801
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Crosschain will also terminate a user’s account if the user is determined to be a repeat infringer.
These Terms of Service and any action related thereto will be governed by the laws of the State of Wyoming without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Wyoming and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Binding Arbitration at Option of Either Party. If you and Crosschain are unable to resolve a Dispute through informal negotiations, either you or Crosschain may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by confidential binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court of proper jurisdiction rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Crosschain will pay all arbitration fees and expenses. The arbitration may be conducted, at the option of the claimant, either in person or by video conference. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged within a reasonable period of time (not to exceed 30 days) if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Crosschain may litigate in court to compel arbitration, stay proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Judgment upon any award rendered by the arbitrator(s) may be entered and enforcement obtained thereon in any court having jurisdiction. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. Each party shall have the right to participate by video conference in order to minimize travel and expense burdens. Subject to the express terms and conditions of these Terms of Services, the arbitrator shall have authority to grant any form of appropriate relief, whether legal or equitable in nature, including specific performance.
Restrictions/No Class Actions. You and Crosschain agree that any arbitration shall be limited to the Dispute between Crosschain and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) no Dispute between you and Crosschain is to be arbitrated on a class-action basis or will utilize class action procedures; and (3) you may not bring any Dispute in a purported representative capacity on behalf of the general public, other users of the Services or any other persons.
Exceptions to Informal Negotiations and Arbitration. You and Crosschain agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Crosschain’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
Third Party Disputes. We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Services. If you have a dispute with other users, you release Crosschain and hereby agree to indemnify Crosschain from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, such a dispute.
Export Controls. Certain information provided by Sponsors or Subscribers may be subject to U.S. export controls. Thus, no such materials may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List. By downloading any material available through the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
Injunctive Relief. You acknowledge that the rights granted and obligations made hereunder to Crosschain are of a unique and irreplaceable nature, the loss of which shall irreparably harm Crosschain and which cannot be replaced by monetary damages alone, so that Crosschain shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).Entire Agreement
These Terms of Service constitute the entire and exclusive understanding and agreement between Crosschain and you regarding the Site, Services and Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Crosschain and you regarding the Site, Services and Content.Modification
Crosschain reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of the home page of the Site. By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and the Services.Assignment
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Crosschain’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Crosschain may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.Notices
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (i) by Crosschain via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.General
The failure of Crosschain to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Crosschain. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect. You may not assign these Terms of Service without Crosschain’s prior written consent. These Terms of Service contains the entire understanding of you and Crosschain, and supersedes all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Services by Crosschain. You and Crosschain both agree that regardless of any statute or law to the contrary but only to the extent permissible by law in each relevant jurisdiction, any claim or cause of action arising out of or related to use of the Services, these Terms of Service or your access to the Sites must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms of Service form an agreement between you and Crosschain. No user has any rights to force Crosschain to enforce any rights it may have against any you or any other user.