Terms of Service - Crossed™️

Effective Date: March 1, 2024

These Terms of Service & End User License Agreement (“Terms”) govern your use of the website located at www.justcrossed.com; our Crossed mobile application (the “Crossed App”); any other websites, mobile applications, and digital properties operated by Just Crossed Corp. (“Just Crossed,” “we,” “us” or “our”); and the content, services, and functionalities available on all of the foregoing digital properties (collectively, the “Sites”).

These Terms represent a binding contract between Just Crossed and you. By registering with or creating an account on the Sites, you expressly represent that you agree to be bound by these Terms. If you do not agree to be bound by the Terms, you may not use the Sites.

Certain areas, features, or functionalities of the Sites may be subject to different or additional terms, rules, guidelines or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other means. All Additional Terms are hereby incorporated into these Terms by reference, and any reference to the “Terms” in this agreement includes the Additional Terms. From time to time, Additional Terms may conflict with these Terms; in the event of such a conflict, the Additional Terms will control.

IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

ELIGIBILITY

By using the Sites, you represent and warrant that you:

Are 18 years old or above the age of majority in your jurisdiction of residence (which is 18 in most but not all states), whichever is greater;
Are legally competent to form a binding contract;
Are a legal resident of the United States;
Have never committed, been convicted of, or pled no contest to a felony, a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of the Sites and have given you express written permission to use the Sites;
Are not registered or required to register as a sex offender with any state, federal or local sex offender registry;
Are not barred from using the Sites by any law, regulation, or decision of any court or governmental body;
Do not already have an account on the Sites; and
Your access to and permission to use the Sites has not been previously revoked by us, unless we subsequently gave you our express written permission to begin using the Sites again.

If you do not satisfy any of the foregoing conditions or any other conditions for authorized use of the Sites found elsewhere in these Terms (the “Eligibility Requirements”), you may not use the Sites. You agree that if, at any time during your use of the Sites, you fail to satisfy any of the Eligibility Requirements, you must and will immediately stop using the Sites.

ACCOUNT CREATION AND PASSWORDS

To access and use most aspects of the Sites, including all aspects of the Sites that facilitate interaction with other users, you must create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of the Sites. Under no circumstances are you permitted to create or operate more than one account on the Sites at any given time.

You are responsible for preserving the confidentiality of your account password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your account credentials are being used.

COPYRIGHT AND TRADEMARK OWNERSHIP

The Sites and their content, features and functionality, including, without limitation, information, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof (collectively, the “Just Crossed Content”), are the exclusive property of Just Crossed, our licensors, or other content suppliers, and are protected by United States and international copyright, trademark, patent and other intellectual property and proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use the Sites for personal, non-commercial use, and subject to these Terms. This license is available to you as long as you are in compliance with these Terms, are not barred from the Sites by applicable law, and/or your access is not terminated by us. If these Terms are not enforceable where you are located, you may not use the Sites. Just Crossed reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

Under this license, (a) you may access the Sites using a device that you own or are authorized to use (a “Device”); (b) your Device may temporarily store copies of the Sites incidental to such access; (c) your Device may store files that are automatically cached by your browser; (d) you may download a single copy of the Crossed App and any other mobile applications that we make available from time to time (collectively, the “Apps”) from Apple, Inc.’s App Store (the “App Store”) and Google LLC’s Google Play Store (“Google Play”); and (d) you may download information from the Sites and print out a hard copy, provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained thereon.

Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, create derivative works from, or otherwise use or exploit any Just Crossed Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Just Crossed and any applicable third party suppliers. Further, without the prior written permission of Just Crossed, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Sites, or incorporate any intellectual property of the Sites, Just Crossed or any of its licensors into another website or other service.

Any unauthorized use of the Just Crossed Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

USER CONTENT & LICENSE GRANTED BY YOU

Certain aspects of the Sites will permit users to submit, post, link, share, or otherwise make available information and content (“User Content”). User Content has not necessarily been reviewed or approved by Just Crossed, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any such content. Any views or opinions expressed in User Content belong to the users who shared the content and not to Just Crossed. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on any such content, even if that user content is false, misleading, inappropriate, or otherwise objectionable to you in any way.

You will retain ownership of any intellectual property rights that you have in your User Content, but, in exchange for the opportunity to use the Sites and submit, post, link, share, or otherwise make available such User Content, you automatically grant, or warrant that the owner of such content has expressly granted, Just Crossed a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display your User Content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses.

You will not acquire any rights in any other users’ User Content by using the Sites. You may not copy, reproduce, or otherwise exploit any User Content (other than your own), absent the express permission of the relevant user.

User Content shall not be deemed confidential and Just Crossed shall not have any obligation to keep any such material confidential. Just Crossed shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information. You are responsible for your User Content, and acknowledge that once published, we cannot always remove it.

USER VERIFICATION & SAFETY

WHEN USERS CREATE AN ACCOUNT ON THE SITES, THEY WILL BE GIVEN THE OPTION OF PARTICIPATING IN A LIMITED IDENTITY VERIFICATION (THE “USER VERIFICATION PROCESS”) BASED ON AN IMAGE OF A GOVERNMENT-ISSUED IDENTIFICATION CARD PROVIDED BY THE USER AND AN IMAGE THE USER HAS TAKEN OF HIMSELF OR HERSELF (COLLECTIVELY, THE “VERIFICATION MATERIALS”). BY ELECTING TO PARTICIPATE IN THE USER VERIFICATION PROCESS AND/OR SUBMITTING ANY VERIFICATION MATERIALS, YOU GRANT TO JUST CROSSED THE RIGHT TO SHARE SUCH MATERIALS WITH THIRD PARTIES FOR THE PURPOSE OF FACILITATING THE USER VERIFICATION PROCESS. YOU FURTHER AGREE THAT ALL VERIFICATION MATERIALS YOU SUBMIT TO JUST CROSSED WILL BE TRUTHFUL, ACCURATE, AND LEGITIMATE, AND THAT YOU WILL NOT PROVIDE ANY VERIFICATION MATERIALS THAT INCLUDE FALSE, OUTDATED, OR INACCURATE INFORMATION OR THAT ARE, IN ANY MANNER, MISLEADING AS TO YOUR IDENTITY. JUST CROSSED RESERVES THE RIGHT TO PROHIBIT OR TERMINATE YOUR ACCESS TO AND USE OF THE SITES BASED ON THE RESULTS OF THE USER VERIFICATION PROCESS, AS DETERMINED BY JUST CROSSED IN ITS SOLE AND ABSOLUTE DISCRETION. YOU HEREBY CONSENT TO THE USER VERIFICATION PROCESS AND AGREE NOT TO CONTEST ANY DECISIONS MADE BY JUST CROSSED BASED ON THE RESULTS THEREOF. VERIFICATION MATERIALS WILL NOT BE RETURNED.

IF A USER ELECTS TO PARTICIPATE IN, AND IS SUCCESSFULLY VERIFIED THROUGH, THE USER VERIFICATION PROCESS, A SHIELD DESIGN WITH A CHECK MARK (THE “VERIFICATION BADGE”) WILL BE DISPLAYED ON THE USER’S FULL PROFILE AND MATCH PROFILE (I.E., THE MORE LIMITED PROFILE VISIBLE WHEN TWO USERS INITIALLY MATCH). IF A USER’S FULL AND MATCH PROFILES DO NOT INCLUDE THE VERIFICATION BADGE, THIS MEANS THAT THE USER ELECTED NOT TO PARTICIPATE IN THE USER VERIFICATION PROCESS. IF YOU CHOOSE TO INTERACT WITH A USER THAT DOES NOT HAVE THE VERIFICATION BADGE, YOU ARE DOING SO WITH THE UNDERSTANDING THAT JUST CROSSED HAS NOT CONDUCTED ANY IDENTITY VERIFICATION WITH RESPECT TO THAT USER AND YOU ARE ASSUMING ALL RISK WITH RESPECT TO SUCH INTERACTIONS.

FURTHER, WHILE THE USER VERIFICATION PROCESS IS CONDUCTED IN THE INTEREST OF FOSTERING AN OPEN AND HONEST COMMUNITY ON THE SITES, YOU UNDERSTAND AND AGREE THAT IT IS A LIMITED IDENTITY VERIFICATION PROCESS THAT RELIES, IN PART, UPON THE VERIFICATION MATERIALS PROVIDED BY THE USER. AS SUCH, JUST CROSSED IS UNABLE TO GUARANTEE AND HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND YOU HEREBY WAIVE ANY CLAIMS AGAINST JUST CROSSED RELATED TO, THE ACCURACY, RELIABILITY, OR EFFECTIVENESS OF THE USER VERIFICATION PROCESS.

YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT JUST CROSSED HAS NO OBLIGATION TO CONDUCT THE USER VERIFICATION PROCESS AND SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PARTY ARISING FROM ANY DECISION TO DISCONTINUE OR MODIFY THE USER VERIFICATION PROCESS. YOU FURTHER ACKNOWLEDGE AND ACCEPT THAT, BEYOND THE LIMITED AND OPTIONAL USER VERIFICATION PROCESS, JUST CROSSED DOES NOT CONDUCT ANY CRIMINAL BACKGROUND CHECKS, IDENTITY VERIFICATION CHECKS, OR OTHERWISE INVESTIGATE, VERIFY, OR SCREEN ITS USERS (COLLECTIVELY, “BACKGROUND CHECKS”).

AS SUCH, JUST CROSSED MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE BEHAVIOR OR CONDUCT (WHETHER, PAST, OR FUTURE), IDENTITY, BACKGROUND, HISTORY, INTENTIONS, OR LEGITIMACY OF ANY USER, REGARDLESS OF WHETHER THE USER WAS VERIFIED THROUGH THE USER VERIFICATION PROCESS OR NOT. FURTHER, DUE TO THE NATURE OF THE SERVICES OFFERED THROUGH THE SITES, IT IS POSSIBLE THAT NOTIFICATIONS RECEIVED FROM JUST CROSSED WILL BE INITIATED BY USERS ENGAGING IN, OR WHO INTEND TO ENGAGE IN, FRAUDULENT, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR IMPROPER BEHAVIOR. YOU AGREE TO, AND HEREBY DO, RELEASE JUST CROSSED FROM ANY CLAIMS, DEMANDS, LOSSES, DAMAGES, AND ACTIONS OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT EITHER DIRECTLY OR INDIRECTLY ARISE FROM YOUR INTERACTIONS WITH, OR THE CONDUCT OF, OTHER USERS OF THE SITES, WHETHER SUCH INTERACTIONS OR CONDUCT OCCUR IN PERSON OR ON THE SITES AND WHETHER OR NOT THE RELEVANT USER(S) WHERE VERIFIED THROUGH THE USER VERIFICATION PROCESS.

AT THE SAME TIME, JUST CROSSED RESERVES THE RIGHT TO CONDUCT BACKGROUND CHECKS ON USERS AND TO CONDITION ACCESS TO THE SITES ON THE OUTCOME OF SUCH BACKGROUND CHECKS, ALL AS DETERMINED BY JUST CROSSED IN ITS SOLE AND ABSOLUTE DISCRETION. YOU HEREBY CONSENT TO SUCH BACKGROUND CHECKS AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE ON OR THROUGH THE SITES OR OTHERWISE TO JUST CROSSED MAY BE USED AND DISCLOSED TO THIRD PARTIES FOR THAT PURPOSE. YOU FURTHER AGREE NOT TO CONTEST ANY DECISIONS MADE BY JUST CROSSED (WITH RESPECT TO YOUR ACCESS TO THE SITES OR OTHERWISE) RELATED TO THE RESULTS OF ANY BACKGROUND CHECKS, INCLUDING THE REFERRAL OF ANY MATTER TO LAW ENFORCEMENT OR ANY GOVERNMENT AGENCY.

YOU ACCEPT THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WHILE SEX OFFENDER SCREENINGS AND OTHER PUBLICLY AVAILABLE TOOLS FOR INVESTIGATING AN INDIVIDUAL’S BACKGROUND MAY BE USEFUL IN SOME CIRCUMSTANCES, THEY DO NOT GUARANTEE YOUR SAFETY WHEN INTERACTING WITH OTHER USERS OF THE SITES. IT IS ESSENTIAL THAT YOU ALWAYS PROCEED WITH EXTREME CAUTION AND USE YOUR BEST JUDGMENT WITH RESPECT TO ANY SUCH INTERACTIONS, PARTICULARLY IF AND WHEN YOU AGREE TO MEET OTHER USERS IN PERSON. IF ANOTHER USER ENGAGES IN CONDUCT THAT YOU CONSIDER TO BE DANGEROUS, ILLEGAL, OR OTHERWISE OBJECTIONABLE OR IMPROPER, YOU MAY REPORT THAT USER AND SUCH CONDUCT TO US BY USING THE “REPORT” FEATURE, WHICH CAN BE FOUND IN YOUR CHAT WITH THE RELEVANT USER OR IN THAT USER’S PROFILE. IN ADDITION, IF, AT ANY TIME, ANOTHER USER MAKES YOU UNCOMFORTABLE, WE STRONGLY SUGGEST THAT YOU BLOCK THAT USER BY USING THE “BLOCK” FEATURE, WHICH CAN LIKEWISE BE FOUND IN YOUR CHAT WITH THE RELEVANT USER OR IN THAT USER’S PROFILE.

COMMUNITY GUIDELINES

It is our intention that the Sites always be a safe space for individuals seeking meaningful relationships—whether romantic, professional, or otherwise—to connect. Every user plays a role in creating that type of community. By using the Sites, you agree to do your part to make the Just Crossed community a safe and positive space.

Specifically, you hereby agree that, in all interactions with other users (in person or otherwise) you will be kind, courteous, and honest; communicate respectfully; be mindful of boundaries and seek consent before sharing sensitive content or engaging in an intimate manner; and never engage in any conduct that is illegal, harmful, violent, threatening, abusive, misleading, harassing, hateful, or otherwise objectionable or improper, all as determined by Just Crossed in our sole and absolute discretion.

SITE TRANSACTIONS

The Sites may permit users to engage in financial transactions (“Transactions”), including the purchase of Paid Subscriptions (defined below). If you wish to make a Transaction, you will be asked to supply certain information, including information about your method of payment and billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH A TRANSACTION.

You further agree to provide current, complete, and accurate information for all Transactions initiated on the Sites. You agree to promptly update your account and other information, as applicable, so that we can complete your order and contact you as needed. By submitting any information in connection with a Transaction, you grant Just Crossed the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of a Transaction.

We reserve the right to refuse service or cancel or modify Transactions in our sole discretion and shall have no liability to you other than refunding any payment made to Just Crossed in connection with the Transaction, if applicable. If we make a change to or cancel a Transaction, we will attempt to notify you by contacting the email and/or billing phone number provided at the time the Transaction was made.

You agree to pay all charges that may be incurred by you or on your behalf through the Sites. You remain solely responsible for any taxes that may be applicable to your Transactions. Further, it is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to your Transactions and the services acquired therefrom. By initiating a Transaction, you represent that the purchased services will be used only in a lawful manner. Any offer for any made on the Sites is void where prohibited.

SUBSCRIPTIONS, BILLING & CANCELLATION

A. Paid Subscriptions. Certain aspects of the Sites will be offered to paying customers only and on a subscription basis (“Paid Subscriptions“). While Paid Subscription options will vary from time to time, they will require you to pay a recurring fee on a monthly or annual basis, or at some other recurring interval disclosed to you prior to purchase (the “Subscription Period”).

Paid Subscriptions will typically be subject to Additional Terms presented to you prior to purchase. Please carefully review the terms of the applicable offer before enrolling in a Paid Subscription. We may change the price of Paid Subscriptions from time to time, but we will communicate any price changes to you in advance in the manner required by applicable law (if any) and, if applicable, we will tell you how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next Subscription Period.

By enrolling in a Paid Subscription, you authorize us to charge your credit card or other account that you have designated, on a recurring basis, for the applicable subscription fee at the then current rate plus applicable tax. All fees are charged in U.S. Dollars.

B. Auto-Renewal and Cancellation. The subscription fee for a Paid Subscription will be billed at the beginning of your Subscription Period or expiration of your free trial period, if any. Paid Subscriptions automatically renew until they are cancelled. This means that, after your initial Subscription Period, and again after any subsequent Subscription Periods, you will automatically be billed for an additional period of the same length. For example, for a monthly subscription, you will be billed for an additional month at the beginning of the next month, and then for each month after that, until you cancel your subscription.

You may cancel your subscription at any time by accessing the “Premium Mode” portion of your account and following the instructions to cancel. You have the right to cancel your subscription without fee or penalty at any time. If you cancel your subscription, the cancellation will be effective at the end of the current Subscription Period. You will have continued access to the service associated with the Paid Subscription for the remainder of the current Subscription Period, but you will not receive any refund, unless otherwise stated at the time of cancellation. Please note that the provision of a full or partial refund in one instance will not entitle you or any person to a full or partial refund under similar circumstances or for any reason not specifically agreed to by Just Crossed.

C. Free Trials. On certain occasions, Just Crossed may offer free trials of Paid Subscriptions. If we offer you a free trial, the specific terms of the trial period will be stated on the relevant portion of the Sites or the marketing material describing the free trial. If you do not cancel your free trial within the trial period set out in the offer terms, it will automatically convert to a Paid Subscription. This means that we will charge your payment card for the applicable subscription fee once your free trial period ends and we will continue charging you for each recurring Subscription Period thereafter until you cancel the subscription. You may cancel your subscription at anytime using the cancellation method described in Part B of this section. The free trial offer terms will present the details of the free trial and the Paid Subscription that will result absent cancellation.

SERVICE DESCRIPTIONS, AVAILABILITY & PRICING INFORMATION

Just Crossed strives to be as accurate as possible and eliminate errors on the Sites. However, there may be information on the Sites that contains typographical errors, inaccuracies, or omissions and they may relate to descriptions of our services, pricing, promotions, offers and/or availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Sites at any time and without prior notice (including after you have initiated a Transaction), at our sole discretion. In the event that any errors, inaccuracies, or omissions affect Transactions you have already initiated, your sole remedy is to cancel the relevant service, in compliance with any applicable Just Crossed policies.

We do not warrant that the quality of any services, information, or other content purchased or obtained by you via the Sites will meet your expectations. If an aspect of the Sites is not as described, or otherwise does not meet your expectations, your sole remedy is to cancel the relevant service (if applicable, and in compliance with any applicable Just Crossed policies) and to stop using the Sites or the relevant portion thereof.

SITE ITEMS

Certain features of the Sites may allow you to purchase access to and certain rights to use virtual items within the Sites (“Site Items”). Site Items may include, e.g., in-app currency, tokens, or other virtual items that enhance the functionality or features of the Sites. When you purchase a Site Item, you are purchasing a limited, personal, revocable, non-transferable, non-sublicenseable license to access and use the Site Item solely within the applicable feature of the Sites. Such access and use is at all times subject to these Terms and will often be subject to Additional Terms. Other than this limited license, you agree that you have no right, title, or ownership in or to any Site Items.

You acknowledge and agree that Site Items have no cash value and that neither Just Crossed nor any other person or entity has any obligation to exchange your Site Items for anything of value, including real currency. Further, Just Crossed has the absolute right to manage, regulate, control, modify and/or eliminate Site Items in its sole discretion and shall have no liability to you or anyone else for the exercise of such rights. If your account or access to the Sites is terminated, suspended, or otherwise modified, or if the Sites (or the relevant aspect thereof) is discontinued, any Site Items in your account or otherwise associated with you shall have no value and, as such, Just Crossed shall have no financial obligation or liability to you in connection with any such Site Items. You acknowledge and agree that Just Crossed may revise or take actions that impact the pricing and/or perceived value of Site Items and that we shall have no liability to you in connection therewith. All purchases of Site Items are final and under no circumstances refundable, transferable, or exchangeable.

Any attempt to transfer, trade, sell, or exchange Site Items to or with other users of the Sites or any other party (“Unauthorized Transactions”) is strictly prohibited. Just Crossed may, in its sole discretion, terminate, suspend, or modify your access to the Sites if you engage or assist in any Unauthorized Transaction or if Just Crossed suspects that you have engaged or plan to engage in such activity. Just Crossed may stop, suspend, terminate, discontinue, or reverse any actual or suspected Unauthorized Transaction and you agree to comply with, not contest, and release Just Crossed from any and all liability associated with the same.

REFUNDS

Unless expressly stated otherwise in these Terms, or otherwise in writing by Just Crossed, payment rendered to Just Crossed in connection with Transactions is final and non-refundable.

The following terms in this paragraph apply to users residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin only: You may cancel a Paid Subscription, without penalty or obligation and with a full refund, at any time prior to midnight of the third business day following your subscription date. For purposes of this paragraph, you “subscription date” is the date you submitted all information to Just Crossed needed to initiate the Transaction. In the event that you die before the end of a Subscription Period, your estate shall be entitled to a refund in the amount of the portion of the subscription fee allocable to the portion of the Subscription Period after your death. In the event that you become disabled (such that you are unable to use the Sites) before the end of a Subscription Period, you shall be entitled to a refund in the amount of the portion of the subscription fee allocable to the portion of the Subscription Period after your disability by providing Just Crossed notice in the same manner as you request a refund as described below.

To request a refund, please send an email to notifications@justcrossed.com.

Notwithstanding any other provision in these Terms, purchases of Site Items are final and non-refundable.

USER CONDUCT

By using the Sites, you agree not to use the Sites in any manner that:

Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, or invasive of another’s privacy;
Involves, promotes, or encourages racism, sexism, hatred, or bigotry;
Involves, promotes, or encourages violence toward others of self-harm;
Involves sharing or displaying User Content that contains vulgarity, obscenity, pornography, nudity, or graphic or gratuitous violence;
Could reasonably be deemed to be offensive to any other person;
Is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
Interferes with or disrupts the Sites, services connected to the Sites, or otherwise interferes with operations or services of the Sites in any way;
Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Causes Just Crossed to lose (in whole or in part) the services of our Internet service providers or other suppliers;
Links to materials or other content, directly or indirectly, to which you do not have a right to link;
Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;
Violates, or encourages anyone to violate these Terms; or
Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.

Just Crossed shall have the right—but, to be clear, not the obligation—to monitor, evaluate, and analyze any use of and access to the Sites for the purpose or determining or enforcing compliance with these Terms. Further Just Crossed shall be free to remove or refuse to post any User Content or suspend or terminate a user’s access to the Sites if we determine that the content violates, or that the user has violated or intends to violate, any provision of these Terms. You hereby agree that all decisions concerning whether conduct is prohibited by these Terms shall be made by Just Crossed in its sole and absolute discretion.

You agree that Just Crossed has the right to (a) disclose your identity or other relevant information about you to any third party who claims that User Content posted by you violates their rights; (b) take legal action, including referral to law enforcement, with respect to any illegal or unauthorized use of the Sites; and (c) cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Sites.

You hereby waive any claims related to or resulting from any action or inaction of Just Crossed with respect to (a) monitoring the use of the Sites; (b) removing, modifying, or refusing to post User Content; (c) determining or enforcing compliance with these Terms; and (d) cooperating with law enforcement on any matter related to the Sites. You agree that Just Crossed shall not be responsible for or liable to you with respect to any user’s conduct that is prohibited under these Terms.

Notwithstanding the use restrictions in this section, nothing in these Terms shall prohibit or restrict your ability to (i) make any “statement” protected by Cal. Civ. Code § 1670.8; (ii) engage in a “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (ii) express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about Just Crossed, its employees or agents, or its products or services, to the extent that such Reviews are protected by applicable law.

LINKS TO EXTERNAL SITES

The Sites may contain links to other websites. We are not responsible for the availability of these external websites nor do we necessarily endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites.

PRIVACY

We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Sites is governed by our Privacy Policy.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED “AS IS.” JUST CROSSED MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. JUST CROSSED DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT, SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JUST CROSSED OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

FURTHER, JUST CROSSED DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE, OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL JUST CROSSED BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, THE TERMS OF THIS SECTION SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JUST CROSSED, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS (THE “RELEASED PARTIES”) BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, ENHANCED, OR CONSEQUENTIAL DAMAGES; (2) ANY DAMAGES FOR LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT); (3) ANY DAMAGES (INCLUDING FOR ANY DELAY OR FAILURE IN PERFORMANCE) ARISING FROM CAUSES BEYOND THEIR REASONABLE CONTROL; (4) ANY DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH; OR (5) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING IN ANY WAY TO YOUR USE OF SITES EXCEEDING THE AMOUNT PAID BY YOU TO JUST CROSSED DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH THE FIRST SUCH CLAIM AROSE, IN ALL CASES REGARDLESS OF LEGAL THEORY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IN ADDITION, WHEN USING THE SITES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF THE RELEASED PARTIES. ACCORDINGLY, THE RELEASED PARTIES ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, THE TERMS OF THIS SECTION SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to defend (at our option), indemnify, and hold Just Crossed harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Sites or any breach by you of these Terms. For avoidance of doubt, your indemnification obligation extends to any claims brought against Just Crossed arising from or in connection with your interactions with other users of the Sites, whether on the Sites or in person.

We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent.

DISPUTE RESOLUTION

If there is any controversy, claim, action, or dispute between you and Just Crossed arising out of or related to your use of the Sites (including any Transactions on the Sites) or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), even if that Dispute arose prior to the Effective Date of these Terms, you and Just Crossed agree to resolve the Dispute through the dispute resolution procedures set forth in this section.

Informal Dispute Resolution

You and Just Crossed agree to first attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (each such notice being a “Dispute Notice”).

All Dispute Notices must: (1) be personally signed by the Complaining Party; (2) include the Complaining Party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Just Crossed. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.

Dispute Notices shall be sent to:

Notice to Just Crossed: You must send notice by electronic mail to notifications@justcrossed.com.

Notice to You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and/or (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.

You and Just Crossed will attempt to resolve the Dispute through informal negotiation within thirty (30) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Just Crossed (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Just Crossed will participate in the Conference through one or more representatives, which may include our counsel.

Both you and Just Crossed agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer an arbitration or demand fees in connection with the Dispute.

Individual Arbitration

IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND JUST CROSSED AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Terms), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) (the “Minimum Standards”) if (and only if) it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and Just Crossed agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

Notwithstanding the foregoing, in lieu of arbitration either you or Just Crossed may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights (so long as the action is brought and maintained on an individual basis).

CHOICE OF LAW AND CHOICE OF FORUM

These Terms have been made in and shall be construed in accordance with the laws of the United states (including federal arbitration law) and the state of Florida, without giving effect to any conflict of laws principles. You and Just Crossed acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration requirement above shall be resolved by a court located in Florida and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action.

CLAIMS OF COPYRIGHT INFRINGEMENT

We comply with the Digital Millennium Copyright Act (“DMCA”). If you have a concern regarding the use of copyrighted material on our Sites, please contact our agent designated for responding to reports of copyright infringement (“Designated Agent”). In the subject line of your message, please include “Re: Claim of Copyright Infringement.” The contact information for our Designated Agent is as follows: ArentFox Schiff, 1717 K St. NW, Washington DC, 200006, ATTN: Thorne Maginnis (mail); (202) 857-6373 (telephone)]; thorne.maginnis@afslaw.com (email).

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has 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; and;
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a report of copyright infringement, we may give notice to the relevant user by means of a general notice on the Sites, email to the user’s address in our records, or written communication sent by first-class mail to the user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, and where technically feasible, of account holders who are repeat infringers.

MODIFICATION AND TERMINATION OF THESE TERMS AND THE SITES

Changes to these Terms. We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” above. For material changes, we will seek to supplement such notice by email, a pop-up message on the Sites, another other prominent notice on the Sites, or by other reasonable means. Your use of the Sites following any changes to these Terms will constitute your acceptance of the Terms as modified.
Termination of these Terms. These Terms will continue to apply to you until terminated by either you or Just Crossed. We may terminate these Terms or suspend your access to the Sites at any time if we believe you have breached any of these Terms, if we stop providing the Sites or any material component thereof, or as we believe necessary to comply with applicable law. You may terminate these Terms at any time by contacting us at the contact information provided in these Terms. If you or we terminate these Terms, or if we suspend your access to the Sites, you agree that (i) your right to access and use the Sites ceases immediately, (ii) we shall have no liability or responsibility to you in connection with the same, and (iii) we will not refund any amounts that you have already paid.
The following provisions shall survive the termination of these Terms: This section; the sections COPYRIGHT AND TRADEMARK OWNERSHIP (excluding the license granted to you), YOUR INTELLECTUAL PROPERTY RIGHTS & LICENSE GRANT, USER VERIFICATION & SAFETY, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, DISPUTE RESOLUTION, CHOICE OF LAW & FORUM, and MISCELLANEOUS; and any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.
Modifications to the Sites. We may change, restrict access to, suspend or discontinue the Sites, or any portion of the Sites, at any time, with or without notice. You understand, acknowledge and agree that Just Crossed will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Sites.

MISCELLANEOUS

Interpretation. In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall not limit the generality of the language preceding such term. Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, forth, or breadth of any other disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by Just Crossed, such decision or action shall be made, taken, or refrained from in the sole discretion and judgment of Just Crossed.
No waiver. If Just Crossed does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Just Crossed has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of our rights, and all such rights or remedies shall still be available to Just Crossed.
Severability. If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Entire Agreement. These Terms and any Additional Rules set forth the entire understanding and agreement between us with respect to your use of the Sites.
Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.
No Relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Just Crossed.
Jurisdiction; Export Control.
1. Just Crossed controls and operates the Sites from within the United States and makes no representation or warranty that the Sites are appropriate or available for use or access in any location outside of the United States. Anyone using or accessing the Sites from outside the United States does so on their own risk and is responsible for compliance with all applicable laws and regulations, including U.S. and international export control laws and regulations.
2. Without limiting any other provision of these Terms, you may not use or otherwise export or re-export the Sites, or any aspect thereof, except as authorized by United States law and the laws of the jurisdiction in which the Sites were accessed, downloaded, or otherwise obtained by you, and you further agree that the Sites may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Sites, you represent and warrant that you are not located in any such country or included on any such list. You also agree that you will not use the Sites for any purposes prohibited by United States law, including, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
Government End Users. The Sites and any related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the these Terms. Unpublished-rights reserved under the copyright laws of the United States.
Notice Regarding Apple. If you download any of our Apps from the App Store, or if you are using an App on an iOS device, you acknowledge that you have read, understand, and agree to the following terms:
1. These Terms are between you and Just Crossed. Apple is not a party to these Terms and Apple is not responsible for the Apps or the content thereof.
2. To the extent that you download an App on from the App Store or use an App on an iOS device, the license granted to you in the Copyright and Trademark Ownership section of these Terms is (1) limited to a license to use the App on Apple-branded products you own or control and (2) subject to (a) the Usage Rules set forth in the App Store Terms of Service and (b) any applicable third-party terms.
3. Apple has no obligation to furnish any maintenance or support services with respect to the Apps. In the event of any failure of the App to conform to an applicable warranty (if any), you may notify Apple and Apple will refund the applicable purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
4. Apple is not responsible for addressing any claims by you or any third party relating to the App, including: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights.
5. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
Notice Regarding Google. If download any of our Apps via Google Play, you acknowledge that you have read, understand, and agree to the following terms:
1. You acknowledge that these Terms are an agreement solely between you and Just Crossed. Google is not a party to these Terms and shall have no liability to you under these Terms.
2. To the extent that these Terms conflict with the Google Play Developer Distribution Agreement, the relevant terms of the Google Play Developer Distribution Agreement shall control.
Notice to California Residents.
1. You may reach Just Crossed at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
2. WITH RESPECT TO ANY LIMITATIONS OR DISCLAIMERS OF WARRANTIES OR LIABILITY INCLUDED IN THESE TERMS, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Admissibility. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CONTACT US

If you have any questions, comments or concerns about these Terms, please contact us at support@justcrossed.com