Terms of Service

Effective Date: October 1, 2012

The site www.crossoversymmetry.com (the “Site”) is owned and operated by Fitworks Inc, DBA “Crossover Symmetry”. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THE SITE.

PRODUCTS, CONTENT, AND SPECIFICATIONS

All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

SHIPPING LIMITATIONS

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

ACCURACY OF INFORMATION

We attempt to ensure that information on the Site is complete, accurate and up to date. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or up to datedness of any information on the Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. In the event of a pricing error on the Site, we reserve the right to cancel any orders resulting from such pricing errors. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

USE OF THE SITE

The Site is a general purpose website and is not targeted towards children under 13. By registering an account on the Site, you represent and warrant that you are 18 years of age or older. If we become aware that you are under 18, we will terminate your registration. You may use the Site solely for your personal, non-commercial use. You acknowledge and agree that we do not control the User Content posted to the Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent our views. You understand that, by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

INTELLECTUAL PROPERTY

The Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Site (excluding User Content) are either the property of, or used with permission by Crossover Symmetry and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. As a user of the Site you may post content, including reviews, profile information, photographs, video, messages or other materials (“User Content”) and share it with other Users. Subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Certain trademarks, trade names, service marks and logos used or displayed on the Site are the property of Crossover Symmetry, its affiliates or our licensors. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without the written permission of Crossover Symmetry or such third party owner.

RESTRICTIONS OF USE OF THIS SITE

By using the Site, you agree that you will not:

Create or maintain any link from another Web site to any page on the Site without Crossover Symmetry’s prior written permission;
Run or display the Site or any material displayed on the Site in frames or through similar means on another Web site without Crossover Symmetry’s prior written permission;
Modify the information or materials located on the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose;
Use any robot, spider, site search application or other device to retrieve or index any portion of the Site;
Collect any information about other Users, including usernames and email addresses;
Create or transmit to other Users unsolicited electronic communications, such as spam, or otherwise interfere with the other Users’ enjoyment of the Site;
Transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site;
Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on the Site or the IT infrastructure used to operate the Site;
Submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use the Site to transfer or store illegal material; or
Use the Site or any User Content to violate any applicable local, state, federal or international law.

THIRD PARTY LINKS

From time to time, the Site may contain links to Websites that are not owned, operated or controlled by Crossover Symmetry or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Crossover Symmetry is not responsible for any content, materials or other information located on or accessible from any other Website. Crossover Symmetry does not endorse, guarantee, or make any representations or warranties regarding any other Website, or any content, materials or other information located or accessible from such Websites, or the results that you may obtain from using such Websites. If you decide to access any other Website linked to or from the Site, you do so entirely at your own risk.

INAPPROPRIATE USER MATERIAL

You are prohibited from posting or transmitting any content that:

Is unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material;
Promotes illegal activity, encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law;
Is patently offensive to Users of the Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
Harasses or advocate harassment of another person.

USER CONTENT POSTED BY YOU

User Content is and will be considered non-confidential and non-proprietary. You are solely responsible for any User Content you post, publish or display on the Site or transmit to Users. You will post only User Content you believe in good faith to be true and accurate and you will not post to the Site any User Content that is false, inaccurate, misleading or fraudulent. Crossover Symmetry may, but is not obligated to, monitor or review any User Content. Crossover Symmetry shall have no obligations to use, return, review, or respond to any User Content. Crossover Symmetry will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Crossover Symmetry retains the right to remove any or all User Content for any or no reason, including User Content that, in our sole discretion, violates these Terms of Use, is offensive or illegal or may harm, violate the rights of or threaten the safety of any User or any other individual or entity. By uploading User Content to the Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant:

Crossover Symmetry an irrevocable, perpetual, non-exclusive, royalty-free, fully sub licensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content with or without attribution; and

Subject to the restrictions set forth in these Terms of Use, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User’s personal, non-commercial use.

You understand that Crossover Symmetry may be working on the same or a similar idea to any ideas, expression of ideas or other materials you submit within your User Content (“Idea”), that Crossover Symmetry may already know of such Idea from other sources, and that Crossover Symmetry may simply wish to develop such idea or a similar idea on its own.

DISCLAIMERS

YOUR USE OF THE SITE AND OF ANY USER CONTENT IS AT YOUR OWN RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. CROSSOVER SYMMETRY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND CROSSOVER SYMMETRY DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CROSSOVER SYMMETRY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CROSSOVER SYMMETRY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATIONS OF LIABILITY

Crossover Symmetry does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site or your downloading of any materials from the Site. IN NO EVENT WILL CROSSOVER SYMMETRY, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.

COPYRIGHTS

If you believe any User Content or any other aspect of the Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at this address:

Your notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:

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

COUNTER NOTICE

If you believe that your User Content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice to the Copyright Agent containing the following information:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in Pittsburgh, PA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received, Crossover Symmetry may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Crossover Symmetry’s sole discretion.

REVISIONS TO THESE TERMS OF USE

Crossover Symmetry may revise these Terms of Use at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Site. Your continued use of the Site after any modifications indicates your acceptance of the modified Terms of Use.

DISPUTES; CHOICE OF LAW; JURISDICTION

These Terms of Use supersede any other agreement between you and Crossover Symmetry to the extent necessary to resolve any inconsistency or ambiguity between them. The Site is administered by Crossover Symmetry from its offices in Colorado. These Terms of Use will be governed by and construed in accordance with the laws of Colorado, without giving effect to any principles of conflicts of laws. Any dispute relating in any way to your visit to or participation on the Site, including compliance with these Terms of Use shall be submitted to confidential arbitration in Colorado, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the state courts of Colorado and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. A printed version of these Terms of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

INDEMNITY

You agree to indemnify and hold Crossover Symmetry and their respective affiliates, licensors, directors, officers, employees, agents and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorney fees and court costs arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to: (i) your access to and use of the Site; (ii) any User Content posted, uploaded or transmitted by you; (iii) your use or distribution of any User Content; (iv) your violation of these Terms of Use; or (v) the infringement or other violation by you or any third party using your account or password of any intellectual property or other right of any person or entity.

TERMINATION

You or we may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.

ADDITIONAL ASSISTANCE

If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to call our customer service department at (303)403-1026

Mobile App EULA

End-User License Agreement (“Agreement”)

Last updated: October 19, 2021

Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using Crossover.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

Agreement means this End-User License Agreement that forms the entire
agreement between You and the Company regarding the use of the
Application.
Application means the software program provided by the Company downloaded
by You through an Application Store’s account to a Device, named Crossover
Application Store means the digital distribution service operated and
developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play
Store) by which the Application has been downloaded to your Device.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
Agreement) refers to Fitworks Inc, 9108 W 6th Ave Frontage Road, Lakewood
CO 80215.
Content refers to content such as text, images, or other information that
can be posted, uploaded, linked to or otherwise made available by You,
regardless of the form of that content.
Country refers to: Colorado, United States
Device means any device that can access the Application such as a
computer, a cellphone or a digital tablet.
Family Sharing / Family Group permits You to share applications downloaded
through the Application Store with other family members by allowing them
to view and download each others’ eligible Applications to their
associated Devices.
Third-Party Services means any services or content (including data,
information, applications and other products services) provided by a
third-party that may be displayed, included or made available by the
Application.
You means the individual accessing or using the Application or the
company, or other legal entity on behalf of which such individual is
accessing or using the Application, as applicable.

Acknowledgment

By clicking the “I Agree” button, downloading or using the Application, You
are agreeing to be bound by the terms and conditions of this Agreement. If You
do not agree to the terms of this Agreement, do not click on the “I Agree”
button, do not download or do not use the Application.

This Agreement is a legal document between You and the Company and it governs
your use of the Application made available to You by the Company.

This Agreement is between You and the Company only and not with the
Application Store. Therefore, the Company is solely responsible for the
Application and its content. Although the Application Store is not a party to
this Agreement, it has the right to enforce it against You as a third party
beneficiary relating to your use of the Application.

Since the Application can be accessed and used by other users via, for
example, Family Sharing / Family Group or volume purchasing, the use of the
Application by those users is expressly subject to this Agreement.

The Application is licensed, not sold, to You by the Company for use strictly
in accordance with the terms of this Agreement.

License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited
license to download, install and use the Application strictly in accordance
with the terms of this Agreement.

You may only use the Application on a Device that You own or control and as
permitted by the Application Store’s terms and conditions.

The license that is granted to You by the Company is solely for your personal,
non-commercial purposes strictly in accordance with the terms of this
Agreement.

License Restrictions

You agree not to, and You will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource,
disclose or otherwise commercially exploit the Application or make the
Application available to any third party.
Copy or use the Application for any purpose other than as permitted under
the above section ‘License’.
Remove, alter or obscure any proprietary notice (including any notice of
copyright or trademark) of the Company or its affiliates, partners,
suppliers or the licensors of the Application.

Content

Content Restrictions

The Company is not responsible for the entries, information or content of the
Application’s users. You expressly understand and agree that You are solely
responsible for the Content and for all activity that occurs under your
account, whether done so by You or any third person using your account.

You may not transmit any Content that is unlawful, offensive, upsetting,
intended to disgust, threatening, libelous, defamatory, obscene or otherwise
objectionable. Examples of such objectionable Content include, but are not
limited to, the following:

Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references
or commentary about religion, race, sexual orientation, gender,
national/ethnic origin, or other targeted groups.
Spam, machine generated content or randomly generated content,
constituting unauthorized or unsolicited advertising, chain letters, any
other form of unauthorized solicitation, or any form of lottery or
gambling.
Containing or installing any viruses, worms, malware, trojan horses, or
other content that is designed or intended to disrupt, damage, or limit
the functioning of any software, hardware or telecommunications equipment
or to damage or obtain unauthorized access to any data or other
information of a third person.
Infringing on any proprietary rights of any party, including patent,
trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees
or representatives.
Violating the privacy of any third person.
False information and features.

The Company reserves the right, but not the obligation, to, in its sole
discretion, determine whether or not any Content is appropriate and complies
with this Agreement, refuse or remove any Content. The Company further
reserves the right to make formatting and edits and change the manner any
Content. The Company can also limit or revoke the use of the Application if
You post such objectionable Content.

As the Company cannot control all content posted by users and/or third parties
on the Application, you agree to use the Application at your own risk. You
understand that by using the Application You may be exposed to content that
You may find offensive, indecent, incorrect or objectionable, and You agree
that under no circumstances will the Company be liable in any way for any
content, including any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of your use of any content.

Intellectual Property

The Application, including without limitation all copyrights, patents,
trademarks, trade secrets and other intellectual property rights are, and
shall remain, the sole and exclusive property of the Company.

The Company shall not be obligated to indemnify or defend You with respect to
any third party claim arising out of or relating to the Application. To the
extent the Company is required to provide indemnification by applicable law,
the Company, not the Application Store, shall be solely responsible for the
investigation, defense, settlement and discharge of any claim that the
Application or your use of it infringes any third party intellectual property
rights.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions provided by You to
the Company with respect to the Application shall remain the sole and
exclusive property of the Company.

The Company shall be free to use, copy, modify, publish, or redistribute the
Suggestions for any purpose and in any way without any credit or any
compensation to You.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily
or permanently, the Application or any service to which it connects, with or
without notice and without liability to You.

Updates to the Application

The Company may from time to time provide enhancements or improvements to the
features/functionality of the Application, which may include patches, bug
fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the
Application. You agree that the Company has no obligation to (i) provide any
Updates, or (ii) continue to provide or enable any particular features and/or
functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i)
deemed to constitute an integral part of the Application, and (ii) subject to
the terms and conditions of this Agreement.

Maintenance and Support

The Company does not provide any maintenance or support for the download and
use of the Application. To the extent that any maintenance or support is
required by applicable law, the Company, not the Application Store, shall be
obligated to furnish any such maintenance or support.

Third-Party Services

The Application may display, include or make available third-party content
(including data, information, applications and other products services) or
provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any
Third-party Services, including their accuracy, completeness, timeliness,
validity, copyright compliance, legality, decency, quality or any other aspect
thereof. The Company does not assume and shall not have any liability or
responsibility to You or any other person or entity for any Third-party
Services.

You must comply with applicable Third parties’ Terms of agreement when using
the Application. Third-party Services and links thereto are provided solely as
a convenience to You and You access and use them entirely at your own risk and
subject to such third parties’ Terms and conditions.

Privacy Policy

The Company collects, stores, maintains, and shares information about You in
accordance with Our Privacy Policy:
https://crossoversymmetry.com/pages/privacy-policy

By accepting this Agreement, You acknowledge that You hereby agree and consent
to the terms and conditions of Our Privacy Policy.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company.
The Company may, in its sole discretion, at any time and for any or no reason,
suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the
Company, in the event that you fail to comply with any provision of this
Agreement. You may also terminate this Agreement by deleting the Application
and all copies thereof from your Device or from your computer.

Upon termination of this Agreement, You shall cease all use of the Application
and delete all copies of the Application from your Device.

Termination of this Agreement will not limit any of the Company’s rights or
remedies at law or in equity in case of breach by You (during the term of this
Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries,
affiliates, officers, employees, agents, partners and licensors (if any)
harmless from any claim or demand, including reasonable attorneys’ fees, due
to or arising out of your: (a) use of the Application; (b) violation of this
Agreement or any law or regulation; or (c) violation of any right of a third
party.

No Warranties

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on behalf
of its affiliates and its and their respective licensors and service
providers, expressly disclaims all warranties, whether express, implied,
statutory or otherwise, with respect to the Application, including all implied
warranties of merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing,
course of performance, usage or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes no
representation of any kind that the Application will meet your requirements,
achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any errors or
defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Application, or the
information, content, and materials or products included thereon; (ii) that
the Application will be uninterrupted or error-free; (iii) as to the accuracy,
reliability, or currency of any information or content provided through the
Application; or (iv) that the Application, its servers, the content, or
e-mails sent from or on behalf of the Company are free of viruses, scripts,
trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law. To the extent any
warranty exists under law that cannot be disclaimed, the Company, not the
Application Store, shall be solely responsible for such warranty.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Agreement and
your exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You for the Application or through the Application or 100 USD
if You haven’t purchased anything through the Application.

To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Application, third-party software and/or
third-party hardware used with the Application, or otherwise in connection
with any provision of this Agreement), even if the Company or any supplier has
been advised of the possibility of such damages and even if the remedy fails
of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may
not apply to You.

You expressly understand and agree that the Application Store, its
subsidiaries and affiliates, and its licensors shall not be liable to You
under any theory of liability for any direct, indirect, incidental, special
consequential or exemplary damages that may be incurred by You, including any
loss of data, whether or not the Application Store or its representatives have
been advised of or should have been aware of the possibility of any such
losses arising.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid,
such provision will be changed and interpreted to accomplish the objectives of
such provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Agreement shall not effect a party’s
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute a waiver of any
subsequent breach.

Product Claims

The Company does not make any warranties concerning the Application. To the
extent You have any claim arising from or relating to your use of the
Application, the Company, not the Application Store, is responsible for
addressing any such claims, which may include, but not limited to: (i) any
product liability claims; (ii) any claim that the Application fails to conform
to any applicable legal or regulatory requirement; and (iii) any claim arising
under consumer protection, or similar legislation.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a “terrorist supporting” country, and (ii)
You are not listed on any United States government list of prohibited or
restricted parties.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace
this Agreement at any time. If a revision is material we will provide at least
30 days’ notice prior to any new terms taking effect. What constitutes a
material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, You are no longer authorized to use the Application.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern
this Agreement and your use of the Application. Your use of the Application
may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company
regarding your use of the Application and supersedes all prior and
contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use
or purchase other Company’s services, which the Company will provide to You at
the time of such use or purchase.

Contact Us

If you have any questions about this Agreement, you can contact us:

by email: support@crossoversymmetry.com