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Terms and Conditions

Crossrope, LLC

Terms and Conditions of Sale

Last updated October 25, 2024.

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT USE AND SAFETY INSTRUCTIONS AND WARNINGS.

WELCOME TO THE WEBSITE OF CROSSROPE, LLC (together with our affiliates, “Crossrope”, “we,” or “us”). THESE TERMS AND CONDITIONS OF SALE GOVERN AND APPLY TO ANY ORDER YOU PLACE WITH, OR PRODUCTS AND/OR SERVICES YOU RECEIVE FROM, CROSSROPE THROUGH THIS WEBSITE (“WEBSITE” OR “SITE”) OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE CROSSROPE iOS AND ANDROID DEVICE APPLICATIONS (“APPS”). PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF SALE (COLLECTIVELY WITH ANY AMENDMENTS REFERRED TO HEREINAFTER AS “TERMS AND CONDITIONS”).

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

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

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on our Website, as indicated by a revised “Last Updated” date at the top of this page. Modifications will be effective on the date they are posted to this Site. If you continue to use a Crossrope product or service after we have posted updated Terms and Conditions, you agree to be bound by the updated Terms and Conditions. If you do not agree to be bound by the updated Terms and Conditions, you may no longer use the Crossrope products or services. The Terms and Conditions displayed on the Website at the time your order to purchase a Crossrope product or service is accepted will apply to the order. By placing an order, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any Crossrope product or service.

We reserve the right to refuse service, terminate accounts, and/or cancel orders or App subscriptions at any time, at our discretion, and without notice, including, without limitation, if we believe that customer conduct violates this Agreement, applicable law or is harmful to our interests. Because the Crossrope services are evolving over time, we may change or discontinue all or any part of the Crossrope product or services, at any time and without notice, at our sole discretion.

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

Occasionally there may be information on the Site or Apps that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders or app subscriptions if any information on the Site or Apps are inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site or Apps, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, the Site, or Apps, including information submitted in connection with the Site or Apps Content or other features at any time, with or without notice in our sole discretion.


SHIPPING

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

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


E-MAIL; PRIVACY POLICY

By completing this purchase your e-mail address will be used to send you order and shipment updates in addition to content and marketing emails that may provide offers or information helpful to you as a Crossrope customer. You may unsubscribe at any time. Please review our privacy policy for information on (1) what information we collect about you, (2) what we do with that information, (3) with whom we share that information, and (4) what we do to protect your information.


PRODUCT POLICY

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

 

ESSENTIAL USE AND SAFETY INSTRUCTIONS

WARNING

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

  • Inspect every package or product purchased for missing or defective/damaged parts. If you have any questions or concerns about the products purchased, DO NOT USE them until you have contacted Crossrope at [email protected] and received answers to your questions or concerns.

  • Always inspect the products purchased prior to and after each use to ensure that there are no areas with tears, nicks, abrasions, kinks, cuts that expose the steel cable core, or any wear and tear that may indicate damage to the integrity of the product. If you find any flaw or defect at the time of purchase, DO NOT USE the product and contact Crossrope at [email protected]. CAUTION: Damaged or worn product will naturally occur over time from use and can be dangerous. These damaged or worn products should not be used and you should consider purchasing a replacement.

  • Prior to each use of the Crossrope products purchased, check to ensure that all components are securely attached. Crossrope weighted jump ropes, Ropeless, and SpinJumper products use a connection system with a male rope connector that must be fully inserted into the female clasp with the two latches fully engaged and locked in place. Failure to ensure that all components are securely attached to the handles may lead to significant and permanent injury to your eyes, face, and/or other parts of your body. Always observe the attachment point while exercising.

 

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

  • Before beginning a new fitness program, consult with your physician or general practitioner. If you have a medical condition, seek their approval before using this product. The use of information provided through the Crossrope service is solely at your own risk and is not medical or healthcare advice.

  • Exercise tips provided are guidelines only. They do not replace instructions from your healthcare provider.

  • Remove all jewelry, including rings, chains, and pins, before using the products.

  • This product is not a toy. Keep out of reach of children and pets. Always store the products in a secure, childproof area.

  • Clear your workout area of any obstructions, sharp objects, pets, people, and other distractions. You must perform all exercises on a clear, level, bare surface to avoid any risk of tripping, stumbling, or other harm or damage. Using the products near other people or objects could cause significant injury and/or damage.

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

  • Do not attempt any movements, activities, or exercises with the products that are not specifically recommended at Crossrope.com. Any use other than that as recommended at Crossrope.com, and any use contrary to these instructions may lead to serious and permanent eye injury, bodily disfigurement, and/or other permanent damage. These products are intended ONLY for exercise and fitness as demonstrated and outlined at Crossrope.com. Any alternative or improper use of the products could result in injury.

  • As with any jump rope or fitness equipment, always use extreme caution to protect your eyes when using the products. You may wish to wear protective eyewear, such as safety goggles, to prevent serious damage if you lose your grip on the handles, or if the jump rope breaks, snaps, or recoils. You may also wish to wear additional protective gear when using the products to prevent serious damage to other sensitive areas.

  • Never release the handles while in use. Release while in use can cause significant injury, disfigurement, or death.

  • Never wrap any part of the products around your feet, hands, mouth, head, neck, shoulders, or other body parts.

  • Wear proper shoes to protect yourself from possible damage from product contact, and proper exercise clothing not to interfere with product movement. It is strongly recommended that you wear proper footwear and use a controlled rotational speed with the heavy cables. The jump rope cables are made of a steel wire with a protective coating, but impact of a rope to your body at high speeds could potentially cause pain or injury.

  • Begin usage of the products slowly and fully under control to learn proper form, balance, and coordination. Do not permanently or temporarily attach any part of the products to, or use the products with, any other equipment or materials of any kind.

  • Two or more persons should never use the same products at the same time. Use by more than one person at a time could result in serious injury.

  • Keep out of reach of children, pets, and any individuals who may require supervision. These products are not recommended for children under 18 years of age without adult supervision.

  • Stop exercising if you have dizziness, trouble breathing, increased pain or begin to feel sick. Consult your healthcare provider immediately.

  • Do not use or continue use of Crossrope products while experiencing pain.

 

PRODUCT CARE

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

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

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


RIGHTS AND TERMS FOR APPS

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

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

  • These Terms and Conditions are between you and Crossrope, and not with the App Provider, and Crossrope (not the App Provider), is solely responsible for the App.

  • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.

  • In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price (if any) for the App to you and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Crossrope.

  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  • In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Crossrope will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.

  • The App Provider and its affiliates are third-party beneficiaries of these Terms and Conditions as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as related to your license of the App against you as a third-party beneficiary thereof.

  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.

  • You must also comply with all applicable third party terms of service when using the App.

 

Rights to Premium Content (Crossrope Membership)

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

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

You will be entitled to a refund provided that you:

  1. Purchased through the website and

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

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

 

App Social Features

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


User Content

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

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

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

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


LIMITATIONS ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW:

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE). UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION FOR LOSS ARISING FROM OUR NEGLIGENCE, SHALL CROSSROPE, LLC AND/OR ANY OF ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED BY YOU OR ANY THIRD PARTY FOR INJURY OR DAMAGES TO ANY PERSON OR PROPERTY (INCLUDING WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES OF ANY NATURE) ARISING OUT OF THE USE OR MISUSE OF ITS PRODUCTS, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO ANY DAMAGES SUFFERED AS A RESULT OF PRODUCT MALFUNCTION OR BREAKAGE, ANY AND ALL DEFECTS, LATENT OR APPARENT, OR PROBLEMS OR DEFICIENCIES IN THE DESIGN OR CONDITION OF THE PRODUCT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY AND ALL KINDS, WHETHER THE CLAIM IS IN CONTRACT, TORT, PRODUCT OR STRICT LIABILITY, OR NEGLIGENCE EVEN IF AN AUTHORIZED REPRESENTATIVE OF CROSSROPE HAD BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE LIMITATIONS OF LIABILITY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. APPLICABLE LAW IN CERTAIN JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM ENTITY PERMITTED BY LAW. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, UNLAWFUL, VOID, OR UNENFORCEABLE FOR ANY REASON, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS, AND THE AGGREGATE LIABILITY OF CROSSROPE, AND/OR ANY OF ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS, UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT.

MAXIMUM LIABILITY. CROSSROPE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS, IN THE AGGREGATE, WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO CROSSROPE OVER THE 12 MONTHS PRECEDING THE DATE YOUR FIRST CLAIM(S) AROSE.

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

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


No Warranties

Crossrope reserves the right to modify the products or services, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Crossrope product or services, at any time, in its sole discretion. Crossrope has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Crossrope product or service is suitable for all users or that will continue to be available for any length of time.

Crossrope provides the products and services on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Crossrope products and services at your own risk. Other than as expressly provided in writing by Crossrope in connection with your purchase of a Crossope product, to the fullest extent permitted by law, Crossope expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, durability, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, Crossrope makes no representations or warranties:

1. That the Crossrope product or service will be permitted in your jurisdiction;

2. That the Crossrope product or service will be uninterrupted or error-free;

3. Concerning any Content, including User Content;

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

5. That the Crossrope product or service will meet your personal needs;

6. That Crossrope will continue to support any particular feature of the Crossrope products or services; or

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

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

 

APPLICABLE LAW AND VENUE

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Virginia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions shall be filed only in the State Court in Virginia Beach, Virginia or the United States District Court for the Eastern District of Virginia, Norfolk Division, and except as stated herein, you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions. Notwithstanding the above, any controversy or claim related to this Agreement shall be resolved exclusively by arbitration in accordance with the Federal Arbitration Act (Title 9, U.S. Code) (the “Act”). The Act will apply even though this Agreement provides that it is governed by the laws of the State of Virginia. Arbitration proceedings will be determined in accordance with the Act, under the Commercial Rules of the American Arbitration Association, except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the American Arbitration Association (“AAA”) rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by AAA and conducted in Virginia Beach, Virginia. All Claims shall be determined by one arbitrator. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement, and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on AAA under applicable AAA rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. The prevailing party in any action or arbitration related to these Terms and Conditions shall be entitled to its reasonable attorneys’ fees and costs.

The terms of this section survive any termination of the Terms and Conditions.


GENERAL

The Terms and Conditions constitute the entire agreement between Crossrope and you with respect to your purchase of products from Crossrope. Any cause of action you may have with respect to Crossrope’s products must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Crossrope to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Crossrope’s written consent which may be withheld reasonably or unreasonably. Only you and Crossrope shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Crossrope’s and their respective successors and assigns.

The terms of this section survive any termination of the Terms and Conditions.


OTHER IMPORTANT TERMS

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