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The following terms and conditions constitute an agreement between you (whether casual visitor or registered user) (“you”) and Krossover Intelligence Inc.
(“Krossover,” “we,” or “us”), the operator of the Krossover Kredit website located at KrossoverKredit.com and all services (the “services”) available
resolve in the State of New York any dispute that you may have with us, the Site or the services (as defined below). Please note that we offer the Site “AS
IS” and without warranties.
About the Site & Krossover Kredit Loyalty Program
Krossover Kredit is a rewards program offered to coaches, assistant coaches, parents, athletes, Krossover customers and other users to earn “Kredit” which
can be redeemed for the “Rewards” listed on the Site. To use the Site and start earning Kredit, you must register with us by submitting your email address
and a password (your “Credentials”).
There are several ways to earn Kredit through the Site. One way to earn Kredit is by referring coaches to use Krossover through our Refer a Coach page.
Another way to earn Kredit is to complete a “Goal” that we post on the Site or by attending an Event and completing an “Event Goal”. You acknowledge and
agree that when you complete a Goal, your response will be published to the Site and be publicly available for viewing by other Krossover Kredit users. You
therefore should not include any information that you do not want to be viewed by others in any of your responses or submissions to the Site.
Krossover will post the amount of Kredit that may be earned for a Goal next to such Goal on the Site as well any special requirements you must satisfy to
earn such Kredit. For some Goals, Kredit will be earned automatically upon completion of such Goal (e.g., referring a coach). For other Goals (such as
Event Goals), Krossover will have the right to review your submission and if Krossover determines that a response is not Kredit-worthy, it will have the
right to decline to award Kredit for such submission at its sole discretion.
Once a user has earned enough Kredit to claim a Reward, it may do so by choosing from the Rewards listed on the Site. All Rewards are subject to
availability. In the event that a Reward is unavailable at the time of redemption, Krossover reserves the right to substitute such Reward with a Reward of
equal or comparable value.
the Site with notice of the changes and/or send you an email notifying you of the nature of the modifications providng a link to the modified document on
the Site for your review. Your continued use of the Site following receipt of such notification shall constitute your affirmative acknowledgement of the
Use, including following receipt of notification of any modifications hereto, then you agree not to use the Site.
you, as well as any choices you can make about the ways this information is used. Please review it carefully.
You are responsible for all use of the Site by yourself and any others to whom you have given your Credentials. You are responsible for keeping your
password confidential and for notifying us if your password has been hacked or stolen. You may notify us by Clicking here. You may use the Site for lawful and non-commercial purposes only. You may not use the Site in any manner
that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the
services. You may not attempt to gain unauthorized access to any of the services, user accounts, or computer systems or networks, through hacking, password
mining or any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to)
use the Site to:
· copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials;
· remove notices of any copyright, trademark or other proprietary rights contained in or on the Site or in any content or other material obtained via the
· use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the
· reformat or frame any portion of the web pages that are part of the Site;
· create user accounts by automated means or under false or fraudulent pretenses; or
· collect or store personal data about other users in connection with the prohibited activities described in this Agreement.
In addition to our rights and remedies hereunder, we may take any legal action and implement any technical remedies to prevent the violation of this
Changes to the Services
We may from time to time add new services or programs to the Site, substitute new services or programs for existing ones, or discontinue or suspend an
existing service or program. Information about the new services will be included on the Site, and the users of new services will be governed by the Terms
of Use. You agree that Krossover will not be liable to you or any third party for any suspension or discontinuation of any service or program.
Links to Other Sites
The Site may contain advertisements and/or links to other sites (“Third Party Websites”). These links are provided solely for the convenience of the users.
Krossover does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third
Party Website or any products or services advertised on Third Party Websites. If you decide to leave the Site and navigate to Third Party Websites, or
install any applications, software or download content from any such websites, you do so at your own risk. Once you access a Third Party Website through a
Website. You should review the applicable terms and policies of any such site to which you navigate to from the Site. Concerns regarding a Third Party
Website should be directed to the Third Party Website itself. Krossover bears no responsibility for any action associated with any Third Party Website.
Moreover, Krossover does not imply an affiliation with any Third Party Website.
Content You Post or Submit
You are solely responsible for the content that you submit, publish, display, transmit or upload to the Site including, without limitation, Goal
submissions, blog posts, videos, photographs or otherwise (hereinafter, “Posted Content”). By using the Site, you expressly agree that:
· You may not post, distribute, or reproduce in any way any material subject to copyright, trademark or other third party proprietary rights without
obtaining the prior written consent of the owner of such third party proprietary rights.
· You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of
· You may not provide any Posted Content that is false or intentionally misleading or that falsely expresses or implies that such content or material is
sponsored or endorsed by Krossover.
· You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
· You may not provide any Posted Content that (i) harasses or advocates harassment of another person; (ii) involves the transmission of unsolicited mass
mailing or “spamming”; (iii) violates the intellectual property or other rights of any person; (iv) is threatening, obscene, defamatory or libelous; or (v)
is pornographic or sexually explicit in nature.
We urge you to keep in mind that the Posted Content available on the Site is simply the opinion of the user that posted such content and is not an
endorsement by Krossover.
You understand and agree that we have the right (but are not obligated) to review, edit, modify or remove any Posted Content that (in our sole discretion)
threaten the safety of other users or users of the Site and/or other third parties. We are not, however, responsible for any failure or delay in removing
any Posted Content. Krossover reserves the right to (i) block or delete accounts and (ii) take appropriate legal action against users who (in our sole
discretion) violate this provision.
Grant of License to Krossover; Krossover’s Use of Posted Content
By posting Posted Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Krossover and its
affiliates an irrevocable, perpetual, royalty-free, fully sublicensable, transferable, fully paid up, worldwide license to use, host, store, cache,
publish, copy, perform (publicly or otherwise), digitally perform, display (publicly or otherwise), modify and distribute such Posted Content and to adapt,
edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. Note also that this license to your Posted Content
survives any termination of this Agreement and continues in perpetuity even if you stop using the Site.
You agree that this license includes the right for Krossover to use all or any portion of the Posted Content for any promotional, instructional or
editorial purposes (“Krossover Content”) without further need for permission from or notice to you. Further, Krossover Content need not attribute any
credit to a user as the author of all or any portion of Krossover Content and users hereby agree that they shall have no further rights to request such
authorship credit. Krossover Content will be solely for promotional, instructional or editorial purposes – for example, articles or posts to the Krossover
blog (located at www.krossover.com/blog). The length, edits and subject matter of the Krossover Content will be
determined by Krossover in its sole discretion. We have the right to watermark Krossover Content with the Krossover logo and/or a Krossover URL in our sole
discretion. At our sole discretion, we will endeavor (i) not to create any implied endorsement of consumer brands in any Krossover Content, (ii) not to
feature players in a disparaging way in any Krossover Content and (iii) to feature Posted Content from as many teams and players as is practicable in
You further agree that this license includes the right for Krossover to make all or any portion of the Posted Content available on all Krossover-owned
websites (including www.krossover.com), to third parties selected by Krossover (such as companies that Krossover partners with), and Krossover’s social
media pages (such as Facebook or Twitter) without further need for permission from or notice to you.
You may opt-out of Krossover’s use of your Posted Content in Krossover Content at any time by firstname.lastname@example.org. If you opt-out, Krossover shall make
reasonable efforts to cease use of your Posted Content; however, you acknowledge and agree that Posted Content that was previously incorporated into
Krossover Content may not be removed.
Notwithstanding any other provisions contained herein, any comments, suggestions, or feedback relating to the Site or the services (collectively
“Feedback”) submitted to Krossover shall become the property of Krossover or its designee. Krossover will not be required to treat any Feedback as
confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a
result of any similarities that may appear in our future Site, services, or operations. Without limitation, Krossover will have exclusive ownership of all
present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other
purpose whatsoever, without compensation to you or any other person sending the Feedback. Notwithstanding the foregoing, you acknowledge that if you submit
Feedback that is viewable by other users or visitors to the Site/services, you are responsible such Feedback, and you, not Krossover, have full
responsibility for such Feedback, including its legality, reliability, appropriateness, originality, and copyright.
Copyright Dispute Policy
Krossover has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (or “DMCA”). You
are hereby informed that Krossover has adopted and reasonably implemented a policy that provides for the termination of access, in appropriate
circumstances, to users who are repeat copyright infringers. Krossover may, in appropriate circumstances and at its discretion, disable and/or terminate
access to users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise violated, please provide Krossover’s Copyright Agent the following
information (to be effective, the notification must be in writing and provided to our Copyright Agent):
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has 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;
c. 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 a description of where the material that you claim is infringing is located;
d. your address, telephone number, and, if available, email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Krossover’s agent for notice of claims of copyright or other intellectual property infringement can be reached via mail at the following address:
Vasudev Kulkarni, Copyright Agent
Krossover Intelligence Inc.,
148 W 24th Street, Floor 8
New York, NY 10011
Email to: email@example.com
Your Use of Our Content
Except for the Posted Content, all of the content available on or through the Site, including without limitation, text, photographs, graphics and video and
audio content, is owned by us and our licensors and is protected, as applicable, by copyright, trademark, patent, and trade secret laws, other proprietary
rights, and international treaties. You acknowledge that the Site and any underlying technology or software used in connection with the Site contain
Krossover's proprietary information. We give you permission to use the aforementioned content for non-commercial purposes only and do not transfer any
intellectual property rights to you by virtue of permitting your use of the Site. Except as is expressly provided herein, Krossover and its licensors do
not grant you any express or implied rights, and all rights not expressly granted herein are retained by Krossover.
Disclaimer of Warranties
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE
SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES
AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR
PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR
ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY
NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED
BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, KROSSOVER MAKES NO
WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF
SENSITIVE INFORMATION. KROSSOVER DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE
SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU
FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE
TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) $100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY
CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE
SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR
LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
terms posted on the Site by you or by someone using your Credentials. Notwithstanding any other provisions contained herein, we may also cancel or suspend
your registration for any other reason. Krossover shall not be liable to you or any third party for any termination of your access to the Site and you
shall not be eligible to receive any compensation for any unused Kredits upon such termination. Further, you agree not to attempt to use the Sites after
deemed to survive such termination.
Upon notice to you by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other
affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from
or any third party using your Credentials, including any resulting actual or alleged violation of any intellectual property or other right of any person or
entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or
Electronic Contracting and Notice
consent to enter into agreements with us electronically.
nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Krossover to
exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Choice of Law
This agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as
applied to contracts made and to be performed entirely within New York, without giving effect to the state's conflicts of law statute.
Agreement to Arbitrate
If a Dispute (as defined below) of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact us in
the event of any Dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual
arbitration. For the purpose of this Agreement “Disputes” include any claim, controversy, or dispute (whether involving contract, tort, equitable,
statutory, or any other legal theory) between you and Krossover including but not limited to any claims relating in any way to this Agreement (including
its breach, termination, or interpretation), any other aspect of our relationship, Krossover advertising, and any use of Krossover software or services.
“Disputes” also include any claims that arose before this Agreement and that may arise after termination of this Agreement.
You and Krossover agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead
of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any
provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be
enforced. All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American
Arbitration Association (www.adr.org) or JAMS (www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. The
Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. Unless otherwise required by law, any arbitration hearing will occur in New York, New York,
U.S.A. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on
any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking
relief, Krossover will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your
claim was frivolous. For purposes of this arbitration provision, references to you and Krossover also include respective subsidiaries, affiliates, agents,
employees, predecessors, successors and assigns as well as authorized users or beneficiaries of Krossover services.
Judicial Forum for Disputes.
In the event that the agreement to arbitrate is found not to apply, you and Krossover agree that any Dispute will be litigated exclusively in the federal
or state courts of New York County, New York, and both parties consent to venue and personal jurisdiction there.
No Class Actions.
ALL DISPUTES UNDER THIS AGREEMENT WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND
CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS
ACTION, CONSOLIDATED ACTION OR REPRESNTATIVE ACTION AGAINST US.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of
You must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to
register with us or use the Site and the services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Site or
these terms, do not use the Site or services. Membership in the services is void where prohibited by applicable law, and the right to access the Site is
revoked in such jurisdictions. By using the Site and/or the services, you represent and warrant that you have the right, authority, and capacity to enter
any use outside of the U.S. is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the services
or the Site.
The relationship between you and Krossover is one of independent contractors. Neither party will represent that it has any authority to assume or create
any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as
specifically provided herein.
Copyright © 2015 Krossover Intelligence Inc. All rights reserved.