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Terms of Use

Updated on April 21, 2015

Please carefully read these terms and conditions of use. By using this website you indicate your understanding and acceptance of these Terms of Use. If you do not agree to these Terms of Use  you may not use this website.

 

LIMITATIONS OF USE

This website is intended for adults only. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as this website is NOT intended for children under the age of 13. NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS: If you are under the age of 13, YOU MUST NOT USE THIS WEBSITE. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact Crossroad, you may only do so through your parent or legal guardian.

 

ACCEPTANCE

Welcome to Crossroad! Crossroad Networks, Inc. and its affiliates (further referred to as “We” or “Us” or “Crossroad”) provide a collection of online resources which include but not limited to personal and business pages, products and services listings, classified ads, postings, forums, means of electronic communication, payments (collectively the “Services”) on the website www.crossroad.com subject to these Terms of Use (“Terms” or “Agreement”). By using the Services, you agree to comply with these Terms. You understand and agree that you are solely responsible for reviewing these Terms. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Crossroad in any way, you agree to immediately discontinue use of Crossroad. This Agreement is made between you (the “User”) and Crossroad, upon its acceptance, and will continue in perpetuity unless terminated by either party hereto as defined in these Terms.

These Terms may be updated by Crossroad at any time at its sole discretion. Additionally, when using a portion of the Services, you agree to conform to any applicable posted guidelines for such Services, which may change periodically. Crossroad may send you notice of changes to the Website, or the Terms, using means of electronic communication of the Services. Crossroad may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is for your convenience only and that the English version governs the terms of your relationship with Crossroad. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail. You understand and agree that to the extent you are located in the United States, you will utilize the Services in compliance with any laws, regulations, and guidelines that may be under the jurisdiction of the Office of Foreign Asset Control, U.S. Department of Treasury.

 

GENERAL TERMS

USE OF SOFTWARE AND SERVICES

Any software that is made available via the Services (Software) is the property of Crossroad and its affiliate suppliers. If the Software is accompanied by corresponding end-user license agreement, then use of such Software is governed by such license agreement that accompanies or is included with the Software, or by the license agreement expressly referenced in the terms of use before granted an access to the Software. If no license agreement accompanies the Software, use of the Software will be governed by these Terms.

You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Unless the Crossroad license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between these Terms and the license agreement provided with Software, the license agreement shall take precedence in relation to that Software; except only that if the Software is a pre-release version, then, notwithstanding anything to the contrary included within the Terms, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes.

If no license agreement accompanies the Software, use of the Software will be governed by these Terms. Crossroad grants you a personal, worldwide, revocable, limited, non-transferable, non-sub licensable, royalty-free, non-assignable, non exclusive license to use the Software in the manner permitted by the Terms. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, de-compiling the Software is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the Software interoperable with other software, provided, however, that you must first request the information from Crossroad and Crossroad may, in its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on use of the Software to ensure that Crossroad’s Intellectual Property Rights in the Software are protected.

You may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. Your use of the Software is also subject to the disclaimers and limitations mentioned below and your compliance with the export control provisions which means that products, services or technology provided by Crossroad are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, reexport, or transfer Crossroad products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

The Software may automatically download and install updates from Crossroad from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit Crossroad to deliver these to you with or without your knowledge) as part of your use of the Services.

 

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the materials on the Website, other than the user Content that you licensed under these Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Crossroad, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners of these materials. Crossroad reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. The Services are protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Services, and agree to abide by any and all copyright notices and other notices displayed on the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.

 

CLAIMS OF INFRINGEMENTS

If you are a copyright owner or an agent thereof and believe that any user Content or other content posted on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Crossroad to locate the material;

  4. Information reasonably sufficient to permit Crossroad to contact you, such as an address, telephone number, and, if available, an electronic mail address;

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Crossroad’s designated Copyright Agent to receive notifications of claimed infringement is the Customer Service department. You can submit your notices by clicking on the Leave a Feedback link on the Crossroad website. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may be deemed invalid.

 

INDEMNITY

You agree to defend, indemnify and hold harmless Crossroad, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and the Website.

 

LIMITATIONS AND TERMINATION OF SERVICE

You acknowledge and agree that Crossroad may establish limits from time to time concerning use of the Services, including among others, the maximum number of days that Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services. This limitation may be result of your membership privileges or other reasons that Crossroad may establish. You acknowledge and agree that Crossroad has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You acknowledge and agree that Crossroad reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that Crossroad shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You acknowledge and agree that Crossroad, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Services, for any reason or no reason, including, without limitation, if Crossroad believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Crossroad shall not be liable to you or any third-party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after said termination.

 

DISCLAIMER OF WARRANTIES

You expressly acknowledge and agree that use of the Website and the Services is entirely at your own risk and that the Website and the Services are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Crossroad, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and Services and your use thereof. Crossroad makes no warranties or representations about the accuracy or completeness of the Content on the Website or the content of any third party websites linked to the Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and Services, (iii) any unauthorised access to or use of Crossroad servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, communicated, transmitted, or otherwise made available via the Website or the Services.

Crossroad does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and Crossroad will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or a service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

 

LIMITATIONS OF LIABILITY

You acknowledge and agree that Crossroad shall not be liable for your interactions with any organizations and/or individuals found on the Website or through the Services. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Crossroad shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users on the Website, or between users and any third party, you understand and agree that Crossroad is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Crossroad, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Services.

In no event shall Crossroad, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Crossroad has been advised of the possibility of such damages), resulting from any aspect of your use of the Website or the Services, including without limitation whether the damages arise from use or misuse of the Website or the Services, from inability to use the Website or the Services, or the interruption, suspension, modification, alteration, or termination of the Website or the Services. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Website or the Services or any links on the Website, as well as by reason of any information, opinions or advice received through or advertised in connection with the Website or the Services. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Crossroad shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Website is controlled and offered by Crossroad from its facilities in the United States of America or other designated facilities that Crossroad may add or change from time to time, expanding in other geographical areas. Crossroad makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.

 

ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Crossroad without restriction. Any assignment or transfer by you shall be null and void.

 

NOTICES

Except as explicitly stated otherwise, legal notices shall be served on Crossroad’s national registered agent (in the case of Crossroad) or to the email address you provide to Crossroad during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address on file. In such case, notice shall be deemed given three days after the date of mailing.

Crossroad may change the Terms from time to time at its sole discretion and any other rules that may govern the use of Website and Services. If such changes are made, Crossroad will make a new copy of the Terms or applicable policies and send you a notice of the change. Crossroad may require you to provide consent to the updated Terms or policies in a specified manner before further use of the Website and Services is permitted. Otherwise, your continued use of any affected Service constitutes your acceptance of the changes. Your use of the Services is subject to the most current version of the Terms posted on the Website or through the affected Services at the time of such use.

 

LEGAL DISPUTES

We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of our Website may be interfered with by numerous factors outside of our control. You agree that these Terms and all incorporated agreements may be automatically assigned by Crossroad, in its sole discretion, to a third party in the event of a merger, acquisition, sale of assets and other transactions. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

If a dispute arises between you and Crossroad, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Crossroad agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or our Services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution (“ADR”) procedures, such as mediation or arbitration, as alternatives to litigation.

These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Crossroad must be resolved exclusively by a state or federal court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Crossroad must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Crossroad may recover attorneys’ fees and costs up to $1000, provided that Crossroad has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

 

OTHER PROVISIONS

These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and Crossroad and govern your use of the Services and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. You agree that any cause of action brought by you and arising out of or related to your use of the Services and/or the Website must commence within one (1) year after the cause of action accrues, except that Crossroad may commence any such cause of action in accordance with the applicable statute of limitations under California law. Otherwise, such cause of action is permanently barred. These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.

The following Sections survive any termination of this Agreement: Intellectual Property Rights,  Liability, Indemnity and Legal Disputes, Privacy Policy, Content Policy.

 

CONTENT POLICY

As a Crossroad user you may submit certain content to the Website, including but not limited to directory information, business listings, service requests, ads, messages between users, including without limitation emails, chats, SMS outside Crossroad’s communication system or other means of electronic communication, whether through the Website or another third party website or offerings, comments, user postings, files, images, photos, videos, sounds, or any other material made available through the Website and the Services (“Content”). Content is subject to limitations defined in this Content Policy.

A. Every new Content posted on the Website except comments and reviews posted by users is moderated by Crossroad moderators before being published on the Website. This is done for the purpose of controlling the quality of the Content and ensuring that the posted Content conforms to these Terms. All Content that has been detected as abusive and in violation of this Content Policy will be banned from the Website. In addition, Crossroad offers tools for users to flag potentially abusive content. If you think that a Content on the Website is abusive to you or in the violation of these Terms, you may flag said Content by clicking on the Report Abuse button, which will trigger review of said Content by Crossroad’s administrative personnel. If Crossroad’s content administrative personnel determines that your report about abuse has merits, Crossroad will unilaterally refuse, remove or block said Content from the Website. Moreover, repetitive abusers will be banned from the Website. You understand that by using the Website and the Services, you may be exposed to Content that may be offensive, indecent, inaccurate, misleading, or otherwise objectionable to you, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Crossroad with respect thereto. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Crossroad be liable in any way for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Services. Furthermore, the Website and Content available through the Website may contain links to other third party websites (Third Party Websites), which are completely unrelated to Crossroad. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Crossroad makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Crossroad disclaims all liability thereto.

B. You understand that Crossroad does not guarantee any confidentiality with respect to any Content you submit. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Services and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Services. In connection with such Content posted on, transmitted through, or linked from the Services by you, you affirm, acknowledge, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Services and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Crossroad to use such Content to enable inclusion and use of the Content in the manner contemplated by the Services, the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Services, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting the Content to Crossroad, you hereby grant to Crossroad an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Crossroad’s (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Crossroad in order to host and display your Content. Furthermore, by you posting Content to any public area of the Services, you agree to and do hereby grant to Crossroad all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you remove or delete such Content from the Website.

C. Crossroad does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Crossroad expressly disclaims any and all liability in connection with user Content. Crossroad does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Crossroad may, at its sole discretion, remove any infringing Content if properly notified that such Content infringes on another’s intellectual property rights. Crossroad reserves the right to remove any Content without prior notice.

D. Crossroad may also terminate a user’s access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, Crossroad reserves the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libelous, or defamatory material, or excessive length. Crossroad may remove such Content and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

E. Crossroad may provide a video service to you if you upload videos for your listing, ad or otherwise use it in your communication with other Crossroad users. By uploading your videos, you irrevocably consent to the use of your videos for the Services and represent and warrant that you have all right, title and interest necessary to upload and use the videos in connection to the Services. Under this service, using a third party application or service, Crossroad may, at its discretion, upload your video via www.YouTube.com or another third party service provider, as determined by Crossroad at its discretion, and embed the video into your ad on Crossroad.

F. Crossroad will allocate storage space for your Content on Crossroad servers. The amount of that space varies based on your user privileges. In addition, you can purchase additional storage space as part of optional Services. You agree that in case if you exceed the storage space limit assigned to you, Crossroad will not be responsible for potential loss of your Content as a result of exceeding your storage space quota. If you use, or attempt to use the Service for purposes other than permitted by these Terms, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

Crossroad, in its sole discretion, may remove your Content and terminate your license if Crossroad has reason to believe your use of the Content is unlawful and is in violation of these Terms. Each User agrees to indemnify and hold Crossroad harmless for losses resulting from any use or attempted use of the Services in violation of these Terms. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Crossroad with that respect.

 

RULES OF CONDUCT

You agree not to post Content that: violates any law, is copyrighted and patented by someone else while you do not have a posting permission, is harmful, abusive, pornographic or violates these Terms in any way. You also agree not to: solicit other members without their consent, collect personal data of members for commercial or unlawful purposes, hack the Site or its servers, export Content to other web sites or 3rd parties without Crossroad’s explicit permission. You also represent and warrant that the Content you post on the Site shall not be: false, inaccurate or misleading, obscene or contain unlawful material, contain any viruses, or create a liability for Crossroad in any way.

You agree not to post, email, or otherwise make available Content that:

  • Violates any law;

  • Is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to 3rd party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Crossroad all of the license rights granted herein;

  • Is harmful, unlawful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another’s privacy, or harms minors in any way;

  • Harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

  • Involves any munitions or firearms;

  • Involves pirated software, videos or the Item(s) otherwise infringing copyrighted works;

  • Involves illegal drugs or controlled substances;

  • Involves a sale or transfer of items and services that require a third party license without having such a license;

  • Violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

  • Violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.

  • With respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.

  • Impersonates any person or entity, including, but not limited to, a Crossroad employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

  • Includes personal or identifying information about another person without that person’s explicit consent;

  • Is false, deceptive, misleading, deceitful or constitutes “bait and switch”;

  • Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

  • Constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;

  • Constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Website which are not designated for such purposes; or (2) emailed to Crossroad users who have requested not to be contacted about other services, products or commercial interests;

  • Includes links to commercial services or Third Party Websites, except as specifically allowed by Crossroad;

  • Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by California law;

  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Services, or that otherwise negatively affects other users’ ability to use the Services; or

  • Employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services.

  • Is non-local or otherwise irrelevant;

  • Is repeatedly the same or similar, or otherwise impose an unreasonable or disproportionately large load on Crossroad infrastructure;

  • Is the same item or service in more than one classified category or forum, or in more than one metropolitan area.

Additionally, you agree not to:

  • Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; “stalk” or otherwise harass anyone;

  • Make any libelous or defamatory comments or postings to or against anyone;

  • Collect personal data about other users for commercial or unlawful purposes;

  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services, except for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) without prior written consent of Crossroad;

  • Attempt to gain unauthorized access to Crossroad’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Website.

  • Use any form of automated device or computer program that enables the submission of postings on Crossroad without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; or

  • Use any form of automated device or computer program (“flagging tool”) that enables the use of Crossroad’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.

  • Fail to deliver payment for items and/or services purchased by you, unless the seller has materially changed the item’s and/or service description after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity;

  • Fail to deliver items and/or services purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity;

  • Manipulate the price of any item or interfere with other users’ listings;

  • Circumvent or manipulate Crossroad fee structure, the billing process, or fees owed to Crossroad;

  • Post false, inaccurate, misleading, defamatory content (including personal information);

  • Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Websites or using it for purposes unrelated to Crossroad);

  • Transfer your Crossroad account (including feedback) and User ID to another party without Crossroad’s consent;

  • Export or re-export any Crossroad tools except in compliance with the export control laws of any relevant jurisdictions;

  • Copy, modify or distribute rights or content from the Websites, service or tools or Crossroad’s copyrights and trademarks;

  • Harvest or otherwise collect information about users, including email addresses, without their consent.

You further agree that your information, Content and your activities through our Service shall not:

  • Be false, inaccurate or misleading;

  • Be fraudulent or involve the sale of counterfeit or stolen items;

  • Be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools);

  • Infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy;

  • Violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial Services, consumer protection, unfair competition, antidiscrimination, or false advertising);

  • Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

  • Be obscene or contain child pornography;

  • Contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;

  • Create liability for Crossroad or cause Crossroad to lose (in whole or in part) the Services

 

PRIVACY POLICY

All information we collect on this Website is subject to this PRIVACY POLICY. By using the Website and Services, you consent to all actions taken by us with respect to your information in compliance with the PRIVACY POLICY. You represent and warrant that all data provided by you is accurate. You also agree to be bound by NO SPAM, USER PROTECTION and USER PRIVACY terms of this PRIVACY POLICY.

 

NO SPAM

You understand and agree that sending unsolicited advertisements or other unsolicited communications to Crossroad users or through Crossroad communication systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time Crossroad may monitor your usage of Services via using human monitors or automated software to flag certain patterns associated with spam or scams in user communication or Content in the Crossroad network.

Any communication between yourself and any other user utilizing the communication features available on the Services and the Crossroad website (Website) may be used only in accordance with the Terms. Any unauthorized use of Crossroad is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

 

USER PROTECTION

Crossroad’s service vendors (“Vendors”) and Crossroad’s service consumers (“Customers”) share the responsibility of making sure that transactions facilitated by Crossroad are exciting, rewarding and hassle-free. We strongly encourage Customers to work with Vendors before opening a claim relating to a service purchase. Customers and Vendors agree to follow the requirements of this User Protection Policy with respect to claims. Crossroad covers only claims filed in accordance with this User Protection Policy. We may suspend any user account without notice if we suspect abuse or interference with the proper working of the program.

We require Vendors to comply with our resolution process. Customers and Vendors permit us to make a final decision, in our sole discretion, on any claim that a Customer or a Vendors files with Crossroad under the Crossroad User Protection Policy. If we resolve a dispute in the Customer’s favor, we will refund the Customer for the full cost of the service item (including any applicable sales taxes and service related fees) and we will require the Vendor to reimburse us for the amount due to the Customer. Without limiting the foregoing, Vendors may not have to pay a reimbursement for a Crossroad claim if they provide the documentation (for example, delivery confirmation or proof that the service item was delivered as described) indicated in the Crossroad User Protection policy. If we resolve a dispute in the Customer’s favor, we may take steps, at our sole discretion, downgrading Vendor’s rating.

In addition:

  • Vendors must have a reimbursement method on file with Crossroad.

  • Vendors agree to allow us to remove funds from their PayPal or other accounts for amounts due to Customers. Sellers may change this reimbursement method by changing their Profile settings. However, we reserve the right to continue using Seller’s PayPal and other accounts for Crossroad User Protection cases associated with Crossroad transactions paid for before the change.

  • Where there are insufficient funds in PayPal accounts or where PayPal is not the reimbursement method of a Vendor, we will require another reimbursement method.

  • Vendors agree to allow us to charge the payment method they designate for amounts due Customers.

Changing a reimbursement method will not affect Crossroad’s use of a payment method on file for other purposes (such as payment of your Crossroad fees). If Vendors do not provide Crossroad with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict Vendors from trading on our sites until required payment is made.

 

USER PRIVACY

A. Type of Information Collected. When you visit the Website, we may collect certain non-personal information such as your Internet Protocol (“IP”) address, operating system, browser type, and Internet service provider. This type of information does not identify you personally. When you register with the Website, we may also collect personal information that you provide such as your name, mailing address, email address, home country, and zip code (“Registration Information”). You have the option of also providing to us your phone and fax numbers, gender, age, and/or company name if you choose to register with Crossroad. We may also collect additional information that our users provide, such as new or deleted postings, new or deleted comments, keyword searches, scam reports and new contact sellers. We use a third party credit card processing company for purchases, and other third party companies to monitor site traffic, which may, in some instances, store your information (see Section (c) below). By using this Website or the Services, you consent to collection, storage, and use of the personal information you provide for any of the Services that we offer, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by Crossroad. If you use the Website within the territory of Armenia, you agree, and acknowledge, that you are giving your consent to collect and use all the information you provide on Crossroad to the fullest extent of the Law “On Personal Data” of The Republic of Armenia.

B. Cookies. We may use cookies to manage our users’ sessions and to store preferences, tracking information, and language selection. Cookies may be used whether you register with us or not. “Cookies” are small text files transferred by a web server to your computer and thereafter stored on your computer. The types of information a cookie collects include the date and time you visited, your browsing history, your preferences, and your username. Cookies are designed to help you in accessing certain features of the Website and, based on your usage pattern, assisting your better navigation through the Website. In some instances, our third party service providers may use cookies on the Website. We cannot control or access cookies used by third party service providers. These Terms cover only cookies used by Crossroad, and not any cookies used by third parties. You have the ability to either accept or decline the use of cookies on your computer, whether you are registered with Crossroad or not. Typically, you can configure your browser to not accept cookies. However, declining the use of cookies may limit your access to certain features of the Website.

C. Third Parties. We use third party service providers to process purchases you make and to monitor our users’ interests. In addition, the Website may occasionally contain links to third party websites. If you click on the links to third party websites, you leave the Website. We are not responsible for the content or the security of your personal information when using the third party services providers or when using the third party websites. These third party service providers and third party websites may have their own privacy policies governing the storage and retention of your personal information that you may be subject to. They may collect information such as your IP address, browser specification, or operating system. These Terms do not govern personal information provided to, stored on, or used by these third party providers and third party websites. We recommend that when you enter a third party website, you review the third party website’s privacy policy as it relates to safeguarding your personal information. We use third-party advertising companies to serve ads when you visit the Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to the Website and third party websites in order to provide advertisements about goods and services of interest to you. On the Website, Google, as a third party vendor, uses cookies to serve ads. Google’s use of the DoubleClick DART cookie enables it to serve ads to the Website’s users based on their visit to the Websites and other third party websites. For more information on the DART cookie see: http://www.doubleclick.com/privacy/faq.aspx. You may opt out of the use of the DART cookie by Google by visiting the Google Ad and Content Network Privacy Policy at: http://www.google.com/privacy_ads.html. You may opt out of targeting advertising for all NAI member ad networks by visiting: http://www.networkadvertising.org/. By publishing an ad on the Website, you acknowledge and agree that the Content is public and accessible by any third party and that they may appear in search engine results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in RSS feeds and third party websites pursuant to co-branding agreements, and that it is the sole responsibility of each of those search engines, third party websites or RSS web feed resources to update and/or to remove Content from their indexes and their cache. You agree and acknowledge that Crossroad is not liable for the information published in search results or by any third party website that carries Crossroad postings.

D. How Your Information is Used. We may use information provided by you to: monitor user activity, such as keyword searches or new postings, to more effectively manage traffic on the Website, provide better customer service, create and manage user accounts, assist you with technical difficulties. We also may share certain information, such as your browser capabilities or operating system, that we have collected with third party service providers in order to better understand which advertisements and services may interest you. We may block users located in certain countries from using the Website. We may retain such information for as long as is required to fulfill our business objective, even after your account is terminated.

E. Protecting Your Personal Information. You are a valued customer, and we recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the personal information you provide in a variety of ways. We do not directly process any payments and do not store your credit card information. Secured socket layer (“SSL”) technology is used for processing payment transactions with third party service provider partners, such as PayPal, Click & Buy or others. Your registration information may be protected by a unique customer password and user ID. You should not disclose your password information to anyone and you should always remember to log off if using a shared computer. Lastly, you may utilize the Website as an anonymous user by not registering. We keep information related to the Services and the Website in a database at a secure location in Europe and the United States. By providing us with your personal information and using the Website, you are consenting to any such transfer of information outside of your home country. By visiting the Website and providing us with information and data, you acknowledge and agree that due to the international dimension of Crossroad we may use such information and data provided by you and collected in the course of our relationship for the purposes identified in these Terms or in our other communications with you, including the transmission of information outside your resident jurisdiction. We have taken certain security protections in safeguarding your personal information. However, as with most electronic transactions, no method is 100% safe. While we strive to use a commercially acceptable means to protect the personal information you provide, we cannot guarantee its security. Therefore, you acknowledge and agree that we assume no liability regarding the theft, loss, alteration or misuse of personal or other information or Content, including without limitation such information that has been provided to third parties or other users, or with regards to the failure of a third party to abide by the Terms or an agreement between us and a third party. You may participate in our online forums or utilize our feedback and comments feature, that may expose your user ID to other users of the Website. We strongly discourage posting any information on these features or in any Content posted by you that you do not want others to see. You agree that you are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use.

F. Your Choice. You need to register in order to post or respond to advertisements on the Website. If you register, we may send you certain notifications, advertisements, promotions, and specials. We may also send you any legally required notifications and certain notifications, including but not limited to, service related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Website. You can opt out of certain email communications from us, including our newsletters, advice on buying and selling on the Website, notifications that a user has commented on your posting, and notifications that you can refresh your posting. We will not change your preferences without your consent. In order to opt-out of receiving these notices, you may need to set your preferences in your account home page. You can review and update your personal information by logging into the Website and visiting your account profile page. You may also send an email to support@crossroad.com to request access to, correct or delete any personal information that you have provided to us.

G. Disclosures. On rare occasions, we may be required to disclose your personal information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your personal information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements, or discovery requests. We may also disclose information about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Crossroad, its users or the general public.

H. Notification of Changes. We reserve the right to change these Terms from time to time, and at our sole discretion. We will send you a notice regarding material changes to the Terms or the Website. You should make note of the “last updated date” at the beginning of the Terms. With this information, you should be able to identify if the Terms have been updated recently. If substantially all of our assets are sold or merged into another company, we will notify you of the transaction. The acquiring company shall be given access to your personal information without your consent. If we sell only a part of our business, the acquiring entity shall have access to your personal information without your consent and we may send you a notice regarding this sale.

I. Disputes. Any disputes regarding your privacy are subject to these Terms, including but not limited to, any provisions related to indemnification, limitations on damages, and choice of law.

 

LICENSE POLICY

Crossroad grants you a limited, revocable, nonexclusive license to access the Services for your own personal use (for personal and guest accounts), or for business use (for corporate accounts), or for collective group use (for group accounts). Crossroad permits you to display on your website, or create a hyperlink on your website to, individual postings on the Services so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media) and subject to limitations defined in these Terms. This license is non-transferable and non-assignable to third parties.

This license does not include: (a) access to the Services by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Crossroad. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided they each do so from a fixed IP address or range of fixed IP addresses using an easily identifiable agent and comply with License Policy. These general purpose internet search engines do not include websites and other services that specialise in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

You may not use any meta-tags or any other “hidden text” utilizing Crossroad’s name, logo, trademarks or copyrights without the express written consent of Crossroad. Crossroad permits you to display on your website, or create a hyperlink on your website to, individual postings on the Services so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed on or linked to your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these Terms, absent express permission granted by Crossroad to do so. You may also create a hyperlink to the homepage of the Website so long as the link does not portray Crossroad, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Crossroad, at its own discretion, may offer various parts of the Services in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Crossroad permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Services and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ‘Crossroad’ as the source, (d) your use or display does not suggest that Crossroad promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Crossroad’s systems. Crossroad reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Services beyond the scope of authorized access granted to you by Crossroad immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Services or any Content made available via the Services for other purposes (including commercial purposes) not stated herein, you must first obtain an express written permission from Crossroad.

 

PAYMENT POLICY

Terms and conditions outlined below define relationships related to selling and buying products, services and work ("Product" or "Service" or “Coupon” and collectively "Services") placed on the web portal www.crossroad.com ("Website") hosted by Crossroad Networks, Inc. (“Crossroad” or “We”). These Terms define relationship between vendors of Services (“Vendors” or “Sellers”) and customers (“Customers” or “Buyers”). Vendors and Customers of Services can be people and companies registered on the Website (collectively “Users”). Placing orders on the Website and making use of any other Service provided on the Website means that you accept and agree with this Payment Policy, which is inseparable part of the Terms of Use.

These Terms may differ for each country where the services are rendered or goods are delivered (“Country”). The Country is selected from the list of available Countries supported by the Website

 

GENERAL TERMS

  1. Website and Services are available to Users who, in accordance with law, are permitted to conduct business on the territory of Country

  2. Users must be registered on the Website at the time of selling/buying Services. Guest users may add Services to their temporary Shopping Cart, however, they will be offered to login to the Website or register at the time of Checkout - placing a marketplace order

  3. By placing Services on the Website, the Vendor authorizes Crossroad to be the Vendor’s agent of service and to sell Services on the Website on behalf of the Vendor. Proceeds from sales of Services must be paid to the Vendor in accordance with these Terms.

  4. Crossroad does not pay interest on the amount received from Customers and does not perform other transactions with Customers payments, except for paying Vendors and refunding Customers.

  5. Vendors can be one of: Merchants, Traders

  6. Merchants must have a merchant account registered with the Website. Merchant account requires a presence of a valid business tax code registered with Armenian State Register and a valid bank account at a commercial bank operating in official currency of the selected Country on the Website

  7. Merchants represent and guarantee that they 
    a) are duly registered and properly operating entities on the territory of Country 
    b) have all the required permissions and agreements or ownership to offer Services 
    c) offering Services is done in accordance with the Tax Code and other legislations of the Country

  8. Special privileges on the Website available to Merchants only:
    - Company page
    - Business logo present on each Service listing (link to its Company page)
    - Ratings, Reviews
    - Business networking
    - Broadcasting
    - Advertising

  9. Traders, in contrast to Merchants, do not have either a valid tax code or a bank account on file with the Website or do not wish to become Merchants. Traders cannot offer their Services directly on the Website but only via Crossroad or other Merchants (retailers). In case when Crossroad acts as a reseller of Services, Crossroad first qualifies the Service before publishing on the Website. Crossroad reserves the right to refuse any Service offered by Traders if it has any doubt in the quality or availability of said Services or conformance of the Service to these Terms

  10. Traders are aware that selling products and offering services, except from the sale of personal property conducted in accordance with law, can be considered as an entrepreneurial activity in the Country. Such commercial activity without required tax accounting procedures is a violation of tax legislations and may result in Trader’s tax liability. To mitigate this tax liability We may charge extra fee from Traders for sold Services

  11. Vendors do not have rights to offer Services that are prohibited by the legislation of the Country and/or by these Terms of Use

  12. Merchants can receive payments for sold Services via bank transfer to their bank accounts on file with the Website.

  13. We reserve the right to pay cash to Traders for offered (sold) Services if these Traders do not have a valid bank account on file with the Website

  14. Crossroad and third party banks and payment and settlement organizations operating with Crossroad may place restrictions on sold Services via the Website based on total cost, quantity or other considerations as a security measure. We may unilaterally refuse any transaction that We believe does not abide with these Terms or restrictions imposed by third party banks and payment and settlement organizations

  15. Crossroad communicates with Customers and Vendors by email (using email addresses on file). As additional means of communication, changes in orders statuses, payments and refunds, shipment info, messages between Customers and Vendors – are communicated via the internal notification mechanism available on the Website (includes notifications via the Website and/or automated SMS messages sent to Users mobile phones on file with the Website). These emails and notifications are usually sent within seconds, while the actual time of email or notification delivery may vary depending on your particular email service provider or mobile operator

  16. We reserve the right to fix any processing error we may discover. We will correct a  processing error by debiting or crediting the payment method used for the erroneous transaction.

 

PAYMENT TERMS

  1. Once the Services to be purchased are selected and added to Customer’s Shopping Cart, the Customer initiates a checkout process during which he/she must choose one of the payment methods available in the Country.

  2. If an online payment method was selected (all but the CASH option), then Customer is redirected to an external website for processing the online payment. If the online payment is processed successfully and the Customer’s account is charged for the price of the purchase, the customer order (Purchase Order) is considered submitted. In case of CASH payment method the Purchase Order is considered submitted upon completing the purchase

  3. Payment terms and conditions are regulated by the rules of third party banks as well as payment and settlement organizations that Crossroad operates with.

  4. By choosing a payment option, the Customer states that he/she is aware and agrees with the rules of third party banks and payment and settlement organizations and that the Customer is obligated to follow them and these Terms unconditionally.

  5. The Customer must pay the total sum indicated at the time of completing the purchase. In case of incomplete payment ("Insufficient Payment" or “Insufficient Funds”) the Purchase Order will be flagged as invalid and will not be processed in the system. In this case the payment will be cancelled and the Customer will not be charged any money. If the Insufficient Payment is due to the lack of necessary funds at the Customer’s account, Crossroad is not responsible for the damages caused to the Customer.

  6. Once the Purchase Order is submitted in the system, appropriate notifications and email messages are sent to the Customer and Vendors of the Order, as a confirmation of purchased Services.

  7. Purchase Order may contain multiple Services purchased from several Vendors. Set of one or more Services of a Purchase Order offered from a single Vendor forms a Sale Order from that Vendor. A single Service item from a Sale Order forms a single Order or Sale Item of the Sale Order.

  8. The Order is a binding contract between Customer and Vendor. The Vendor must honor the terms of the Order existed at the time of submitting the Order, regardless if Service conditions have changed since. Any changes to the Order may affect future sales, however, Order conditions at the time of forming the Order must stay in effect until the Order is fulfilled.

  9. Crossroad will hold on the money received from Customers until the Order is delivered and the Customer accepts completion of the Order. Once the Order is completed, Crossroad transfers to Vendors their respective portions of the proceeds from sales received from the Order (Proceeds). Proceeds are transferred to Vendors within 10 (ten) banking days, unless otherwise is agreed between Crossroad and the Vendor.

  10. For the sales conducted by means of the Website, Crossroad charges commissions from every purchase conducted on the Website in accordance with the Schedule of Fees defined below. In some cases Crossroad may enter into a separate agreement with Vendors on special terms for commissions that may differ from the Schedule of Fees. The terms of this separate agreement depends on the volume of sales and other parameters that the Vendor and Crossroad agree separately in writing.

  11. In addition, Users of the Website may use optional paid services offered by Crossroad and defined in the Schedule of Fees below. In some cases Crossroad may enter into a separate agreement with Vendors on special payment terms that may differ from the Schedule of Fees.

  12. Crossroad’s commissions and fees are used to cover third party fees (third party banks and payment settlement organizations that Crossroad operates with), delivery expenses, customer support, disputes resolution between Customers and Vendors, Website support and maintenance, IT expenses and other.

  13. For settling on Crossroad’s commissions and fees, Crossroad will invoice the Vendors and other Users for accumulated commissions and fees  for the invoicing period. The invoicing period can be on monthly or bi-weekly basis, depending on the volume of sales. These invoices will contain settlement terms according to the rules and law of the Country

  14. Crossroad is entitled to unilaterally charge the Vendor from Proceeds for the liabilities the Vendor has to Crossroad in connection with the Services rendered on the Website and overdue invoices. Moreover, Crossroad has the right to unilaterally postpone the payments to Vendors and/or Customers up to 30 (thirty) days or more if additional investigation is needed in connection with the Customers complaints or there is a reason to believe that Prohibited Transactions have taken place. Meanwhile, the delay of money transfer to Customers may occur due to cases imposed by third party payment and settlement systems used to pay for the Services.

  15. After the end of each calendar month and within 3 business days Crossroad presents to the Vendor a detailed monthly report about all sales from the Vendor’s brand conducted on the Website for the past month. Vendors will not receive such a report only if there was no transaction by that Vendor’s brand recorded on the Website for that month. The report contains the following information for each transaction: date and time of the order, order number, item number (SKU code), item name, item options if any, item price, quantity, total price, payment method used, amount paid, delivery details. The report also contains summary of the business with monthly totals, accumulated commissions and fees and the sums due to Vendor and Crossroad. The report is sent electronically to the email address provided by the Vendor at the time of registration, unless a different administrative email address is provided in Vendor’s profile.

 

LIMITED RESPONSIBILITY

  1. Vendors and Customers agree that Crossroad is not responsible for any transaction conducted on the Website in connection with the Services. Crossroad has right to unilaterally refuse any transaction, payment or posting without reason.

  2. The Vendor states that it is their own responsibility to find out whether the Services are subject to additional value added tax (VAT) and must calculate, pay and report VAT related taxes on their own.

  3. Crossroad uses third party payment and payment settlement services and software and is not responsible for their availability at all times.

  4. The Website and Services are provided on “as is” basis. Crossroad does not guarantee that the Services placed on the Website will match the actual services provided by Vendors or will meet Customers expectations. Furthermore, it does not insure that both the Website and Services will always be affordable, will have no shortcomings or omissions.

  5. Customers and Vendors agree that Crossroad is not responsible for any losses or damages caused by the exploitation of the Website and/or Services regardless of whether they are caused by the actions of Crossroad, its employees, agents, partners, and other persons.

 

APPLICABLE LAW

These Terms are subject to the laws of the Country. All disputes between Customers and Vendors or between Customers and Crossroad or between Vendors and Crossroad can be resolved in the courts of the Country, unless agreed otherwise between parties in writing.

 

SHIPPING POLICY

Terms and conditions outlined below define relationships related to shipping of goods, coupons, other shippable items and work (collectively "Services") purchased on the web portal www.crossroad.com ("Website") hosted by Crossroad Networks, Inc. (“Crossroad” or “We”). These Terms define relationship between sellers of Services (“Vendors” or “Sellers”) and buyers (“Customers” or “Buyers”) concerning delivery of purchased Services to the recipients of the Services (Recipient). Vendors and Customers of Services can be people and companies registered on the Website (collectively “Users”). Placing orders on the Website and making use of any other Service provided on the Website means that you accept and agree with this Shipping Policy, which is inseparable part of the Terms of Use.

 

GENERAL TERMS

  1. This Shipping Policy is Crossroad’s default set of rules related to shipping of purchased Services and it applies to all Vendors and Customers on the Website.

  2. Vendors, in turn, may overwrite some of the rules of this Shipping Policy, whether General Terms or country specific terms and may publish their own set of shipping rules available worldwide or for selected countries. In any case, each Service, subject to purchase will have easily accessible rules of Crossroad’s or vendor specific Shipping Policy.

  3. Crossroad may fulfill the delivery of Services via its agents - logistical companies and individuals fulfilling delivery (Dispatchers).  Dispatchers can have their own set of rules and procedures for collecting Services from Vendors and delivering said Services to Recipients of the Services, nevertheless, all Dispatchers must adhere to these Terms, otherwise such agents cannot fulfill Crossroad delivery.

  4. By placing Services on the Website Vendors authorize Crossroad, and Crossroad, in its turn, authorizes Dispatchers, to act as an agent of service and collect deliverable Services from Vendors for delivering these Services to Customers.

  5. Buying Services on the Website to be shipped to the Recipient of the Services at Customer’s designated address means that Customers accept and agree with the terms of this Shipping Policy (and Sellers Shipping Policy if exists) and that Customers authorize Crossroad, and Crossroad, in its turn, authorizes Dispatchers, to act as an agent of service and deliver purchased Services to the Recipient.

 

ORDER PROCESSING: VENDOR FLOW

  1. Every new Purchase Order entered into the system generates notifications and email messages sent to the Customer and to all Vendors of Services purchased as part of the Purchase Order. Each Vendor of the Purchase Order receives a notification in the system about its portion of the order (Sale Order). Every Service item of the Sale Order, subject to sale to Customer by Vendor, is called Order. Statuses of the Order from the Customer side are same as from the Vendor side, as both the Customer and the Vendor can monitor and manage the Order progress.

  2. In addition to the notification about newly received Order, Vendor receives an e-mail (on Vendor’s e-mail address on file) containing electronic invoice and Sale Order details, including items purchased from this Vendor, total amount due to this Vendor, delivery or pick-up address, rush order, etc.

  3. When a Vendor changes the status of the Order along with the Order progress, a notification is sent to Customer about the progress of one or more items in the Purchase Order

  4. From the status “New Order” Vendor can change the status of the Order to one of: “Accepted”, “Rejected”. If the Vendor does not have the requested Services in stock, then the Order status can be changed to “Rejected”.  This action, however, negatively impacts Vendor’s credibility on the Website and affects Vendor’s ratings, because it is Vendor’s responsibility to make sure that posted Services along with their current prices are available on the Website. If the Vendor acknowledges the receipt of a valid Order, it can change the Order status to “Accepted” and a corresponding notification and email is sent to the Customer acknowledging the receipt of the Order by Vendor. At this stage Customer can still cancel the Order (items in the Purchase Order).

  5. Once the Vendor starts processing the Order, it should change the Order status to “In Fulfillment”. This status blocks Customer’s actions for cancelling the Order. At this stage Vendor prepares the Order by collecting and packaging the Order and prepares for shipping  or pickup. Vendor may use its own or Crossroad’s special packaging when preparing the Order for shipment. Packaging may include boxes with vendor’s or Crossroad’s logo or custom paper and plastic bags. In case of packaging with Crossroad logo, this packaging materials should be distributed to Vendor beforehand and to be in sufficient quantities and inventory at all times.

  6. Once items in the Sale Order are ready for shipment, Vendor prints out an Invoice from within the system that contains the Sale Order number and itemized list of items ready for shipment for that Sale Order, items price, total sums. This Invoice is affixed to the Sale Order packaging

  7. If COD (CASH) payment method was used in the Sale Order, then Vendor must also issue a cash register receipt and affix it to the Sale Order packaging as well.

  8. Vendor must deliver the Sale Order to the address specified in the “Pick-up From” field of the Sale Order. This usually is Vendor’s warehouse or one of it’s chain stores or single stores.  Vendor can change the statuses of each Order in the Sale Order to “Ready for Pick-up” or “Ready for Delivery”, depending on the delivery or self-pick-up option specified in the Purchase Order. Other choices are not available for the Vendor at this stage of the Order processing.

  9. If a self-pickup option was specified in the Order, then a notification and email is sent to the Customer notifying of the “Ready for pick-up” status for each Order in the Sale Order. If a delivery option was specified, then a notification and email is sent to the Dispatcher of the Order notifying of the “Ready for delivery” status of the Order.

  10. After the Order receives a status “Ready for Delivery” it awaits for Dispatcher’s pick-up. Dispatcher, during Order pick-up must present to the Vendor a Pick-up Receipt as a proof that Order was picked up by the Dispatcher. In return, the Vendor signs a corresponding box of the Shipping Bill that the Order was handed to the Dispatcher. After handing the Order to the Dispatcher Vendor marks the Order as Shipped. At this stage Dispatcher can deliver the Order to the Customer (or Recipient) or bring it to Crossroad’s distribution Hub.

  11. If, upon delivery to Recipient, the Order is refused by the Recipient, then Dispatcher must return the Order to the Vendor and process the return. Vendor, in its turn, must change the status of the Order to “Refused”.

 

ORDER PROCESSING: CUSTOMER FLOW

  1. Customers can obtain Services by searching or browsing Services posted on the Website and adding needed Services to the Customer’s Shopping Cart. Once selection of needed Services is completed, Customers can proceed to the Checkout phase for creating a Purchase Order.

  2. During Checkout process Customers may schedule convenient delivery time. Depending on the delivery address and selected delivery speed and time, different delivery charges may apply to the Purchase Order. The total amount of the Purchase Order consists of the sum of prices of all items placed in the Shopping Cart plus delivery charges. Once the Customer accepts Shipping Terms and pays for the totals (or elects to pay Cash on Delivery for COD orders) a new Purchase Order is created in the system.

  3. Upon creation of a new Purchase Order the Customer receives a notification in the system about a new Purchase Order with the status “New Order” and an e-mail (on Customer’s e-mail address on file) containing electronic invoice and order details, including items purchased, total amount, delivery charges, payment method used, delivery address, estimated delivery time, etc.

  4. Customer can perform only one action for changing the status of the Purchase Order - canceling the Purchase Order entirely, or cancelling one or more items in the Purchase Order, however, canceling an item (Order) of the Purchase Order is possible only prior to that Order’s fulfillment phase, i.e. only when the status of the Order is one of: “New Order” or “Accepted”. During every other status of the Order it cannot be cancelled by Customer anymore. Customer can periodically check the status of the Order and monitor Order’s progress.

  5. If COD (CASH) payment method was used during Purchase Order submission, then every Vendor’s portion of the Purchase Order must be accompanied by cash register receipt for Vendor Order and a separate receipt for delivery charges. These cash register receipts can be issued by Crossroad and/or by Vendors of the Services sold.

  6. Every Purchase Order must be accompanied by paper invoice issued by Crossroad and presented to Customer (or Recipient) by Dispatcher. This paper invoice must state the Purchase Order details, such as: price of each item, quantities, totals and delivery charges. Customers (or Recipients) should hold on this paper invoice as proof of their Purchase Order for future reference.

  7. Recipient has right to refuse the delivery for convenience, without opening the packaging in which the Purchase Order items were delivered. In that case the Recipient must sign “Refused” box in the Shipping Bill presented by Dispatcher. For refused Orders Customer may be subject to delivery charges. For perishable items like food Customer may also be subject to additional return related charges based on Return and Refund Policy of Crossroad and/or Vendors of the Services for perishable goods or custom Services ordered.

  8. Customer can also refuse the items in the Order if the packaging is damaged to the point that there is a reasonable doubt that the Order may be damaged during shipping. In this case Recipient marks also the checkbox “Damaged packaging” on the Delivery Receipt. Such Order is subject to return and the Customer will be refunded all money including portion of shipping charges for that Order.

  9. Upon accepting the Order delivery and without opening the packaging in which the Order was delivered Recipient must sign a delivery receipt (Delivery Receipt) presented by Dispatcher of the Order and confirming the receipt of the Order.

  10. Delivered Orders are subject to return and refund as outlined in the Return and Refund policy of Crossroad or Vendors of the Services (see Return and Refund Policy for more details)

 

ORDER PROCESSING: DELIVERY FLOW

  1. The flow for Dispatcher starts when the Order receives a status “Ready for Delivery”. Dispatchers receive from Crossroad electronic Pickup Invoices and Delivery Invoices, containing Orders for that day to be picked up from Vendors and delivered to Customers. Note that the Pickup Invoices are different from Delivery Invoices as Pickup Invoices are associated with one Vendor and contain all Orders for that day to be picked up from that Vendor and may contain items from different Customer Purchase Orders, while Delivery Invoices are associated with one Customer and may contain Orders from different Vendors. Dispatchers take those Pickup and Delivery Invoices for the day and start the pickup and delivery process.

  2. For every Vendor a separate Pickup Invoice is generated that contains combined list of items from all Orders for that day to be collected from said Vendor for shipment. One copy of the Pickup Invoice is presented to Vendor at the time of pickup of the items according to the Pickup Order. The Pickup Invoice consists of the following fields:

  • Vendor name,  pick-up from address, Vendor’s telephone number

  • Dispatcher’s name (company or person), Dispatcher’s telephone number

  • Shipping Items with prices and quantities, amounts and totals without delivery charges

  • Signature block for Dispatcher, signature block for Vendor

  • Refusal checkboxes with reasons for pickup refusal (damaged packaging, late Order, cancelled Order, etc.)

  1. For every Customer a separate Delivery Order is generated that contains combined list of items from Purchase Order of that Customer to be delivered that day. The paper-copy of the Delivery Order is called a Delivery Receipt and consists of the following fields:

  • Recipient’s name,  delivery-to address, Recipient’s telephone number

  • Dispatcher’s name (company or person), Dispatcher’s telephone number

  • Shipping Items with prices and quantities, amounts and totals with delivery charges

  • Signature block for Dispatcher, signature block for Recipient

  • Refusal checkboxes with reasons for delivery refusal (damaged packaging, late Order, cancelled Order, wrong or incorrect Order, Order no longer needed, etc.)

  1. When picking-up an Order from a Vendor, Dispatcher and Vendor sign the Pick-up Receipt with one copy to be left with the Vendor and the second copy - with Dispatcher. Then Dispatcher collects the Order items ready for delivery and Vendor changes the statuses of collected items as “Picked up”

  2. The sequence of addresses to pick-up and deliver can be managed by Dispatcher or Crossroad. For intensive Order schedule Crossroad may decide to have dual loop for the delivery process: Sale Orders are collected from Vendors and are delivered to a special distribution hub that sorts Orders for delivery, then a separate delivery vehicle delivers Purchase Orders from this central hub to end Customers.

  3. When Dispatcher delivers Orders to the Recipient, the first thing Dispatcher does - presents to Recipient the Delivery Receipt, which is an excerpt from the Purchase Order. Once the Delivery Receipt is signed by Recipient, Dispatcher hands the Order items to the Recipient and leaves.

  4. If the Recipient refuses to receive one or more items of the Purchase Order, then the Recipient marks a corresponding refusal checkbox on the Delivery Receipt and signs it, after which Dispatcher leaves the Recipient without handing the refused Order items, which then must be returned to central distribution Hub for further returning to their respective Vendors.

  5. In any case the Recipient does not have an option to inspect the Order before signing the Delivery Receipt either for refusal or for acceptance. Once the Order is opened, it can not be refused. Opened orders are subject to return and refund, but not refusal.

  6. For accepted orders with COD payment option Dispatcher takes cash from the Recipient, hands change if any. COD orders must have cash receipt presented to the Recipient at the time of delivery and after the cash payment

  7. Dispatcher returns accepted or refused Delivery Receipts to Crossroad, then Crossroad processes the refused Orders. Dispatcher also returns to Crossroad all cash amounts collected from Recipients for COD orders.

  8. All delivered Orders are marked as “Delivered” and refused Orders are marked as “Refused” in the system by Crossroad’s admin personnel.

 

RETURN AND REFUND POLICY

Terms and conditions outlined below define relationships related to return and refund of shipped goods, coupons, other shipped items and work (collectively "Services") purchased on the web portal www.crossroad.com ("Website") hosted by Crossroad Networks, Inc. (“Crossroad” or “We”). These Terms define relationship between sellers of Services (“Vendors” or “Sellers”) and buyers (“Customers” or “Buyers”) concerning return of purchased Services and refund of money paid for Services. Vendors and Customers of Services can be people and companies registered on the Website (collectively “Users”). Returning orders or any other Services purchased on the Website means that you accept and agree with this Return and Refund Policy, which is inseparable part of the Terms of Use. Vendors may overwrite this Return and Refund Policy with their own set of Return and Refund rules. Customers must read carefully Return and Refund terms offered with each Services before purchasing Services on the Website.

 

CANCELING AND REFUSAL OF ORDERS

  1. Customers may cancel Orders for convenience while these Orders have statuses “New Order” or “Accepted”. Any other status of the Order makes the Order ineligible for cancellation. In case of Customer cancellation no shipment of Services will be made to Customer and the Customer will be refunded following way:

  • If the payment method of the Order is “CASH”, then the Customer will NOT be charged any money and the Order will be cancelled

  • If the payment method of the Order was PayPal, then Customer will be refunded full amount of the Order

  • If the payment method of the Order is one of the online payment methods but PayPal, then the Customer will be charged 3% of the Order amount. These 3% will be used to pay fees to banks and third party online payment organizations settling the online payment of the Order  

  1. Customers may refuse shipped Orders for convenience without opening the shipped package. In that case the Dispatcher will take the Order away. The Order may be non-refundable or partially refundable (see Return Rates below), in which case the Customer should pay the amount according to Return Rates plus shipping charges. In any case, the Customer will be refunded following way:

  • If the payment method of the Order is “COD” (Cash), then the Customer will be asked to pay for the Order amount less return fees according to the Return Rates. This amount includes shipping charges and additional amount for items that are subject to return fees.

  • If the payment method of the Order was PayPal, then Customer will be refunded amount of the Order less shipping charges and return fees according to the Return Rates

  • If the payment method of the Order is one of the online payment methods but PayPal, then the Customer will be refunded the Order amount, less 3% of the Order for banking fees, less shipping charges and return fees according to the Return Rates

  1. Customers can refuse the Order if the package in which the Order was delivered is heavily damaged and there is reasonable doubt that the contents of the package may be damaged during shipment. In that case Customer may refuse the Order without opening the Order packaging. Dispatcher will take the Order away and the Customer has one of the following options:

  • Customer can maintain the Order - this is the default behavior of the system. In that case a new shipment will be made to Customer free of charge with replaced items in a new packaging.

  • Customer can cancel the Order. If the payment method of the Order is “CASH”, then the Customer will not be charged any money. If the payment method of the Order was an online payment, then Customer will be refunded full amount of the Order including shipping charges.

  1. Customers may refuse the Order if the Order was delivered late from the requested date at the fault of Crossroad or Dispatcher. In that case Customer may refuse the Order without opening the Order packaging. Dispatcher will take the Order away and the Customer is refunded the following way:

  • If the payment method of the Order is “CASH”, then the Customer will not be charged any money.

  • If the payment method of the Order was an online payment, then Customer will be refunded full amount of the Order

 

RETURN OF PURCHASED ITEMS

  1. Once the Dispatcher delivers the Order to the Customer, the Order can be returned only under conditions defined by law of the country in which the Order was fulfilled or by Crossroad’s or Vendor’s Return Policy (for example, the product obviously does not match the description available on Website or was received defective, damaged or otherwise in violation of its quality)

  2. There may be items in the Order that are not subject to refund after being received in a proper manner (for instance, food, perishable items, lottery tickets, etc.). The Return Rates provided below define policies and refund amounts for each type Service subject to return and refund.

  3. Services are considered eligible for return if

    1. The Order item is returnable according to the Return Rates defined below

    2. There is documented proof of purchase (cash receipt, Delivery Receipt) that are to be returned along with the Services subject to return,

    3. The original Services packaging is preserved, and the latter is not damaged, torn, etc,

    4. The Order item has not been installed, operated, or otherwise used,

    5. The Order item is properly maintained by the Customer and did not lose its features or quality,

  4. If there is no date set by the Vendor and/or by Crossroad for the items in the Order subject to return, then the return deadline is set to ten (10) calendar days.

  5. For returning the items in the Order the Customer should request a return on the special section of the Website (on the Order page) and specify reasons for return. If needed, the Customer can upload and attach images supporting the return reasons as evidence. Moreover, the Customer has an obligation to return the items in the Order to Vendor, unless otherwise specified by Vendors or Crossroad.

  6. The Customer is obligated to maintain consistently of the rules and guidelines of the Webpage in order to return the items of the Order. Any deviations from this Return Policy may invalidate eligibility for return.

  7. In the case when it is possible to substitute the returned items that were defective or had other inconsistencies with the original Order, the Customer (Recipient) will receive a new shipment with substituted items. This additional shipment will be free of charge to Customer,  unless otherwise specified by the Vendor or the rules of Crossroad.

  8. Fees may be charged under conditions defined by the Vendor to Return Fees of this policy. These fees are used to repackage the returned goods and restore them to marketable conditions for further resale and/or to refund the damages caused to the Vendor to make the items suitable for sale.

  9. Vendors and Customers hereby agree that all matters related to Customers protection are set by Crossroad. Vendors and Customers recognize that Crossroad’s  decision is final, mandatory and is not subject to appeal.

  10. The refund of money paid for the items in the Order can be processed within 10 business days after Crossroad or Vendor receives the returned items. The refund amount will be transferred to the Customer in the manner similar to the way the payment method used for paying the original Order. Refund for Cash payment Orders will be credited to Customers account with Crossroad and Customer will have an opportunity to spend the refund amount towards future purchases on the Website.

  11. Customers and Vendors recognize that Crossroad’s liability is limited to the provisions of  easy and efficient cooperation between Customers and Vendors in accordance with Crossroad’s rules. Customers and Vendors permanently refuse claims against Crossroad for warranty period of purchased items, as such claims must be presented to Vendor or manufacturer that has warranty coverage for said items, as such claims are not directly connected to Crossroad’s functions and can be presented to Vendors of Services.