Last Updated: September 1, 2024

Welcome, and thank you for your interest in Crosby Tech Corporation d/b/a Crosby Technologies. These terms of service (“Terms”) establish the terms and conditions that apply to you when you use the Service (as defined below).

BY USING THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS. THESE TERMS CAN BE CHANGED, MODIFIED, SUPPLEMENTED AND/OR UPDATED BY CROSBY TECH CORPORATION D/B/A CROSBY TECHNOLOGIES (“CROSBY TECH,” “WE,” “OUR” OR “US”) AT ANY TIME; PROVIDED THAT WE WILL ENDEAVOR TO PROVIDE YOU WITH PRIOR NOTICE OF ANY MATERIAL CHANGES. YOUR CONTINUED USE OF THE SERVICE AFTER THE MODIFICATION OF THESE TERMS MEANS THAT YOU ACCEPT ALL SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THESE TERMS EACH TIME YOU ACCESS THE SERVICE IN ORDER TO VIEW ANY CHANGES TO THESE TERMS. THESE TERMS WERE LAST MODIFIED AS OF THE DATE INDICATED ABOVE.

1. Use of the Service.

a. The “Service” is comprised of, collectively, Crosby Tech’s website located at https://buddyband.io (“Site”) and Crosby Tech’s related mobile applications, as each may be updated, relocated or otherwise modified from time to time, including through networks, embeddable widgets, downloadable software and tablet computer applications, and all intellectual property contained therein. The Service provides Crosby Users (as defined below) with access to Crosby Tech’s location-tracking technology that allows Crosby Users to track the location of its Product. For purposes of these Terms, “Product” means a tracking device manufactured by or on behalf of Crosby Tech that is equipped with Crosby Tech’s location-tracking technology and is purchased from an authorized reseller. Any person who accesses and/or uses the Service, whether on his or her own behalf or on behalf of any third party, will be referred to herein as a “Crosby User”; provided that if such person is under the age of 18, his or her parent or legal guardian shall be deemed the “Crosby User.”

b. The Product may not work in all locations at all times. The Product works by using communications networks to connect the Product and by using cellular data and/or GPS (the Global Positioning System Satellite Network) to determine location. The Product will only work in an area that has communications coverage and is subject to communications network and transmission limitations. Information about location will not be available unless the Product is able to receive cellular data or GPS signals. SOME OR ALL OF THE PRODUCT FEATURES, INCLUDING, BUT NOT LIMITED TO, LOCATION AND MOVEMENT DETECTION, MAY NOT BE AVAILABLE, ESPECIALLY IN ENCLOSED OR REMOTE AREAS, AT ALL TIMES.

c. Your access to the Service is personal to you and you cannot share discount codes with, or transfer or gift the Service to third parties, including other Crosby Users. Crosby Tech may not be used for commercial purposes. To use the Site, you must have access to the internet.

d. Subject to the terms and conditions herein, Crosby Tech hereby grants you a limited revocable, non-exclusive, non-transferable license to access and use the Service anywhere in the United States of America and Canada, solely in the manner intended by Crosby Tech. The Service is solely for your personal use and not for resale. Crosby Tech reserves the right at all times and without notice to: (i) restrict, deactivate and/or terminate your access to the Service (or any portion thereof); and (ii) modify or discontinue providing the Service (or any portion thereof); in each case, without providing a refund or return of any amount you have paid for the Service. You agree that Crosby Tech will not be liable to you or any third party for any liabilities, obligations, losses or damages (whether absolute, accrued, conditional or otherwise) or out of pocket expenses and reasonable attorneys’ and other advisors’ fees and expenses (collectively, “Losses”) related to, arising out of or in connection with the restriction, deactivation, termination, modification or discontinuation to or of the Service regardless of the reason for such restriction, deactivation, termination, modification or discontinuation. You acknowledge that your only right with respect to any dissatisfaction with any restriction, deactivation, termination, modification or discontinuation of the Service made by us is to terminate your use of the Service. We reserve all rights in and to the Product and Service not expressly granted to you under these Terms.

e. Crosby Tech’s policy with respect to the collection and use of your personally identifiable information is set out in our Privacy Policy (our “Privacy Policy”). By accepting these Terms, you acknowledge your agreement with Crosby Tech’s Privacy Policy, as it may be modified from time to time.

2. Registration, Accounts, Passwords and Security.

a. Registration Form. In order to access certain functionality of the Service, you must complete the registration process by providing Crosby Tech with accurate, complete and current information, as prompted by the applicable registration form. You agree to grant us a non-exclusive, royalty-free license to use this information for the purpose of providing you with the Service.

b. Accuracy of Information. You acknowledge that in the event you provide any information to Crosby Tech which is untrue, inaccurate, incomplete or not current, Crosby Tech may terminate your access and use of the Service.

c. Eligibility.

i. You represent and warrant that you are at least 18 years of age and that you have not been previously suspended or removed from the Service. You also represent and warrant that, if you intend to use the Product or the Service for or with a person who is under the age of 18, you are the parent or legal guardian of such person. THE PRODUCT AND THE SERVICE ARE NOT FOR (A) PERSONS UNDER THE AGE OF 18 WITHOUT THE SUPERVISION AND LEGAL CONSENT OF SUCH PERSON’S PARENT OR LEGAL GUARDIAN ADULT, OR (B) ANY CROSBY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY CROSBY. IN ACCORDANCE WITH THE PRIVACY POLICY, IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE OR THE PRODUCT AT ANY TIME OR IN ANY MANNER WITHOUT THE CONSENT AND SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN. CROSBY MAY TERMINATE THE SERVICE IN THE EVENT IT IS PROVIDED TO A PERSON UNDER THE AGE OF 18 WHOSE PARENT OR LEGAL GUARDIAN HAS REFUSED TO, OR HAS WITHDRAWN, CONSENT.

ii. If you are using the Service or Product on behalf of an individual, company, entity, or organization (each, an “Organization”), you represent and warrant that (A) you are an authorized representative of such Organization with the authority to bind such Organization to these Terms, (B) you agree that the Organization is bound to these Terms, and (C) the Organization meets the eligibility requirements for the Service and the Product, as set forth in these Terms. Further, you will be responsible for ensuring your Organization complies with these Terms.

d. Credentials. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify Crosby Tech immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at support@buddyband.io. You are responsible for all use of the Service and the Product occurring under your username or account. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. Crosby Tech will not be liable for any Loss that you may incur as a result of someone else using your username, account or password, either with or without your knowledge. You may be held liable for any Losses incurred by Crosby Tech or another party due to someone else using your username, account or password.

3. Your Responsibilities. You may use the Service and the Product solely for lawful purposes, as intended through the provided functionality of the Service and the Product. You may not use the Service or the Product in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Service or the Product. You may not attempt to gain unauthorized access to the Service, accounts of other Crosby Users, or Crosby Tech computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):

a. use, copy, install, transfer or distribute the Service or the Product, except as specifically permitted by these Terms;

b. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Service or the Product or the content thereof;

c. remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Service or the Product or in or on any content or other material obtained through the Service or the Product or the use thereof;

d. create user accounts for the Service by automated means or under false or fraudulent pretenses;

e. use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;

f. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures related to the Service or the Product;

g. reformat, mirror or frame any portion of the web pages that are part of the Service;

h. express or imply that any statements you make are endorsed by us;

i. post or transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or any content or information that includes offensive language (e.g., words that are customarily considered “curse words”), nudity or infringes on our or any third party’s intellectual property or other rights, (ii) any material, non-public information about individuals or organizations without the authorization to do so, (iii) any trade secret of any third party, and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding, in each case, with reference to, in connection with or related to the Service;

j. transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its content;

k. harvest or collect information about other Crosby Users without their prior written consent;

l. undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including its content, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the Service’s or the Product’s authorized features or by law, or otherwise attempt to use or access any portion of the Service or the Product other than as intended by Crosby Tech;

m. access, tamper with or use non-public areas of the Service or the Product, Crosby Tech’s (and its hosting company’s) computer systems and infrastructure or the technical delivery systems of Crosby Tech’s providers;

n. harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Crosby Tech employees and other Crosby Users;

o. create a new account with Crosby Tech, if Crosby Tech previously disabled an account of yours;

p. solicit, or attempt to solicit, personal information or location information from other Crosby Users;

q. restrict, discourage or inhibit any person from using the Service or the Product, disclose personal information about a Crosby User or collect information about a Crosby User;

r. gain unauthorized access to the Service, to other Crosby Users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service or the Product;

s. relating to or in connection with the Service or the Product, violate any applicable federal, state or local laws, regulations or these Terms;

t. use the Service or the Product for any illegal, inappropriate and/or unauthorized conduct, including using the Service in violation of Crosby Tech’s or any third party's intellectual property or other proprietary or legal rights; or

u. use or access the Service or the Product to build a service or product that competes with Crosby Tech.

We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.

4. Consent to Electronic Communications.

a. Consent to Electronic Communications. By using the Service or providing Personal Information (as defined in the Privacy Policy) to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Service or the Product. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you, if we have your email address. To withdraw your consent from receiving electronic notice, please write to us at support@buddyband.io.

b. Push Notifications. When you register with Crosby Tech, Crosby Tech will send you an email in order to verify your account and will push notifications (“Messages”) in order to keep you informed about the Service and the Product (but will only communicate with you through email. By using the Service, you agree to receive Messages regarding your use of the Service and the Product. Messages are for informational purposes only. While Messages are intended to enhance your use of the Service and the Product, you may disable push notifications on your device.

c. If you wish to remove yourself from any list, please email us at support@buddyband.io with "OPT-OUT" or "UNSUBSCRIBE" in the subject line.

d. Depending on your current carrier plan, you may incur charges for these Messages and agree to not hold Crosby Tech liable for any such charges. You acknowledge that any terms between you and any third-party provider (such as, for example, Apple®, Android™ or Verizon) create no obligation or responsibility on the part of Crosby Tech, and that Crosby Tech is not responsible for any failure of warranty by any such third party.

e. Crosby Tech cannot control certain factors relating to delivery of Messages. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a Message to you successfully. We have no liability for transmission delays or failures of Messages.

5. Content Submitted to the Service.

By sending or transmitting to us information, opinions, creative suggestions, ideas, notes, concepts or other materials (collectively, “Materials”), you grant Crosby Tech and its designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed to enhance and develop the Service or the Product, including by marketing and advertising the Service or the Product, without compensation to you; provided that we will never use your name in connection with any of your Materials that we use in our own advertising and marketing materials without obtaining your prior consent. None of the Materials will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any Materials.

6. Subscription.

a. Subscription Fee. We require that you purchase a subscription to use the Service (such purchase, a “Subscription Fee”). You may elect to pay your Subscription Fee on a monthly basis (a “Monthly Subscription”), or on an annual basis (an “Annual Subscription” with either an Annual Subscription or a Monthly Subscription constituting your “Subscription”). The Subscription Fee does not include any applicable taxes. If you choose a Monthly Subscription, we (or our third-party payment processor) will automatically charge you each month on the anniversary of the commencement of your Monthly Subscription, using the payment information you have provided until you cancel your Monthly Subscription. If you choose an Annual Subscription, we (or our third-party payment processor) will automatically charge you annually on the anniversary of the commencement of your Annual Subscription, using the payment information you have provided until you cancel your Annual Subscription. We reserve the right to change our Subscription Fees for Monthly and Annual Subscriptions. We will provide you advance notice of any increase in the Subscription Fees. You may change your Monthly Subscription to an Annual Subscription, or your Annual Subscription to a Monthly Subscription, by visiting our Site. If you change your Monthly Subscription to an Annual Subscription, or your Annual Subscription to a Monthly Subscription, your billing date may also change. If you change from a Monthly Subscription to an Annual Subscription, on your next billing date, you will be charged the then-current Subscription Fee for an Annual Subscription, and your Annual Subscription will automatically renew on an annual basis. If you change from an Annual Subscription to a Monthly Subscription, at the next renewal date for your Annual Subscription, you will be charged the then-current Subscription Fee for a Monthly Subscription, and your Monthly Subscription will automatically renew on a monthly basis.

b. Cancellation. You may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Monthly or Annual Subscription period (except as determined in Crosby Tech’s sole discretion). You may cancel your Subscription by logging into your account on the Site and canceling through the portal provided therein. YOU AGREE THAT YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION AND WILL WAIVE ANY RIGHTS TO SUCH AMOUNT. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current subscription period. If you cancel, your Subscription will continue until the end of your then-current subscription period and will then terminate without further charges.]

7. Term and Termination.

a. Term. The term of these Terms (the “Term”) will commence on the date on which you first access or utilize the Service in any way and will continue so long as you continue to access or utilize the Service; provided that Crosby Tech reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including the suspension or termination of the Crosby User's access and/or account or blocking the Crosby User from access to the Service. Crosby Tech may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong, including the provision of Materials or Personal Information to such authorities. Except as may be expressly limited by the Privacy Policy, Crosby Tech reserves the right at all times to disclose any information as Crosby Tech deems necessary to satisfy any applicable law, regulation, legal process or governmental request, in Crosby Tech’s sole discretion.

b. Effect of Termination. The following Sections of these Terms will survive termination or expiration of the Agreement: 1.a, 1.d, 2.c, 3 - 25. Payments by you, which accrue or are due before termination of your Subscription, will continue to be payable by you, and amounts owed to Crosby Tech at the time of such termination or expiration will continue to be owed by you after such expiration or termination.

8. Ownership.

You acknowledge and agree that: (i) the Service and the Product, including any content, modifications, enhancements and updates thereto, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, “Proprietary Information”), is owned by Crosby Tech and its licensors, as applicable; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of Crosby Tech or its licensors, as applicable; (iii) the Proprietary Information is licensed, rather than sold, to you pursuant to these Terms; and (iv) you have no rights in the Proprietary Information, other than the rights and licenses specifically granted to you pursuant to these Terms.

9. Disclaimer of Warranties Relating to the Service.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE SERVICE MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD PARTY INTERCEPTION AND MODIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CROSBY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF (A) CROSBY, ITS AFFILIATES, SERVICE PROVIDERS, CONTENT PROVIDERS, (B) THEIR RESPECTIVE AFFILIATES, OR (C) THE EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, AGENTS AND/OR CONTRACTORS THEREOF (COLLECTIVELY, THE “CROSBY PARTIES”) WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE SERVICE OR ITS CONTENT. CROSBY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS ARISING FROM THE INACCURACY, INCOMPLETENESS OR TARDINESS OF ITS SERVICE, OR FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE OR THE INTERNET, OR FOR YOUR MISUSE OF ANY OF CONTENT AND INFORMATION ACCESSED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF THE RESPECTIVE CONTENT IS AT YOUR SOLE RISK.

10. Limitation of Liability.

a. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE SOLELY RESPONSIBLE FOR (I) YOUR USE OF THE SERVICE AND THE PRODUCT AND (II) ANY LOSSES INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE FROM, ARE IN CONNECTION WITH OR ARE RELATED TO THE SERVICE OR THE PRODUCT. THE AGGREGATE LIABILITY OF THE CROSBY PARTIES FOR ANY LOSSES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO DIRECT DAMAGES PROVED, AND SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO CROSBY FOR THE SERVICE AND THE PRODUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, NONE OF THE CROSBY PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, EXPECTATION, INCIDENTAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, EVEN IF A CROSBY PARTY OR ITS CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES ARE AWARDED BY A COURT TO A THIRD PARTY.

b. YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SERVICE AND THE PRODUCT AND THE POSSIBLE RISKS INVOLVED IN USING THE SERVICE AND THE PRODUCT. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY LOSSES.

11. Third Party Disputes.

CROSBY IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE. ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE OR THE PRODUCT IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU AUTOMATICALLY AND IRREVOCABLY RELEASE EACH OF THE CROSBY PARTIES FROM ANY AND ALL LOSSES ARISING OUT, RELATING TO OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

12. Force Majeure.

Crosby Tech will not be liable for any delay or failure to perform any obligation herein or to deliver the Service if the delay or failure is due to unforeseen events that are beyond Crosby Tech’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, pandemic, epidemic or governmental action, in so far as such an event prevents or delays Crosby Tech in fulfilling its obligations hereunder or delivering the Service.

13. Indemnification and Release.

a. To the fullest extent permitted by law, you will defend, indemnify and hold harmless the Crosby Tech Parties against any Loss arising from, related to or in connection with any and all: (i) breaches by you of these Terms; (ii) use of the Product, the Service or content thereof not specifically authorized hereunder; and (iii) claims, threats and actions against the Crosby Tech Parties by third parties to whom you allow access to the Service or the Product.

b. To the fullest extent permitted by law, you further irrevocably waive, release and forever discharge each of the Crosby Tech Parties from any and all responsibility or liability for Losses resulting from, arising out of or relating to your use of the Service or the Product or any other service obtained through the use of the Service, including Losses caused by the negligent act or omission of the Crosby Tech Parties or in any way arising out of, related to or in connection with the Service or the Product.

c. We reserve the right, at our own expense, and you agree to allow us, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you as determined by us, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.

14. Additional Service Features.

a. Access to Third Party Services. The Service may contain information on products and services provided by third parties, and links (including advertisements) to third party web sites (the “Third Party Services”). This information and these products, services and links are provided only as a convenience to Crosby Users. Crosby Tech does not review or control this information or these products, services or other web sites, and Crosby Tech does not make any representations or warranties, express or implied, regarding this information or these products, services or web sites. Inclusion of any of the foregoing in the Service does not constitute or imply an endorsement, authorization, sponsorship or affiliation by or with Crosby Tech with respect to any third party or its web site or content, or any information, products or services provided by that third party. Crosby Tech is under no obligation to maintain any link on the Service and may remove a link at any time in its sole discretion for any reason whatsoever.

b. Disclaimer of Liability for Third Party Services. Third Party Services may have their own terms of use and privacy policy, and your use of the Service may incur third party fees, such as fees charged by your carrier for data usage. You are solely responsible for reviewing and complying with any terms of use, privacy policy or other terms governing your use of Third Party Services, and you are solely responsible for all of Third Party Services fees incurred by you for use of the Service. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Services, and to protect your computer systems from viruses, worms, Trojan horses and other harmful or destructive content that may be included on or with any Third Party Services. Crosby Tech disclaims any and all responsibility or liability for any harm resulting from your use of Third Party Services, and you hereby irrevocably waive any claim against Crosby Tech with respect to any Third Party Services.

15. Dispute Resolution.

a. Generally. In the interest of resolving disputes between you and any Crosby Tech Party in the most expedient and cost-effective manner, you and Crosby Tech agree that any dispute arising out of or in any way related to these Terms or your use of the Service or the Product will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Service or the Product, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any arbitration hearing will take place at a location to be agreed upon in New York, New York. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EACH OF THE CROSBY PARTIES ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THESE DISPUTE RESOLUTION TERMS WILL APPLY TO YOU AND CROSBY.

b. Arbitrator. Any arbitration between you and a Crosby Tech Party will be governed by the Federal Arbitration Act, and by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Crosby Tech. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement.

c. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail within the applicable statute of limitations period (“Notice”). Crosby Tech’s address for Notice is: 360 Furman Street, Suite 1218, Brooklyn, New York 11201. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (collectively, the “Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or the Crosby Tech Party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Crosby Tech must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

d. Fees. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Crosby Tech for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

e. No Class Actions. YOU, ON THE ONE HAND, AND EACH CROSBY PARTY, ON THE OTHER HAND, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Crosby Tech agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

16. Governing Law; Choice of Forum.

The laws of the State of New York govern these Terms and your use of the Product and the Service. Your use of the Product and the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.

17. Feedback.

If you provide any feedback to Crosby Tech concerning the functionality and performance of the Product or the Service (including identifying potential errors and improvements), you hereby assign to Crosby Tech all right, title, and interest in and to such feedback, and Crosby Tech is free to use such feedback without payment, attribution or restriction.

18. Entire Agreement; Variation.

These Terms and the Privacy Policy set forth the entire agreement between Crosby Tech and you with respect to the Service and the Product. These Terms and the Privacy Policy supersede and govern all previous oral and written communications regarding these matters, all of which are merged into these Terms. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement or alter these Terms. These Terms may be changed only by a written agreement signed by an authorized agent of the party against whom enforcement is sought.

19. Severability.

If any provision of these Terms is held invalid, illegal or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of these Terms will not be affected thereby.

20. Relationship of Parties.

Nothing herein will be deemed to create an employer-employee relationship between Crosby Tech and you, nor any agency, joint venture or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.

21. Waiver.

No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.

22. Assignment.

Neither these Terms nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of Crosby Tech and any attempt to do so will be null and void. However, Crosby Tech may assign or transfer these Terms at any time without your permission.

23. Third-Party Beneficiaries.

The provisions of these Terms relating to the rights of Crosby Tech content providers are intended for the benefit of such content providers, and such content providers, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with their terms, irrespective of the fact that they are not parties to these Terms.

24. Interpretation.

In this Agreement, unless the context otherwise requires, any reference to “including” or “in particular” shall be illustrative only and without limitation.

APP STORE NOTICE: You acknowledge that these Terms are between you and Crosby Tech only, and not with the Apple App Store, Google Play or any other app store or app distribution platform (an “App Store”). The App Store is not responsible for the Service or the content thereof and has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify the applicable App Store and such App Store will refund the purchase price for the relevant Service to you; and, to the maximum extent permitted by applicable law, each such App Store has no other warranty obligation whatsoever with respect to the Service. The App Store is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The App Store is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. The App Store is a third-party beneficiary of these Terms, and upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Crosby Tech provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.