1. ACCEPTANCE
CrossChoke is a service of SuperChomp, LLC. CrossChoke provides its service ("Service") to you, subject to the following Terms of Service ("TOS"). CrossChoke may amend the TOS at any time by posting an amended TOS on our website.
2. REGISTRATION
You must register in order to create or update event listings. When completing the registration form, you will provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or CrossChoke has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, CrossChoke has the right to suspend or terminate your access to the Service. You are responsible for obtaining access to the Service, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. You will enter a password and login name during the registration process. You are responsible for maintaining the confidentiality of your password and login name, and are responsible for all activities that occur with your password and login name. You will immediately notify CrossChoke of any unauthorized use of your membership or any other breach of security.
3. FEES
CrossChoke is a free service and no fees are required to search or create event listings.
4. PROHIBITED USES
You agree that you will not: impersonate any person, including a CrossChoke employee or agent on the Service; violate any local, state, or national law through or on the Service; harass people through or on the Service; use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; use the Service in any manner other than as expressly authorized in the TOS; reproduce, duplicate, copy, sell, resell for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
5. OWNERSHIP
The license granted in these TOS does not constitute a transfer or sale of CrossChoke's ownership rights. CrossChoke retains all right, title, and interest in and to CrossChoke including all related intellectual property rights. You will use your best efforts to prevent and protect the contents of CrossChoke from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, or your rights and obligations pursuant to the TOS.
6. CHILDREN
CrossChoke's policy is to prohibit children under the age of 13 from purchasing, accessing, registering, or using any of CrossChoke's products and services. You may not register or use the Service if you are under 13 years old. By registering, installing, and accepting these TOS you represent to CrossChoke that you are at least 13 years old.
7. USER OBLIGATIONS
You represent and warrant to CrossChoke: (a) that you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company; (b) you will provide complete and accurate information to CrossChoke.
8. INDEMNITY
You will indemnify and hold CrossChoke, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of the TOS, or your violation of any rights of a third party.
9. MODIFICATIONS TO SERVICE
CrossChoke reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. CrossChoke will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
10. TERMINATION
You have the right to delete your account at any time. You understand and agree that the deletion of your account or a particular component of the Service is your sole right and remedy with respect to any dispute with CrossChoke. This includes, but is not limited to, any dispute related to or arising out of: (a) any term of the TOS or CrossChoke's enforcement or application of the TOS; (b) any policy or practice of CrossChoke, or CrossChoke's enforcement or application of these policies; (c) the data available through the Service; (d) your ability to access and use the Service. CrossChoke, in its sole discretion, may terminate your account and remove and discard any of your data without notice if CrossChoke believes that you have violated or acted inconsistently with the TOS. CrossChoke will not be liable to you for termination of your membership to the Service. Your relationship with CrossChoke will be governed by the TOS after you delete your account.
11. LINKS
The Service may provide links to third party web sites. CrossChoke has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. CrossChoke will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites.
12. DISCLAIMER OF WARRANTIES
Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. CrossChoke expressly disclaims all warranties of any kind, whether expressed or implied , including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement related to the service. Any material or data downloaded or otherwise obtained through the use of the service is done at you own discretion and risk and you will be solely responsible for any damages or loss of data or email that results from your use of the service. No advice or information, whether oral or written, obtained by you from CrossChoke or through or from the service will create any warranty not expressly stated in the terms of service. Some jurisdictions do not allow disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal right and you may also have other legal rights that vary from state to state.
13. LIMITATION OF LIABILITY
CrossChoke will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if CrossChoke has been advised of the possibility of these damages), resulting from your use of the Service. Under no circumstances will CrossChoke's total liability of all kinds arising out of or related to your use of the Service (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the greater of $100. This limitation of liability will apply notwithstanding the failure of essential purpose of any limited remedy in the TOS. Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
14. TRADEMARK
CrossChoke, the CrossChoke logo, and other logos, products and service names are trademarks of SuperChomp, LLC. You must not display or use them in any manner without express written permission.
15. ARBITRATION
Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by CrossChoke to collect fees or recover damages for, or obtain an injunction relating to, CrossChoke's intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Hennepin County, Minnesota, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or CrossChoke may seek any interim or preliminary relief from a court of competent jurisdiction in Hennepin County, Minnesota necessary to protect the rights or property of you or CrossChoke pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
16. GENERAL INFORMATION
CrossChoke may provide notices to you pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement between you and CrossChoke and governs your use of the Service, superseding any prior agreements between you and CrossChoke. You also may be subject to additional terms and conditions that may apply when you use other CrossChoke products or services. The TOS and the relationship between you and CrossChoke will be governed by the laws of the State of Minnesota, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Hennepin County, Minnesota. The failure of CrossChoke to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after the claim or cause of action arose or be forever barred.