Terms of Use

Last update: June 26th, 2024. 

Terms & Conditions

Welcome to Crosswalk Technologies, Inc., a consumer insights agency. This website located at https://crosswalknyc.com/ (the “Site”) is maintained and operated by Crosswalk Technologies, Inc.. (“Crosswalk”, “we”, “us”).

Please read these Terms of Service (the “Terms”) and our Privacy Policy (https://crosswalknyc.com/privacy-policy/) (“Privacy Policy”) carefully because they govern your use of our Site and provide terms applicable to your personal information obtained by us both independently of and on the Site (the “Crosswalk”). To make these Terms easier to read, the Site, and our data tracking platform services therein are collectively called the “Services.”

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND CROSSWALK THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

  1. Agreement to Terms.

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

  1. Privacy Policy.

Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

Like most interactive websites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

  1. Changes to these Terms or the Services.

We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. The only exception is for changes to the “Dispute Resolution” section, for which you have followed the process in Section 18(g). Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

  1. Supplementary Terms.

Certain services, promotions, software, or content that we offer may be subject to additional terms and conditions or other agreements (“Supplementary Terms”) specified by us from time to time. In the event of a conflict between the Supplementary Terms and any provision in these Terms, the Supplementary Terms will prevail.

  1. Who May Use the Services?

You may only use the Services if you are 18 years or older and capable of forming a binding contract with Crosswalk or have a legal guardian grant consent on your behalf, and not otherwise barred from using the Services under applicable law. For certain features of the Services, you’ll need an account. It’s important that you provide us with accurate, complete, and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use.

You’re responsible for all activities that occur under your account, including, without limitation, all purchase transactions.

If you are underage, please contact your guardians to check the instructions in our Privacy Policy document. 

  1. Crosswalk

  1. General. There are many reasons we track your digital ecosystem usage, browsing activity, and actions and collect your personal data. Our primary purpose is to take your data, combine it with data from like-minded individuals and then find useful patterns in the data that we can sell to our clients for various use cases. In some cases, those reasons are simply to make your browsing experience better and more convenient. But this data can also be used to determine your browsing habits and preferences, price points you like to pay, what size you are, and other personal information that can then be used by brands and advertisers in determining how to best design, produce, market and sell you the right products. This cuts down on wasting time, and money and creating an excess of product that ends up in a landfill.

Here are a few common examples of what our clients pay us to help uncover your tracked data:

    • What digital media you watch and listen to from video sites like YouTube and Netflix to help understand your content preferences. They can then advertise in shows you watch and on streaming platforms you use.

    • Your shopping behavior from online stores like Amazon and Target to understand different items you view and purchase, which helps our clients suggest other products you may want to buy.

    • Your behavior on search engines like Google to understand how you conduct research and the things you search for. This can help our clients include more relevant information on their products so that you don’t have to look for answers elsewhere, but it can also be used for advertising purposes.

Overall we are tracking how you use your digital ecosystem of devices to help brands become smarter, create less waste of products you don’t want, and give you a more seamless online experience.

We may anonymize and aggregate any of the personal information we collect (so that it does not directly identify you). We may use anonymized information for purposes that include research, data analysis, improving our client’s brands, and helping them understand aggregate behavior. Please note that our systems may also record personal information that you type into our websites and other online services even if you do not choose to submit it.

We may and can identify you as an individual. We do not sell your information. Our primary goal is to understand how a group of people behave online and track trends and patterns. 

In order to do that and accomplish our targets and our client’s purposes we may use personal information. We do not sell any identifiable information, though.

Please notice that by adding our platform extension to your browser or mobile device you are giving free consent for the treatment of the data that follows. You can always opt-out, restrict consent, and/or request to not sell your personal information accordingly to the sections below in this document. 

The information we track is both sold raw and analyzed to a wide range of clients in a number of different sectors. Please click HERE to see our purchaser credentialing process to understand how we sell your data and to whom.

In addition to the uses described above, we may collect and use personal information, identifiable or not, for the following purposes:

    • For our business activities, including operating our services and providing our clients with the features and functionality of our service

    • To help our clients make better strategic, design, product, financial, and marketing decisions, such as to better understand how to market to you or offer you information and updates on our products or services we think that you may be interested in.

    • While we may use your personal information in this manner, please note that we do not use user content to serve you ads, and we will never share user content with any third parties for marketing or advertising purposes, unless you have explicitly submitted it to us for that purpose.

    • For analytics and research purposes to enforce our Terms of Service, to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of you, our clients, and other third parties.

    • To comply with contractual legal obligations and requirements and to fulfill any other purpose for which you provide personal information; and for any other lawful purpose.

  • Product Purchasing

    • Ordering and Payment. By placing an Order via the Crosswalk website, you agree: (i) that Crosswalk may, directly or through a third-party payment processor, charge the credit card, debit card, or another payment method you have chosen for your purchase for the total amount of your Order (including any applicable taxes, shipping and handling fees) for verification, pre-authorization and payment purposes; and (ii) to bear any additional charges that your bank or another financial service provider may levy on you.

    • When your order is accepted via the Crosswalk you will be sent an email that will include the details of your Order and an Order number that you should refer to if you have any questions regarding your Order. When you place an Order for a Product offered by Crosswalk, Crosswalk is responsible for honoring and fulfilling any confirmed Order. We reserve the right to not process or reject your Order in certain circumstances, for example, if your payment method is declined, if we suspect the Order is fraudulent, or in other circumstances Crosswalk deems appropriate in its sole discretion.

    • All Products descriptions are subject to change at any time without notice. Any Product may be discontinued at any time. Any offer for any Product made via the Crosswalk platform is void where prohibited.

    • The Services are intended solely for the sale of our Products direct to end consumers, and therefore the purchase of our Products for resale is strictly prohibited. Purchase for resale means the purchase of a Product by someone that resells, or intends to resell, such Product to others (e.g., consumers, businesses, or any third party). If we believe you are involved in a purchase for resale, we reserve the right to take any action against you, including, without limitation, restricting the sales of our Products to you, canceling your orders, and/or suspending or terminating your account.

    • Prices and Taxes. All prices for the Products displayed are in U.S. dollars and are subject to change at any time without notice. The prices displayed do not include shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you at check out before you place an Order and you are responsible for paying such charges and taxes to Crosswalk.

  • Your Content.

    • Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, brand information, and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”.

    • Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Crosswalk a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.

    • Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Crosswalk on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

    • Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

  • Crosswalk’s Intellectual Property.

    • We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.

  • Feedback.

    • We value your feedback on the Services and our products, but please don’t send us suggestions for improvements, creative ideas, designs, pitch portfolios, or other materials (collectively “Unsolicited Ideas”). This policy is aimed at avoiding potential disputes or misunderstandings when our Services or products might seem similar to Unsolicited Ideas that people submit. We may currently be developing, have developed, or in the future will develop ideas or materials internally or receive ideas or materials from other parties that may be similar to Unsolicited Ideas. If you ignore this policy and send us your Unsolicited Ideas anyway, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, make, have made, sell, offer for sale, import and otherwise exploit your Unsolicited Ideas for any purpose, without compensation to you.

  • General Prohibitions and Crosswalk’s Enforcement Rights You agree not to do any of the following:

    • Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

      • Use, display, mirror, extract, scrape, copy, index, or frame the Services (including any content made available by us therein) or any individual element within the Services, Crosswalk’s name, any Crosswalk trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Crosswalk’s express written consent;

      • Access, tamper with, or use non-public areas of the Services, Crosswalk’s computer systems, or the technical delivery systems of Crosswalk’s providers;

      • Attempt to probe, scan or test the vulnerability of any Crosswalk system or network or breach any security or authentication measures;

      • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Crosswalk or any of Crosswalk’s providers or any other third party (including another user) to protect the Services;

      • Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Crosswalk or other generally available third-party web browsers;

      • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or another form of solicitation;

      • Use any meta tags or other hidden text or metadata utilizing a Crosswalk trademark, logo URL, or product name without Crosswalk’s express written consent;

      • Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

      • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;

      • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

      • Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

      • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

      • Impersonate or misrepresent your affiliation with any person or entity;

      • Violate any applicable law or regulation; or

      • Encourage or enable any other individual to do any of the foregoing.

Crosswalk is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. You are solely responsible for your interactions with other users of the Site and Crosswalk bears no responsibility for your interactions with other users of the Site. Further, Crosswalk is not a party to any disputes between you and other users.

  • DMCA/Copyright Policy.

    • Crosswalk respects copyright law and expects its users to do the same. It is Crosswalk’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

    • In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at copyright.gov/legislation/dmca.pdf, Crosswalk will respond expeditiously to claims of copyright infringement committed using the Site that are reported to Crosswalk’s Designated Copyright Agent, identified in the sample notice below. If you are a copyright owner or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to Crosswalk’s Designated Copyright Agent. Upon receipt of the Notice, as described below, Crosswalk will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. You may submit your Notice to us by providing the following written information:

      • Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

      • Identify the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

      • Provide your mailing address, telephone number, and, if available, email address.

      • Include both of the following statements in the body:

      • Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

        • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

        • Provide your full legal name and your electronic or physical signature.

        • Deliver this Notice, with all items completed, to Crosswalk’s Designated Copyright Agent:

        • By Mail: Crosswalk’s Designated DMCA Agent c/o Crosswalk, Crosswalk Technologies, Inc., 31 Hudson Yards, 11th Floor NYC, NY 10001

        • By Email: support@crosswalknyc.com and privacy@crosswalknyc.com (with DMCA Notice in the subject line.)

Please Note: The preceding information is provided exclusively for notifying Crosswalk about claims of copyright infringement committed using the Site. All other inquiries, such as product or service-related questions and requests will not receive a response through this process.

  • Links to Third-Party Sites or Resources.

    • The Services may allow you to access third-party sites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

  • Opting Out.

    • Both as an independent researcher and on behalf of our clients, Crosswalk requests permission to access to your data for market research purposes. Crosswalk has disclosed the following information regarding the collection and usage of your data. More detailed information can be found in our privacy policy.

  • Updates to our Privacy Notice

    • This Privacy Notice may be updated periodically to reflect changes in our privacy practices. We will indicate at the top of the Privacy Notice when it was most recently updated.

  • How to Opt Out

    • If you would like to exercise applicable data protection rights, please contact us by email at privacy@crosswalknyc.com, contact us at + 1 (646) 306-9523, click on this link: OPT-OUT, or write to us at:
      Crosswalk - 31 Hudson Yards, 11th Floor NYC, NY 10001

  • Termination.

    • We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at support@crosswalknyc.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6 (only for payments due and owing to Crosswalk prior to the termination), 7(b), 7(c), 7(e), 8, 13, 14, 15, 16, 17, 18, 19 and 20.

  • Warranty Disclaimers.

    • THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. IN ADDITION, CROSSWALK WILL NOT BE LIABLE FOR ANY SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PAYMENT PROCESSING, ACCEPTANCE, COMPLETION, DELIVERY, OR SETTLEMENT OF ANY TRANSACTIONS. CROSSWALK MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION, CONTENT, ORDER, OR PRODUCT OBTAINED AS A RESULT OF YOUR USE OF THE SERVICES. CROSSWALK EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.

  • Indemnity.

    • You will indemnify and hold Crosswalk and its officers, directors, employees, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, Privacy, Use of PII or (c) your violation of these Terms.

  • Limitation of Liability.

    • TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CROSSWALK NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR ANY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Crosswalk OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    • TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL CROSSWALK TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH ANY THIRD-PARTY SELLERS OR OTHER USERS EXCEED (A) THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO CROSSWALK FOR USE OF THE SERVICES OR FOR ANY PRODUCTS, OR (B) ONE HUNDRED DOLLARS ($1000), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO CROSSWALK, AS APPLICABLE.

    • THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CROSSWALK AND YOU.

  • Governing Law and Forum Choice.

    • These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Crosswalk are not required to arbitrate will be the state and federal courts located in the County of New York, and you and Crosswalk each waive any objection to jurisdiction and venue in such courts.

  • Dispute Resolution.

    • Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Crosswalk agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms and that you and Crosswalk are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

    • Exceptions. As limited exceptions to Section 18(a) above: we both may seek to resolve a Dispute in small claims court if it qualifies, and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

    • Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form of Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.

    • Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying unless the arbitrator finds your dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

    • Injunctive and Declaratory Relief. Except as provided in Section 18(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall stay pending the outcome of the merits of any individual claims in arbitration.

    • Class Action Waiver. YOU AND CROSSWALK 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, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

    • Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Crosswalk changes any of the terms of this Section 18 “Dispute Resolution” after the date you most recently accepted these Terms, you may reject any such change by sending us written notice (including by email to support@crosswalknyc.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Crosswalk’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Crosswalk in accordance with the terms of this Section 18 “Dispute Resolution” as of the date you most recently accepted these Terms.

  • Severability. With the exception of any of the provisions in Section 18(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

  • General Terms.

    • Reservation of Rights. Crosswalk and its licensors exclusively own all rights, titles, and interests in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.

    • Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Crosswalk and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Crosswalk and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Crosswalk’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Crosswalk may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

    • Notices. Any notices or other communications provided by Crosswalk under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

    • Waiver of Rights. Crosswalk’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Crosswalk. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

    • Force Majeure. Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

  • Contact Information.