Terms of Service

Last revised: July 21, 2026

Welcome to CrossFlip. The CrossFlip-branded and related services are provided by CrossFlip LLC (“CrossFlip”) through the website located at https://crossflip.com, CrossFlip’s web and mobile applications, and any related software, features, integrations, or services (collectively, the “Services”). This Terms of Service Agreement (“Agreement”) is entered into by and between CrossFlip LLC and you (“you” or “User”) and becomes effective when you first access or use the Services or electronically accept this Agreement.

By accessing or using the Services, you agree to this Agreement and CrossFlip’s Privacy Policy, available at https://crossflip.com/privacy. This Agreement and any additional policies or guidelines posted through the Services govern your use of the Services, including use through connected third-party marketplaces or platforms. Please read them carefully.

CrossFlip is an independent software service and is not owned by, operated by, endorsed by, or affiliated with any third-party marketplace unless CrossFlip expressly states otherwise. Marketplace names and trademarks belong to their respective owners.

The terms “we,” “us,” and “our” refer to CrossFlip LLC. The terms “you,” “your,” “User,” and “customer” refer to any individual or entity that accepts this Agreement, accesses an account, or uses the Services. Nothing in this Agreement creates rights or benefits for any third party except as expressly stated.

By accessing the Services or completing registration, you represent that you have read and understood this Agreement, have the legal capacity to enter into it, and agree to be legally bound by it.

You represent and warrant that you are at least eighteen (18) years old, are otherwise legally capable of forming a binding contract under applicable law, and are not prohibited from purchasing or receiving the Services under the laws of the United States or another applicable jurisdiction.

If you accept this Agreement on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity. If you do not have that authority, you may be personally responsible for obligations arising from your use of the Services. CrossFlip may rely on instructions, notices, documents, and communications that reasonably appear genuine and to originate from you or an authorized representative. CrossFlip may request additional authentication when reasonably necessary. You are responsible for transactions and activity conducted through your account by you, your agents, or anyone who obtains access to your account.

MODIFICATION OF AGREEMENT, SITE, OR SERVICES
CrossFlip may modify this Agreement from time to time. Unless a different period is required by law, changes become effective when posted or on the effective date stated in the updated Agreement. CrossFlip will provide reasonable notice of material changes by email, through the Services, or by posting a prominent notice. Your continued use of the Services after the effective date constitutes acceptance of the revised Agreement. If you do not agree to a revision, you must stop using the Services and cancel any affected subscription.

CrossFlip may add, modify, limit, suspend, or discontinue any part of the Site or Services, including features, plans, integrations, usage limits, prices, and fees. Subscription price changes will apply as described in the Fees and Payments section and as required by applicable law.

You are responsible for keeping your account and contact information current. CrossFlip is not responsible for a failure to receive notices caused by inaccurate, outdated, blocked, or inaccessible contact information.

CrossFlip may suspend or terminate your use of the Services for a material violation of this Agreement, nonpayment, fraud, abuse, unlawful activity, security risk, or other grounds described in this Agreement.

YOUR REGISTRATION OBLIGATIONS
To use certain Services, you may be required to create an account and provide registration information. You agree to provide true, accurate, current, and complete information and to maintain and promptly update that information. CrossFlip may suspend or terminate an account when information is materially false, inaccurate, outdated, incomplete, or reasonably suspected to be fraudulent.

You are responsible for maintaining the confidentiality and security of your credentials and devices and for all activity conducted through your account, whether authorized by you or not. You may not sell, transfer, sublicense, or authorize another person to use your account except as expressly permitted by CrossFlip. You agree to notify CrossFlip promptly at support@crossflip.com if you suspect unauthorized access, credential compromise, or another security incident. CrossFlip is not responsible for losses resulting from your failure to secure your account or credentials.

GENERAL RULES OF CONDUCT
You agree that your use of the Services and all content, listings, data, photographs, descriptions, messages, and other materials you submit will comply with this Agreement, applicable marketplace terms, and all applicable local, state, national, and international laws and regulations.

You will not use the Services to:

1. engage in, facilitate, promote, or encourage illegal, fraudulent, deceptive, abusive, or harmful activity;
2. list, advertise, sell, or facilitate the sale of prohibited, counterfeit, stolen, infringing, unsafe, or unlawfully obtained goods;
3. exploit children or create, possess, distribute, promote, or facilitate child sexual abuse material;
4. promote or facilitate terrorism, human trafficking, unlawful violence, or threats against people, animals, or property;
5. send spam, unsolicited bulk communications, deceptive promotions, or malicious messages;
6. infringe or misappropriate another person’s intellectual-property, privacy, publicity, contractual, or other legal rights;
7. collect, scrape, harvest, or use non-public or personally identifiable information about another person without lawful authorization;
8. introduce viruses, worms, Trojan horses, malicious code, corrupted files, or other technology intended to disrupt, damage, surveil, or gain unauthorized access to systems, networks, accounts, or data;
9. bypass, disable, interfere with, reverse engineer, probe, test, or circumvent security, access-control, rate-limit, anti-abuse, or usage-restriction features, except where applicable law expressly permits the activity and prohibits contractual restriction;
10. access the Services through unauthorized automated means, bots, scrapers, or technologies not provided or approved by CrossFlip;
11. copy, reproduce, distribute, resell, sublicense, modify, or commercially exploit the Services or CrossFlip Content except as expressly authorized in writing;
12. impersonate another person or entity, misrepresent your affiliation, use false identity or payment information, or submit false, misleading, deceptive, or unsubstantiated claims;
13. interfere with the operation, reliability, integrity, performance, or availability of the Services or any connected third-party marketplace;
14. use the Services in a way that violates a connected marketplace’s terms, policies, technical restrictions, or authentication requirements; or
15. assist another person in doing any of the foregoing.

You are responsible for maintaining independent copies of your listings, photographs, records, inventory information, and other User Content. CrossFlip does not guarantee that any User Content will be backed up, recoverable, or retained indefinitely.

CrossFlip may deny, limit, suspend, or terminate access to the Services when CrossFlip reasonably believes that an account or activity violates this Agreement, creates legal or security risk, harms CrossFlip, another user, a marketplace, or a third party, or threatens the integrity or availability of the Services.

USER CONTENT
“User Content” means photographs, images, videos, listing titles, descriptions, prices, product details, inventory information, order information, marketplace data, feedback, suggestions, and other content or information submitted, uploaded, imported, generated, transmitted, stored, or made available by you through the Services.

You retain ownership of your User Content. CrossFlip does not acquire ownership of your products, listings, marketplace accounts, or User Content merely because you use the Services.

You represent and warrant that you own or otherwise have all rights, permissions, licenses, and lawful authority necessary to provide the User Content to CrossFlip and to authorize the processing, modification, transmission, publication, and distribution of that content as contemplated by the Services. You are solely responsible for your User Content, your listings, your transactions, and the consequences of publishing or distributing them.

To operate and provide the Services, you grant CrossFlip and its contractors a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, cache, copy, reproduce, process, analyze, modify, adapt, format, create technical or service-related derivative works from, transmit, display, and distribute your User Content solely as reasonably necessary to:

1. provide, maintain, secure, support, and improve the Services;
2. generate or assist with listings, descriptions, categories, prices, tags, and related outputs requested by you;
3. transmit listings and related information to marketplaces or services you connect or select;
4. retrieve, synchronize, manage, update, delist, or otherwise process marketplace, inventory, order, and sales information at your direction;
5. prevent fraud, abuse, security incidents, and violations of this Agreement; and
6. comply with applicable law and enforce CrossFlip’s legal rights.

This license continues for as long as your User Content is stored or processed through the Services and for a commercially reasonable period afterward for backups, security, legal compliance, dispute resolution, and system integrity. CrossFlip will not use User Content designated as private to publicly advertise CrossFlip without your separate permission.

The Services may generate titles, descriptions, categories, prices, tags, recommendations, or other outputs using automated systems or artificial intelligence. These outputs may be inaccurate, incomplete, unsuitable, duplicative, or inconsistent with marketplace requirements. You are responsible for reviewing and approving all generated or modified content before publishing it and for ensuring that each listing accurately describes the item and complies with applicable law and marketplace rules.

Feedback and suggestions are voluntary and are not confidential. You grant CrossFlip a perpetual, irrevocable, worldwide, royalty-free right to use, reproduce, modify, disclose, and otherwise exploit feedback or suggestions about the Services without restriction or compensation, provided that CrossFlip does not publicly identify you as the source without permission.

AVAILABILITY OF WEBSITE/SERVICES
Subject to this Agreement and CrossFlip’s other policies, CrossFlip will use commercially reasonable efforts to make the Services available. The Services may be unavailable, delayed, limited, or interrupted because of maintenance, updates, equipment or software failures, third-party marketplace outages or changes, telecommunications failures, hostile attacks, network congestion, force majeure events, or other circumstances. CrossFlip does not guarantee uninterrupted, error-free, or continuous availability.

Connected marketplaces and third-party providers are outside CrossFlip’s control. Their APIs, authentication methods, permissions, rules, fees, availability, data, and functionality may change or be discontinued at any time. CrossFlip does not guarantee that any particular marketplace integration, listing action, synchronization, delisting action, import, export, or other third-party-dependent feature will always be available or successful.

Free Trials. CrossFlip may offer a free or discounted trial for a period disclosed at enrollment. Eligibility, duration, included features, limits, and conversion terms will be shown at signup or purchase. Unless otherwise disclosed, a trial tied to an automatically renewing subscription converts to a paid subscription at the end of the trial unless cancelled beforehand through the platform or payment method used to subscribe. CrossFlip may modify, withdraw, restrict, or refuse a trial where permitted by law, including when CrossFlip reasonably determines that a user is ineligible or has previously used a trial.

Paid Subscriptions. Paid plans may be offered monthly, annually, or for another disclosed term and may include usage, listing, generation, marketplace, storage, or feature limits. Features and limits may vary by plan and may change as described in this Agreement. You are responsible for reviewing the plan details shown at purchase.

MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
CrossFlip generally does not pre-screen all User Content. CrossFlip nevertheless reserves the right, but does not undertake a general obligation, to review, restrict, refuse, remove, disable, or preserve User Content when CrossFlip reasonably believes that the content violates this Agreement, applicable law, marketplace requirements, or the rights or safety of any person.

CrossFlip may suspend or terminate access to the Services, restrict features, revoke marketplace connections, or remove data when a user materially or repeatedly violates this Agreement, creates fraud, security, legal, operational, or reputational risk, fails to pay amounts due, abuses the Services, or engages in unlawful or inappropriate activity. Where reasonably practical, CrossFlip may provide notice and an opportunity to cure, but CrossFlip may act immediately where necessary to protect users, marketplaces, third parties, CrossFlip, or the Services.

Following suspension, cancellation, or termination, CrossFlip may delete or make inaccessible User Content in accordance with the Privacy Policy, applicable law, operational requirements, and any retention period communicated through the Services. You should export or independently retain information you may need before cancelling your account.

DISCONTINUED SERVICES; END OF LIFE POLICY
CrossFlip may modify, replace, suspend, or discontinue any Service, integration, plan, feature, or marketplace connection at any time. When commercially reasonable, CrossFlip will attempt to provide advance notice of a material discontinuation that substantially affects paid Services. Notice may be provided through the Services, by email, or on CrossFlip’s website.

If a paid Service is permanently discontinued before the end of a prepaid subscription term, CrossFlip may provide a comparable replacement, a prorated credit, a prorated refund, or another remedy required by applicable law. The appropriate remedy, if any, may depend on the circumstances and the platform through which payment was made.

CrossFlip is not liable for modifications, suspensions, or discontinuations caused by third-party marketplaces, API providers, app stores, hosting providers, payment providers, legal requirements, security concerns, or circumstances outside CrossFlip’s reasonable control. You are responsible for exporting and preserving information you need and for maintaining alternative business processes where continued access is important.

TRADEMARK AND/OR COPYRIGHT CLAIMS
CrossFlip respects intellectual-property rights. A person who believes that content available through the Services infringes a valid copyright, trademark, or other intellectual-property right may send a sufficiently detailed notice to legal@crossflip.com. The notice should identify the protected work or right, the allegedly infringing material, its location, the claimant’s contact information, a good-faith statement, and any other information required by applicable law. CrossFlip may request additional information and may remove or restrict content when appropriate.

THIRD PARTY CONTENT, SITES, AND SERVICES
CrossFlip is an independent software provider. CrossFlip is not a marketplace, buyer, seller, broker, auctioneer, payment processor, shipping carrier, insurer, escrow provider, or agent for any user or third-party marketplace. CrossFlip does not own, possess, inspect, authenticate, price, package, ship, or guarantee the goods listed by users.

Marketplace Connections. When you connect a marketplace or third-party account, you authorize CrossFlip and its service providers to access, receive, store, process, synchronize, and transmit account, authentication, listing, inventory, order, and sales information as necessary to provide the features you request. You also authorize CrossFlip to perform actions you initiate or configure, which may include creating, editing, publishing, importing, exporting, synchronizing, ending, or deleting listings and updating inventory or order status.

You represent that you are authorized to connect each account and to instruct CrossFlip to perform actions through it. You are responsible for complying with each marketplace’s terms, seller policies, fees, product restrictions, tax rules, return rules, shipping obligations, and other requirements. A marketplace may restrict, reject, delay, alter, remove, or terminate listings, integrations, permissions, accounts, or transactions at any time.

CrossFlip does not guarantee that:

1. a listing will be accepted, published, categorized, displayed, ranked, synchronized, updated, or removed correctly or on time;
2. marketplace information will be complete, accurate, current, or available;
3. authentication tokens or account connections will remain valid;
4. inventory, order, or sale detection will prevent duplicate sales, overselling, missed orders, or delayed delisting;
5. a marketplace will not charge fees, impose penalties, limit reach, suspend an account, or take other enforcement action; or
6. a particular integration or marketplace feature will continue to be available.

You must independently verify your listings, prices, inventory, orders, sales, shipping obligations, fees, and account status on each marketplace. You remain responsible for fulfilling transactions and resolving buyer, seller, payment, return, shipping, tax, intellectual-property, and marketplace disputes.

The Services may include links to or content from third-party websites, applications, directories, servers, networks, databases, software, products, or services. CrossFlip does not control and is not responsible for third-party content, availability, security, terms, privacy practices, conduct, products, or services. Your dealings with third parties are solely between you and those third parties. To the fullest extent permitted by law, CrossFlip disclaims liability for losses arising from third-party services, marketplace actions, account restrictions, data errors, transactions, or content.

FEES AND PAYMENTS; AUTOMATIC RENEWAL
Fees for CrossFlip plans and Services are displayed at https://crossflip.com, within the Services, or through the applicable app store or payment platform. You agree to pay the fees, taxes, and other charges disclosed at purchase.

Payment Processing. Payments may be processed by Apple, Google, Stripe, PayPal, or another third-party payment provider. Your payment is also subject to that provider’s terms and privacy policy. CrossFlip may not directly receive or store your complete payment-card information.

Automatic Renewal. Unless otherwise clearly stated, paid subscriptions automatically renew for successive periods equal to the then-current subscription term until cancelled. You authorize the applicable payment provider to charge your selected payment method at the then-current price, plus applicable taxes, at each renewal. Renewal prices may differ from introductory, promotional, or prior prices where permitted by law and after any notice required by law.

Cancellation. You may cancel automatic renewal through the account, app store, or payment platform used to purchase the subscription. Cancellation ordinarily takes effect at the end of the current paid period, and you may retain access until then. Deleting the CrossFlip application or disconnecting a marketplace account does not necessarily cancel a subscription.

Failed Payments. If a charge fails, CrossFlip or the applicable payment provider may retry the payment, limit or suspend paid functionality, downgrade the account, or terminate the subscription. You remain responsible for amounts lawfully due.

Price and Plan Changes. CrossFlip may change prices, plan names, included features, usage limits, or fees. Changes generally apply at the next renewal unless a different effective date is disclosed or required by law. CrossFlip may introduce, remove, or modify optional features and usage-based charges.

ADDITIONAL RESERVATION OF RIGHTS
CrossFlip may deny, cancel, terminate, suspend, lock, restrict, or modify access to an account or the Services when reasonably necessary to:

1. correct errors in offering, billing, provisioning, or delivering the Services;
2. protect the integrity, security, stability, availability, or lawful operation of CrossFlip, the Services, users, marketplaces, or third-party systems;
3. prevent, investigate, or respond to fraud, abuse, security incidents, policy violations, or unlawful conduct;
4. comply with laws, regulations, court orders, subpoenas, government requests, marketplace requirements, or dispute-resolution obligations;
5. defend actual or threatened legal claims;
6. prevent civil or criminal liability;
7. address excessive complaints, chargebacks, resource usage, automated activity, or conduct that may harm CrossFlip’s operations or reputation; or
8. protect CrossFlip personnel, contractors, users, or third parties from harassment, threats, abuse, or harm.

CrossFlip may establish and enforce reasonable technical, storage, generation, listing, synchronization, marketplace, or usage limits. CrossFlip may charge additional fees, restrict features, or suspend accounts that exceed applicable plan limits or materially burden the Services.

CrossFlip Content. Except for User Content, the Services and all associated text, software, source code, APIs, models, workflows, interfaces, designs, graphics, photographs, audio, videos, documentation, trademarks, service marks, logos, and other materials (“CrossFlip Content”) are owned by or licensed to CrossFlip and are protected by intellectual-property laws. CrossFlip Content is provided on an “as is” and “as available” basis for your authorized use of the Services. Except as expressly permitted by this Agreement or in writing by CrossFlip, you may not copy, reproduce, modify, distribute, sell, license, publicly display, publicly perform, reverse engineer, or exploit CrossFlip Content. CrossFlip reserves all rights not expressly granted.

REFUND OF CHARGES
Except where required by applicable law or expressly stated at purchase, payments are non-refundable and CrossFlip does not provide credits for partially used subscription periods, unused listings, unused generations, marketplace outages, or a user’s failure to cancel before renewal.

Purchases made through Apple’s App Store, Google Play, or another third-party payment platform are subject to that platform’s billing, cancellation, and refund rules. Refund requests for those purchases generally must be submitted directly to the platform that processed the payment. CrossFlip cannot guarantee that a third-party platform will approve a refund.

CrossFlip may issue a refund, credit, or other adjustment in its discretion or where required by law. Cancelling a subscription prevents future renewals but does not automatically reverse a charge already processed.

LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by CrossFlip. CrossFlip assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, CrossFlip does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release CrossFlip from any and all liability arising from your use of any third-party website. Accordingly, CrossFlip encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, SERVICES, CROSSFILP CONTENT, GENERATED OUTPUTS, MARKETPLACE INTEGRATIONS, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

CROSSFILP AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, CROSSFILP DOES NOT WARRANT THAT:

1. THE SERVICES WILL BE CONTINUOUS, SECURE, TIMELY, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
2. DEFECTS, ERRORS, DATA LOSS, FAILED SYNCHRONIZATION, OR SECURITY ISSUES WILL BE CORRECTED;
3. GENERATED TITLES, DESCRIPTIONS, CATEGORIES, PRICES, TAGS, RECOMMENDATIONS, ANALYTICS, OR OTHER OUTPUTS WILL BE ACCURATE, COMPLETE, LAWFUL, UNIQUE, OR SUITABLE;
4. LISTINGS WILL BE ACCEPTED, PUBLISHED, DISPLAYED, UPDATED, DELISTED, OR SYNCHRONIZED BY A MARKETPLACE;
5. USE OF THE SERVICES WILL RESULT IN SALES, REVENUE, PROFIT, TRAFFIC, RANKING, CUSTOMER ACQUISITION, OR ANY OTHER BUSINESS RESULT;
6. MARKETPLACE, INVENTORY, ORDER, SALES, OR ACCOUNT INFORMATION WILL BE ACCURATE OR CURRENT; OR
7. THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE COMPATIBLE WITH EVERY DEVICE, OPERATING SYSTEM, MARKETPLACE, OR THIRD-PARTY SERVICE.

CROSSFILP DOES NOT PROVIDE LEGAL, TAX, ACCOUNTING, FINANCIAL, AUTHENTICATION, APPRAISAL, OR INVESTMENT ADVICE. INFORMATION PROVIDED THROUGH THE SERVICES OR BY CROSSFILP PERSONNEL DOES NOT CREATE A WARRANTY OR PROFESSIONAL-ADVISER RELATIONSHIP. YOU SHOULD OBTAIN APPROPRIATE PROFESSIONAL ADVICE AND INDEPENDENTLY REVIEW ALL LISTINGS, TRANSACTIONS, OUTPUTS, AND MARKETPLACE REQUIREMENTS.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THESE DISCLAIMERS SURVIVE TERMINATION OF THIS AGREEMENT.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, CROSSFILP AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, OR DATA; COST OF SUBSTITUTE SERVICES; OR BUSINESS INTERRUPTION, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

WITHOUT LIMITING THE FOREGOING, CROSSFILP IS NOT LIABLE FOR LOSS OR DAMAGE ARISING FROM:

1. INACCURATE, INCOMPLETE, DUPLICATE, OR UNSUITABLE GENERATED CONTENT;
2. LISTING ERRORS, CATEGORY ERRORS, PRICING ERRORS, FAILED PUBLICATION, FAILED UPDATES, FAILED DELISTING, DELAYED SYNCHRONIZATION, DUPLICATE SALES, OVERSOLD INVENTORY, MISSED ORDERS, OR MARKETPLACE DATA ERRORS;
3. THIRD-PARTY MARKETPLACE OUTAGES, POLICY CHANGES, FEES, PENALTIES, ACCOUNT LIMITATIONS, SUSPENSIONS, TERMINATIONS, OR ENFORCEMENT;
4. BUYER, SELLER, PAYMENT, SHIPPING, RETURN, REFUND, TAX, PRODUCT, AUTHENTICITY, CONDITION, OR INTELLECTUAL-PROPERTY DISPUTES;
5. UNAUTHORIZED ACCESS TO AN ACCOUNT, DEVICE, CREDENTIAL, TOKEN, SERVER, OR DATA;
6. INTERRUPTION, DELAY, LOSS, CORRUPTION, DISCLOSURE, OR UNAVAILABILITY OF DATA OR SERVICES;
7. MALWARE, VIRUSES, HOSTILE ATTACKS, OR THIRD-PARTY CONDUCT; OR
8. YOUR FAILURE TO REVIEW OUTPUTS, MAINTAIN BACKUPS, VERIFY MARKETPLACE STATUS, SECURE YOUR ACCOUNT, OR COMPLY WITH LAW OR MARKETPLACE RULES.

TO THE FULLEST EXTENT PERMITTED BY LAW, CROSSFILP’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID CROSSFILP FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE LIMITATIONS APPLY REGARDLESS OF THE FORM OR THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE APPLICABLE LAW PROHIBITS LIMITATION.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS. IN THOSE JURISDICTIONS, THESE TERMS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

INDEMNITY
You agree to protect, defend, indemnify and hold harmless CrossFlip and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by CrossFlip directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

COMPLIANCE WITH LOCAL LAWS
CrossFlip makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

GOVERNING LAW
Except to the extent preempted by federal law or otherwise required by applicable law, this Agreement and any dispute arising from it are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions below.

DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDES A WAIVER OF CLASS ACTIONS AND JURY TRIALS. YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE PROCEDURE BELOW WITHIN THIRTY (30) DAYS AFTER FIRST ACCEPTING THIS AGREEMENT.

A. Informal Resolution Required

Before beginning arbitration or filing a lawsuit other than an eligible small-claims action, the party asserting a dispute must send the other party a written notice describing:

1. the name and contact information of the person or entity asserting the dispute;
2. the relevant account information, if any;
3. the facts giving rise to the dispute;
4. the legal or contractual basis of the dispute, if known; and
5. the specific relief requested.

Notices to CrossFlip must be sent by email to legal@crossflip.com and by mail to:

CrossFlip LLC
Attn: Legal
[INSERT CROSSFILP LLC MAILING ADDRESS]

CrossFlip may send a notice to you using the email address, mailing address, or other contact information associated with your account. The parties will attempt in good faith to resolve the dispute for at least sixty (60) days after a complete notice is received. Any applicable limitations period and filing-fee deadline will be tolled during that sixty-day period to the extent permitted by law.

B. Agreement to Arbitrate

Except for the excluded disputes described below, you and CrossFlip agree that any dispute, claim, or controversy arising out of or relating to the Services, this Agreement, the Privacy Policy, a CrossFlip communication, a transaction involving CrossFlip, or the relationship between you and CrossFlip will be resolved by binding individual arbitration rather than in court.

This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and is intended to be interpreted broadly. The arbitrator, rather than a court, will have authority to resolve disputes concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, including whether a claim is subject to arbitration. A court may decide disputes concerning the enforceability of the class-action waiver and requests for public injunctive relief to the extent applicable law requires a court to decide those issues.

ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. AN ARBITRATOR MAY GENERALLY AWARD THE SAME INDIVIDUAL RELIEF THAT A COURT COULD AWARD, SUBJECT TO THIS AGREEMENT AND APPLICABLE LAW.

C. Excluded Disputes

Either party may:

1. bring an eligible individual action in small-claims court;
2. seek temporary or preliminary injunctive relief in court when necessary to prevent imminent misuse, unauthorized access, security harm, or infringement or misappropriation of intellectual-property rights while arbitration is pending; or
3. bring a claim concerning patent infringement, copyright infringement or misuse, trademark infringement or dilution, or trade-secret misappropriation in a court of competent jurisdiction.

Government agencies may enforce applicable laws and seek remedies where authorized, regardless of this arbitration agreement.

D. Arbitration Administrator and Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules or, when applicable, its Commercial Arbitration Rules, as modified by this Agreement. AAA’s rules and filing information are available from AAA.

The arbitration will be conducted by one neutral arbitrator. The arbitration may occur through documents, by telephone, by video conference, or through an in-person hearing, as permitted by the applicable rules and determined by the arbitrator. An in-person hearing will take place at a reasonably convenient location or, where lawful and appropriate, in Hidalgo County, Texas.

If AAA is unavailable or unwilling to administer the arbitration consistent with this Agreement, the parties will attempt to select another nationally recognized arbitration provider. If they cannot agree, a court of competent jurisdiction may appoint an administrator or arbitrator under the Federal Arbitration Act.

E. Arbitration Fees

Payment and allocation of filing, administration, and arbitrator fees will be governed by the applicable AAA rules and applicable law. CrossFlip will pay fees that it is required to pay for this arbitration agreement to be enforceable. Each party will be responsible for its own attorneys’ fees and costs unless the arbitrator awards them under applicable law or determines that a claim or defense was frivolous or brought for an improper purpose.

F. Individual Relief Only; Class-Action Waiver

YOU AND CROSSFILP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION OR ARBITRATION.

Unless all affected parties agree in writing, an arbitrator may not combine the claims of more than one person or preside over any class, collective, consolidated, coordinated, mass, private-attorney-general, or representative proceeding. The arbitrator may award declaratory or injunctive relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim, except where applicable law requires otherwise.

G. Jury-Trial Waiver

To the fullest extent permitted by law, you and CrossFlip waive the right to a jury trial for any dispute between them, including a dispute that is not subject to arbitration.

H. Thirty-Day Arbitration Opt-Out

You may opt out of this arbitration agreement by sending an email to legal@crossflip.com within thirty (30) days after the date you first accept this Agreement. The email must include:

1. your full name;
2. the email address associated with your CrossFlip account;
3. your mailing address;
4. a clear statement that you wish to opt out of the arbitration provision in CrossFlip’s Terms of Service; and
5. your signature, which may be electronic.

An opt-out applies only to the individual or entity identified in the notice and does not affect any other provision of this Agreement. Opting out will not result in the termination of your CrossFlip account.

I. Time Limit to Bring Claims

To the extent permitted by law, a claim subject to this section must be filed in arbitration or small-claims court within one (1) year after the claimant knew or reasonably should have known of the facts giving rise to the claim. A claim not filed within that period is permanently barred. This paragraph does not shorten a limitations period that applicable law does not allow the parties to shorten.

J. Arbitration Award

The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions. The award will be final and binding and may be entered as a judgment in any court with jurisdiction. The arbitrator may award any individual remedy available under applicable law, subject to the limitations and exclusions in this Agreement to the extent enforceable.

K. Changes to Arbitration Terms

If CrossFlip makes a material future change to this arbitration section, other than a change to contact information, CrossFlip will provide notice as required by law. You may reject the material change by following the opt-out instructions included with that notice within the stated period. Rejecting a future change does not revoke an arbitration agreement that you previously accepted; instead, disputes will be governed by the arbitration terms in effect immediately before the rejected change, to the extent enforceable.

L. Severability

If any portion of this arbitration section is found unenforceable, that portion will be severed and the remainder will remain effective, except that if the prohibition on class or representative arbitration is found unenforceable as to a particular claim or requested remedy and that determination becomes final, that claim or remedy will proceed in court and the remaining arbitrable matters will be stayed or arbitrated as permitted by law.

M. Venue for Non-Arbitrable Disputes

Except for eligible small-claims actions and except where applicable law requires another venue, any dispute that is not subject to arbitration must be filed exclusively in a state court of competent jurisdiction located in Hidalgo County, Texas, or in the United States District Court for the Southern District of Texas, McAllen Division. You and CrossFlip consent to the personal jurisdiction of those courts.

SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

U.S. EXPORT LAWS
This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

ENGLISH LANGUAGE CONTROLS
This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.

CONTACT INFORMATION
Questions about this Agreement may be sent to:

CrossFlip LLC
Email: legal@crossflip.com
Mail: [INSERT CROSSFLIP LLC MAILING ADDRESS]

Notices relating to privacy should be sent to privacy@crossflip.com. Customer-support requests should be sent to support@crossflip.com.