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01

Privacy

Last modified: July 2016

Cross Commerce Media, Inc. d/b/a/ Collective[i] (“Company”, “we” or “us”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy (together with our Terms of Use and any other documents referenced therein or herein) describes the personal information that we may collect from you, or that you may provide on or through this website, collectivei.com (our “Website”), and how that information may be used or disclosed by us.

This policy does not apply to information that we may collect through any other means, or to information collected on any other Company, affiliate, or third-party site, or by any third-party application that may link to or be accessible from the Website.

Please read the following carefully to understand our policies and practices regarding your personal information and how we may treat it. By using or accessing our Website, you agree to this privacy policy. This policy may change from time to time and your continued use of the Website is deemed to be acceptance of such changes, so please check the policy periodically for updates.

Persons Under the Age of 18

Our Website is not intended for children under 18 years of age. No one under age 18 may provide any personal information on or through the Website. We do not knowingly collect personal information from anyone under 18. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number or e-mail address. In the event that we learn that we have collected personal information from a person under the age of 18, we will delete that information. If you believe that we might have any information from or about a person under the age of 18, please contact us at legal@collectivei.com.

Information We May Collect About You

We collect several types of information from and about users of our Website, including:

  • Information that you provide to us. This includes information that you may provide by filling out any form on our website, including in connection with subscribing to any service offered on the Website, posting any material on the Website, or requesting further information, products or services. We may also ask you for information when you report a problem with our Website.
  • Information that we may collect as you access or navigate through the Website, including usage details, IP addresses, and cookies and web beacons.
  • Information that we may receive from third parties, for example, our business partners.
  • Records and copies of your correspondence with us (including e-mail addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes, although you do not have to respond to them.

Usage Details, IP Addresses, Cookies, and Other Technologies

  • Usage Details and IP Addresses. As you navigate through the Website, we may also collect details of your visits to our Website, including, but not limited to, traffic data, location data, logs and other communication data, and the resources that you access, as well as information about your computer and internet connection, including your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ equipment, browsing actions and patterns, and does not identify any individual.
  • Cookies. For the same reason, we may obtain information about your general internet usage by using cookies. A cookie is a small file stored on the hard drive of your computer. Use of cookies help us to improve our Website and to deliver a better and more personalized service by enabling us to:
    • Estimate our audience size and usage patterns.
    • Store information about your preferences, allowing us to customize our Website according to your individual interests.
    • Speed up your searches.
    • Recognize you when you return to our Website.

You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

  • Web Beacons. Pages of the Website may contain electronic images known as web beacons (also referred to as single-pixel gifs) that permit the Company to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Web beacons are not used to access your personal information on the Website and are only used to compile aggregated statistics concerning use of the Website.

User Contributions

You are responsible for any content, including personal information, that you may contribute to be published or displayed (hereinafter, “posted”) on the Website, or any portion thereof or page linked therein, or transmit to other users of the Website (collectively, “User Contributions”). Your User Contributions may be posted on and/or transmitted to other users of the Website, or others, at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. You understand and acknowledge that, even after removal, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use and known or suspected violations should be reported to legal@collectivei.com.

Uses Made of the Information

We use information that we collect about you or that you provide to us, including any personal information, in the following ways:

  • To present our Website and its contents in a suitable and effective manner for you and for your computer.
  • To provide you with information about our products or services.
  • To notify you about changes to our products or services.
  • To allow you to participate in any interactive features that we may offer on the Website, when and if you choose to do so.

Disclosure of Your Information

We may disclose personal information that you provide via this Website to the following third parties:

  • Our subsidiaries and affiliates.
  • Contractors and service providers we use to support our business or Website.
  • To a buyer in the event of a merger, divestiture, restructuring, reorganization, dissolution or any other form of sale of some or all of Cross Commerce Media, Inc.’s stock or assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Cross Commerce Media, Inc. about its customers is among the assets transferred.

We may also disclose your personal information to third parties to:

  • Comply with any court order, process or other legal obligation.
  • Enforce or apply our Terms of Use and/or other agreements.
  • Protect the rights, property, or safety of Cross Commerce Media, Inc., our customers, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Cookies. If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of this site may then be inaccessible or not function properly.

You should review this privacy policy carefully, because if you do not agree with our practices, your ultimate choice is not to use or access the Website. Remember, by using or accessing any part of the Website, you accept and agree to our Privacy Policy and Terms of Use. If we update this Privacy Policy, your continued use of the Website (following the posting of the revised Privacy Policy) means that you accept and agree to the terms of the revised Privacy Policy.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to legal@collectivei.com.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:
legal@collectivei.com

02

Legal

Last Modified: July 2016

Welcome to the website of Cross Commerce Media, Inc. d/b/a/ Collective[i] (the “Company”, “we” or “us”). These terms and conditions (together with any documents referenced herein) (collectively, the “Terms of Use”) apply to your access to and use of collectivei.com, including any content, functionality and services available on collectivei.com (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to both the Terms of Use and the Privacy Policy, you must exit the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Your continued use of the Website following the posting of any revised Terms of Use means that you accept and agree to the changes and to the revised Terms of Use.

Accessing the Website and Account Security

By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company.

We reserve the right to withdraw or amend the Website, and any service or material that we may provide on the Website, in our sole discretion, at any time, with or without notice. We are not and will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, for any reason. At any time, we may restrict access to some parts of the Website, or the entire Website, to all users, or to specific users, in our sole discretion, for any reason or for no reason, and shall not have or incur any liability for any such restriction.

You are responsible for making all arrangements necessary for you to have access to the Website.

You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use, and that they understand, agree to and comply with them.

To access or use the Website, or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all of the information that you provide on or through the Website is correct, current and complete. You specifically represent and warrant that any identifying information that you provide on or through the website, including but not limited to your name, your company or entity name, your contact information (including email address), your title, position or affiliation, and your authority to provide such information or request, access or use any resource, information or service, is true and accurate.

If, at any time, in connection with any access to or use of the Website, you are requested to select, or you choose or you are provided with, a user name, password or any other information, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify the Company of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user identification code, user name or password, whether chosen by you or provided by us, at any time, in our sole discretion, for any reason or for no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You are permitted to use the Website for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of the Company. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our site, except to:

  • Store copies of such materials temporarily in RAM.
  • Store files that are automatically cached by your Web browser for display enhancement purposes.
  • Print a reasonable number of pages of the Website for a permitted use.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available on or through the Website.

If you wish to make any use of material on the Website other than as provided in these Terms of Use, please address your request to: legal@collectivei.com.

If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, your right to use or access the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Company Trademarks

The Company name, the terms “Collective[i],” “C[i] Solutions,” “Cross Commerce Media,” the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to or from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to or accessible through the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may or may not, at various times, contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display or transmit to other users (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute or disclose to third parties any such material at any time for any purpose in our sole discretion.

You represent and warrant that you own or control all rights in and to any and all User Contributions, and have the right to grant the Company and its affiliates the license and rights granted above.

You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold harmless the Company and its affiliates and licensors for any breach of that representation and warranty.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right, threatens the personal safety of users of the Website and the public or could create liability for the Company.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order or process requesting or directing us to disclose the identity of anyone posting any materials on or through the Website, or accessing or using the Website in any way.

YOU WAIVE, INDEMNIFY AND HOLD HARMLESS THE COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, COSTS OR DAMAGES RESULTING FROM OR ARISING OUT OF ANY INVESTIGATION OF UNLAWFUL ACTIVITY ON, THROUGH OR INVOLVING YOUR USE OF THE WEBSITE, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF ANY SUCH INVESTIGATIONS, EITHER BY THE COMPANY OR BY ANY CIVIL OR CRIMINAL LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have and assume no liability or responsibility to anyone for or related to the performance or nonperformance of any of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, ethnicity, national origin, disability, sexual identity, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property right of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and/or our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person, entity, company or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any material on the Website violates your copyright, please send a notification setting forth the basis for the violation to legal@collectivei.com.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the Website from time to time, but its content at any given may not necessarily be complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We may change the Website at any time with or without notice. We may suspend access to the Website, or close it indefinitely.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not, in our sole discretion, damage or impugn our reputation, or take advantage of it. Among other things, and without limitation, you may not link to our Website from or on any site that contains offensive or pornographic material, or that promotes any form of discrimination or violence.

Without our prior written permission, you may not establish a link in such a way that suggests any form of association, approval or endorsement on our part.

You must not establish a link from any website that is not owned by you.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of New York in the United States, and relates to products and services offered by the Company from within the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE ARE NOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY ITEMS OBTAINED ON OR THROUGH THE WEBSITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Website, including, without limitation, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

These Terms of Use, and any dispute or claim arising out of or related to them, their subject matter or their formation (in each case, including contractual and non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or of any other jurisdiction).

Any claim, lawsuit, action or proceeding arising out of or related to these Terms of Use, or the Website (“Claims”), shall be instituted exclusively in the federal courts or state courts in the State of New York, in each case located within the City of New York and County of New York. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts, and agree to the exclusive venue of any Claims in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of these Terms of Use, or any portion hereof, by the Company shall be deemed a further or continuing waiver of such term or condition, or of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Cross Commerce Media, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Cross Commerce Media, Inc., 130 Madison Ave., Floor 4, New York, New York, 10016.

All notices of copyright infringement claims should go to legal@collectivei.com.

Thank you for visiting the Website.

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