TERMS OF SERVICE AGREEMENT

READ THE TERMS OF THE FOLLOWING TERMS OF SERVICE LICENSE AGREEMENT CAREFULLY. INDICATE YOUR ACCEPTANCE OF THESE TERMS BY CLICKING THE "JOIN THE HUB" BUTTON AS PROMPTED DURING THE SUBSCRIPTION PROCESS. IF YOU DO NOT AGREE TO ALL THESE TERMS, DO NOT COMPLETE THE SUBSCRIPTION PROCESS. BY CLICKING THE "JOIN THE HUB" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE AGREEMENT.

SERVICE DESCRIPTION; ACCEPTANCE OF TERMS THROUGH USE

Welcome to CrossCheck Hub. The CrossCheck Hub website (the "Site") is comprised of various web pages operated by CrossCheck Hub ("CrossCheck Hub"). CrossCheck Hub is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of CrossCheck Hub constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

CrossCheck Hub is a Web Application / Software as a Service Site.

USER CONDUCT/ACCEPTABLE USE POLICY

You agree not to use the Service for any unlawful or improper purpose. You shall not allow any other person to access the Service provided to You pursuant to these Terms of Service. You may use the Service on only one computer system at a time. CrossCheck Hub's goal is to provide a high quality service to our Customers. To help ensure our high standards are met, CrossCheck Hub has established certain responsibilities regarding the use of the Service.

No Illegal, Harmful, or Offensive Use or Content

You may not use, encourage, promote, facilitate or instruct others to use, the Services or Crosscheck Hub Site for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities or content include but are not limited to:

Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes pornography.
Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, malware, Trojan horses, worms, time bombs, or cancelbots.

No Security or Network Violations

You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them.Prohibited activities include but are not limited to:

Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
Interception. Monitoring of data or traffic on a System without permission.
Falsification of Origin. Forging TCPIP packet headers, email headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.

No Spam

You will not distribute, publish, send, or facilitate the sending of unsolicited communications or other messages, promotions, advertising, or solicitations, like “spam. You will not alter or obscure or assume a sender’s identity. You will not collect replies to messages sent from another Internet service provider if those messages violate this Policy or the acceptable use policy of that provider. All recipients in an CrossCheck Hub customer or user's contact list must have given provable consent, online or otherwise, to receive email communication and for the specific content being sent to them. You must abide by the following rules:

Email lists that were obtained by any means without consent are not allowed
All email and recipient lists must adhere to the CAN-SPAM laws, as well as to any local spam laws for your location or the location of your recipient lists
Email must abide by the rules outlined in this Policy
No 3rd party unsubscribe methods are allowed

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

CrossCheck Hub has no obligation to monitor the Communication Services. However, CrossCheck Hub reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CrossCheck Hub reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

CrossCheck Hub reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CrossCheck Hub's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CrossCheck Hub does not control or endorse the content, messages or information found in any Communication Service and, therefore, CrossCheck Hub specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CrossCheck Hub spokespersons, and their views do not necessarily reflect those of CrossCheck Hub.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to CrossCheck Hub or Posted on Any CrossCheck Hub Web Page CrossCheck Hub does not claim ownership of the materials you provide to CrossCheck Hub (including feedback and suggestions) or post, upload, input or submit to any CrossCheck Hub Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CrossCheck Hub, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. CrossCheck Hub is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CrossCheck Hub's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

CUSTOMER OBLIGATIONS

Responsibilities. Customer shall (i) access and use the Services in accordance with this Agreement, applicable laws and government regulations and Endeveran’s Acceptable Use Policy incorporated herein by reference, (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify CrossCheck Hub promptly of any such unauthorized access or use.

Customer Data. Customer has and shall maintain all rights as are required to allow CrossCheck Hub to provide the Subscription Services to Customer as set forth in this Agreement, including without limitation to send the Customer Data to CrossCheck Hub pursuant to this Agreement and to allow CrossCheck Hub to access, use, and store Customer Data to provide the Subscription Services pursuant to this Agreement. Customer is responsible for its legal and regulatory compliance in its use of any Subscription Services and shall make CrossCheck Hub aware of any Customer Data processed, stored or transmitted through the Subscription Services for which regulations other than those set forth in the Security Annex apply. If, in the course of providing Subscription Services, CrossCheck Hub agrees in writing to process such Customer Data and Customer has subscribed to any applicable Subscription Services, CrossCheck Hub shall process it only as permitted under this Agreement and in compliance with data protection legislation to which CrossCheck Hub is subject as a service provider.

Restrictions. Customer shall not (a) license, sublicense, sell, resell, rent, lease, transfer, distribute or otherwise similarly exploit the Subscription Services; (b) use or permit others to use any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Subscription Services; (c) copy, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Subscription Services or any part thereof or otherwise attempt to discover any source code or modify the Subscription Services; or (d) disclose any benchmark or performance tests of the Subscription Services.

PROPRIETARY RIGHTS

Subscription Services. Except for the rights expressly granted under this Agreement, CrossCheck Hub and its licensors retain all right, title and interest in and to the Subscription Services and Documentation, including all related intellectual property rights therein. Acquia reserves all rights in and to the Subscription Services and Documentation not expressly granted to Customer under this Agreement. Customer will not delete or in any manner alter the copyright, trademark, and other proprietary notices of CrossCheck Hub.

Customer Data and Customer Applications. As between Customer and CrossCheck Hub, Customer is and will remain the sole and exclusive owner of all right, title and interest to all Customer Data. Customer hereby grants CrossCheck Hub, its Affiliates and applicable Authorized Contractors all necessary rights to host, use, process, store, display and transmit Customer Data and solely as necessary for CrossCheck Hub to provide the Services in accordance with this Agreement. Customer represents that it has, and warrants that it shall maintain, all rights as required to allow CrossCheck Hub to compile, use, store, and retain aggregated Customer Data, including without limitation in combination with other CrossCheck Hub customers’ data, for internal or marketing uses (provided that no such marketing use shall include any information that can identify Customer). Subject to the limited licenses granted herein, CrossCheck Hub acquires no right, title or interest from Customer hereunder in or to Customer Data. Customer reserves all rights in and to the Customer Data that are not expressly granted to CrossCheck Hub pursuant to this Agreement.

Deliverables. Excluding any property that constitutes Outside Property, any Deliverables shall be the sole property of Customer. CrossCheck Hub shall execute and, at Customer’s written request, require its personnel to execute any document that may be necessary or desirable to establish or perfect Customer’s rights to the ownership of such Deliverables. For purposes of this Agreement, “Outside Property” means any export of Customer data in the form of a text document or information that CrossCheck Hub possesses or owns prior to the commencement of Professional Services or which it develops independent of any activities governed by this Agreement, and any derivatives, modifications or enhancements made to any such property. Outside Property shall also include any enhancements, modifications or derivatives made by CrossCheck Hub to the Outside Property while performing services hereunder, and any software, modules, routines or algorithms which are developed by CrossCheck Hub during the term in providing the Professional Services to Customer, provided such software, modules, routines or algorithms have general application to work performed by CrossCheck Hub for its other customers and do not include any content that is specific to Customer or which, directly or indirectly, incorporate or disclose Customer’s Confidential Information.

TRIAL PERIOD

Trial Period. CrossCheck Hub offers a 14-day trial period where applicable. Trial Periods are not offerred on free services. It is the user's responsibility to cancel the trial before the trial period ends. CrossCheck Hub will send notifications to the user to let the user know the trial period is expiring, however, email can be sent to a junk folder or spam. The user should whitelist the emails coming from crosscheckhub.com. When the trial period expires, our payment processing will charge the credit card on file the next morning. If a user cancels a subscription after the trial period end date, and the credit card is charged, all fees paid are non-refundable.

FEES AND PAYMENT

Fees. Customer shall pay all fees specified in each Order any applicable additional fees if Customer exceeds the allotted capacity or other applicable limits specified in the Order. Except as otherwise specified herein or in an Order (i) fees are payable in United States dollars, (ii) fees are based on Services purchased, regardless of usage, (iii) payment obligations are non-cancelable and fees paid are non-refundable, (iv) all Services shall be deemed accepted upon delivery, and (v) the Subscription Services purchased cannot be decreased during the relevant Subscription Term. All amounts payable under this Agreement will be made without setoff or counterclaim, and without any deduction or withholding.

Founder’s Edition. CrossCheck Hub provides tools and services to automate your logbook and save the user time when making logbook entries for each flight that is conducted. As an agreement for user's of the Founder's Edition, any user that subscribes during the Founder's Edition window is entitled to a subscription pricing of 60$ per year for the life of the agreement. Shall the user decide to terminate their subscription, they also will terminate their entitled agreement of 60$ per year for the life of the agreement. All user's outside of the Founder's Edition will not be entitled to this agreement.

REWARD AND LOYALTY POINTS

Reward points do not hold any value unless you are are enrolled in a yearly paid subscription. When you terminate or choose not to renew all points immediately have no value ($0.00) and cannot be redeemed. Any points assigned or earned in CrossCheck Hub can only be used by the person who has initially recived the points. Any points of any kind within CrossCheck Hub such as but not limited to reards, Loyalty, and referral, are non transferrable. CrossCheck Hub has the right at anytime to elimiate and remove all points with no notice, or permission.

TERMINATION/ACCESS RESTRICTION

CrossCheck Hub reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CrossCheck Hub as a result of this agreement or use of the Site. CrossCheck Hub's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CrossCheck Hub's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CrossCheck Hub with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CrossCheck Hub with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CrossCheck Hub with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

INDEMNIFCATION

You agree to indemnify, defend and hold harmless CrossCheck Hub, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CrossCheck Hub reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CrossCheck Hub in asserting any available defenses.

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

CLASS ACTION WAIVER

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and CrossCheck Hub agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

AFFILIATIONS

Any mention of businesses, companies, software application names, logos, or any other branding that may appear on our application we are not affiliated with. This is solely for the enhancement of the user’s experience. We are not responsible for any users replicating information for sharing in any form that may contain aforementioned information.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CROSSCHECK HUB AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

CROSSCHECK HUB AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CROSSCHECK HUB AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CROSSCHECK HUB AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CROSSCHECK HUB OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

CHANGES TO TERMS

CrossCheck Hub reserves the right, in its sole discretion, to change the Terms under which CrossCheck Hub is offered. The most current version of the Terms will supersede all previous versions. CrossCheck Hub encourages you to periodically review the Terms to stay informed of our updates.

CONTACT US

CrossCheck Hub welcomes your questions or comments regarding the Terms:

CrossCheck Data Systems Inc.
16950 Dynamic Drive
Lakeville, Minnesota 55044

Effective as of June 03, 2020