CrossCo.com Terms of Use

Updated August 14, 2018

General

This website at www.crossco.com (the “Website” or this or our “Website”) is owned and operated by Cross Company (“us” or “we”). The following terms of use (“Terms”) govern your use of our Website on any platform and in any format. 

Please read these Terms carefully. By using our Website, you acknowledge that you have read and accept these Terms. If you do not agree to be bound by these Terms, do not access or use this Website. We have the right, at our sole discretion, to enhance, change or discontinue all or part of this Website any time. We may update or change these Terms from time to time. If we do so, we will publish an announcement on the Website. 

Our affiliated website ShopCross.com may be accessed from this Website. ShopCross.com has its own Terms of Use applicable to it. Please view the ShopCross.com Terms of Use for additional information.

No Children Under 13 

You must be at least 13 years old to use this Website. This Website is not directed at or intended for use by children under 13 years old. If you are under the age of 13, do not use or provide any data through this Website.

Users Outside the United States

This Website is not directed at or intended for users outside the U.S. Please be advised that if you are located in the European Union or another region with laws related to data collection and use that may differ from U.S. law, your personal data submitted through this Website and transferred to the U.S. may not have the same legal data protection as in your jurisdiction. 

Consent to Receive Communications

If you register to receive newsletters, emails, or any other communications from us, you consent to receive such communications. You may opt out of these communications at any time using the prompts contained at the bottom of the communications.

Functionality and Prohibited Uses of this Website

Functionality

We may limit the amount of storage space, activity, bandwidth, or any other resources available on this Website in our discretion. Periodically, this Website may become unavailable due to required maintenance or other reasons. We assume no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, theft, destruction, or unauthorized access to, or alteration of, any content or information that you submit on, to, or through the Website. 

Prohibited Uses

By using our Website you agree to the following:

  • You will not use this Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • You will not manipulate this Website by any means, including but not limited to the use of bots, botnets, automated scripts, or other automated or electronic means. You will not plant viruses or disturb our system through any Trojan horse, spyware, adware, malware, bot, time bomb, logic bomb, worm, or other harmful or malicious component, which might overburden, impair or disrupt this Website or any Website user’s use, access or experience. 
  • You will not interfere with, tamper with, or damage this Website in any way whatsoever, including but not limited to by trespass, burdening network capacity or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
  • You will not circumvent, disable or otherwise interfere with security-related features of the Website or any features that prevent or restrict use or copying of any content or enforce limitations on use of this Website. 
  • You will use this Website only for private, non-commercial purposes.

Content of this Website

Cross Company Proprietary Content 

All content used on and in this Website and the functionality of this Website, including without limitation the text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features, and the like, and the trade secrets, trademarks, trade names, service marks, copyrights, and logos contained therein (collectively, “Cross Content”), are owned by, licensed to or used with permission by Cross Company and are proprietary and protected by applicable intellectual property law. No express or implied rights are conferred on you to use Cross Content. Except as explicitly permitted by these Terms or the functionality of this Website, Cross Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works, or otherwise exploited for any other purposes whatsoever without our prior written consent. We may change any Cross Content without notice.

We Do Not Control Third-Party Content 

This Website may contain content, resources, and services from third parties. We may provide links, data, or information related to third parties and their materials. We have no control over these third parties, and, as such, we do not endorse and are not responsible or liable for any such third-party material, or its accuracy or quality. You assume full responsibility when you choose to access third-party content or follow any links that lead you to third-party websites. You should review the terms of use and privacy policies of these third-party websites.

Termination

If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, we may, in our sole discretion, without notice to you, terminate, suspend, disable, or prohibit your access to the Website. If your access has been terminated, we may, but we are not obligated to unless required by law, irretrievably delete any and all content we have stored pertaining to your activity on our Website. 

You may terminate this agreement at any time by simply discontinuing access to and use of the Website. 

Disclaimer of Warranties; Limitation on Liability

THIS WEBSITE AND ALL OF THE SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT). IN NO EVENT WILL CROSS COMPANY, ITS SUBSIDIARIES OR AFFILIATES OR ITS SERVICE PROVIDERS 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 SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION 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 LIMITATION DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Legal Disputes

Choice of Law and Jurisdiction

All matters relating to our Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or our Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Class Action Waiver

WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Indemnification

You agree to indemnify, defend, and hold harmless Cross Company, its subsidiaries, and affiliates and each of their directors, officers, shareholders, members, employees, representatives, successors, agents, partners, clients, service providers and contractors from and against any loss, liability, claim, demand, damage, cost, and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Website, your violation of these Terms, or your violation of any rights of another user of the Website. Cross Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

No Obligation to Participate in Disputes Between Users or Third Parties

If there is a dispute between users of the Website, or between a user and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Cross Company, its subsidiaries, and affiliates and each of their officers, employees, shareholders, members, agents, representatives, and successors from any and all claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.

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. 

Miscellaneous

Failure by Cross Company to enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cross Company without restriction. If any provision of these Terms, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms nevertheless remain in full force and effect. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Cross Company with respect to our Website www.crossco.com and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Website.