ShopCross.com Terms of Use

Updated August 15, 2018

General

This website at www.shopcross.com (“ShopCross,” 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 CrossCo.com may be accessed from this Website. CrossCo.com has its own Terms of Use applicable to it. Please view the CrossCo.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. 

Additional Terms and Conditions

Additional Terms and Conditions for products and purchases made through this Website are available on our Terms and Conditions page. Please read these additional Terms and Conditions carefully before making a purchase. The additional Terms and Conditions are incorporated into these Terms by this reference. We may update or change the additional Terms and Conditions from time to time in our discretion. 

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 of Liability

THIS WEBSITE AND ALL PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH SHOPCROSS ARE PROVIDED BY CROSS COMPANY ON AN "AS IS" AND "WHERE IS" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CROSS COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH SHOPCROSS, UNLESS OTHERWISE SPECIFIED IN WRITING. 

TO THE EXTENT YOU’VE INQUIRED ABOUT PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH SHOPCROSS, WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SPECIFIC FUNCTIONS OF THE PRODUCTS AND SERVICES OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS OR ANY SPECIFIC USE. YOU EXPRESSLY AGREE THAT YOUR USE OF SHOPCROSS AND ITS PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, CROSS COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CROSS COMPANY DOES NOT WARRANT THAT SHOPCROSS, PRODUCTS OR OTHER SERVICES MADE AVAILABLE TO YOU THROUGH SHOPCROSS, CROSS COMPANY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CROSS COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AS A RESULT, THE ONLY WARRANTY WHICH MAY BE AVAILABLE TO YOU IS A PRODUCT WARRANTY FROM THE MANUFACTURER TO THE EXTENT SUCH A PRODUCT WARRANTY IS OFFERED BY THE MANUFACTURER OF THE PRODUCT. 

TO THE FULL EXTENT PERMISSIBLE BY LAW, CROSS COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF SHOPCROSS, OR FROM ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH SHOPCROSS, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CROSS COMPANY, IF ANY, FOR ANY CLAIMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE PRODUCTS AND SERVICES.

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, our additional Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Cross Company with respect to our Website www.shopcross.com and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Website.