Terms

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING CROSSCOMPUTERS, INC. WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT ALL TERMS AND AGREEMENTS BELOW. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

WARRANTY:
Customer understands that Cross Computers, Inc. is not the manufacturer of the Products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Cross Computers, Inc. or its Affiliates. In purchasing the Products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the Products that may be provided by Cross Computers, Inc. or its Affiliates. CROSS COMPUTERS, INC. AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER’S WARRANTY. Customer expressly waives any claim that it may have against Cross Computers, Inc.  or its Affiliates based on any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property rights (each a “Claim”) with respect to any Product and also waives any right to indemnification from Cross Computers, Inc. or its Affiliates against any such Claim made against Customer by a third party. Customer acknowledges that no employee of Cross Computers, Inc. or its Affiliates is authorized to make any representation or warranty on behalf of Cross Computers, Inc. or any of its Affiliates that is not in this Agreement.

Cross Computers, Inc. will warranty all printer cartridges for a period of 30 days from purchase date. The customer will be responsible for shipping/handling costs of returning cartridge to Cross Computers, Inc. (if defective). Simply return your purchase in saleable condition with the original packaging, including Universal Product Code (UPC), manuals, parts, and your receipt or packing slip. If the cartridge is found to be defective, other cartridge will be shipped to the customer at no charge. Cross Computers, Inc. will only accept returns on defective cartridges. After the 30 days, each customer is responsible for returning the cartridge to the original manufacturer and all the costs involved.

SHIPPING POLICY:
Cross Computers, Inc. will ship all in stock products within 24 hours of order being placed and completed. Order must be placed on crosscomputers.com to guarantee shipping within 24 hours. Orders will not be “completed” until order has processed and full payment has been received. If item is not in stock or backordered, customer will be contacted within 24 hours (via email used when placing order) to discuss other product options, new shipment date or cancellation of the order (no charges). Customers can contact anytime at sales@crosscomputers.com or call (859) 912-2767 between 9 – 5 EST Monday to Friday to check order status.

SERVICE AGREEMENT:
All contractual terms and detailed information are specified in the Cross Computers, Inc. Service Agreement. This Agreement will take effect at the time you commence use of the Site. Either party may terminate this Agreement at any time and for any reason by written or electronic notice to the other party. Cross Computers, Inc. reserves the right at any time to deny your access to the Site or any portion thereof and to terminate this Agreement. To the extent that any prior Service Agreement is between Cross Computers, Inc. and the customer, the Service Agreement is deemed to be valid and binding between the customer and Cross Computers, Inc. Each customer can receive a copy of the Cross Computers, Inc. Service Agreement by email/fax/mail, just call (859) 912-2767.

DISCLAIMER:
Cross Computers, Inc. regrets that we cannot be liable for pictorial, pricing, and or typographical errors. Due to unanticipated product demands, some items may be limited to the manufacturer’s availability. Pricing and availability are subject to change without notice. All images are for illustration purposes only and may not be an accurate or exact representation of the product.

PLEASE NOTE THAT STANDARD E-MAIL (SUCH AS USING CONTACT US OR DIRECT E-MAIL) IS NOT ENCRYPTED AND THUS IS NOT A SECURE MEANS FOR TRANSMITTING CREDIT CARD INFORMATION OR ANY PERSONAL INFORMATION YOU WISH TO KEEP PRIVATE AND SECURE.

LIMITATION OF LIABILITY:
IN NO EVENT WILL CROSS COMPUTERS, INC., ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT CROSS COMPUTERS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless, Cross Computers, Inc., its affiliates, parents, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation of this agreement by you. Cross Computers, Inc. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Cross Computers, Inc. in asserting any available defenses.

ACCEPTABLE USES:
All customers may use this site for legitimate shopping purposes only. No person or customer may not harm the site in any way or otherwise use the site in any improper manner, including, but not limited to hacking into the sites systems, spoofing or faking e-mail headers or slowing or stopping the functionality of the site. In the event you register and/or purchase product, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or Cross Computers, Inc. suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, Cross Computers, Inc., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the site.

All customers will create a password and account designation upon completing the registration process. Each customer is responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Cross Computers, Inc. of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Cross Computers, Inc. will not be liable for any loss or damage arising from your failure to comply with this paragraph.

RESTRICTIONS ON USE OF MATERIALS:
This site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned Cross Computers, Inc., its related entities, parents and its licensors or licensees. You may not use, copy, publish, upload, post (to a website or otherwise), transmit, distribute, or modify any contents of this site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.

JURISDICTION AND GOVERNING LAW:
This site is controlled and operated by Cross Computers, Inc. from its offices in the State of Kentucky, United States of America. Although this site can be accessed from other locations, by accessing this site you agree that these terms of use shall be governed by and construed in accordance with the laws of the State of Kentucky, without giving effect to its conflicts of law principles. You also consent to personal jurisdiction in the City and State of Kentucky for any dispute arising hereunder. This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

TERMINATION:
All of these terms of use are material. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

TRADEMARKS:
This Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips, video clips (the “Materials”) is the property of Company and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by the Company and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.crosscomputers.com, or any other web site owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials and other downloadable items displayed on the Site, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company’s copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from the Company. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Company or such third party that may own the trademark or copyright of information displayed on this Site.