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Cross N X

Terms and Conditions

Last Updated: April 16, 2023

Welcome to Cross N X. These Terms and Conditions ("Terms") govern your access to and use of our website, products, and services. Please read these Terms carefully before using our website or services.

By accessing or using our website, placing an order, or otherwise using our services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you must not access or use our website or services.

1. Acceptance of Terms

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

2. Changes to Terms

We reserve the right to modify these Terms at any time. All changes are effective immediately when posted and apply to all access to and use of the website thereafter. Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes.

3. User Accounts

When you create an account with us, you must provide accurate, complete, and current information. You are responsible for safeguarding your password and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized access to or use of your username 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.

4. User Conduct

You agree to use our website and services only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:

  • Use the website in any way that violates any applicable federal, state, local, or international law or regulation
  • Use the website to transmit or send unsolicited commercial communications
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website
  • Use any robot, spider, or other automatic device to access the website for any purpose
  • Introduce any viruses, Trojan horses, worms, or other material that is malicious or technologically harmful
  • Impersonate or attempt to impersonate Cross N X, a Cross N X employee, another user, or any other person or entity

5. 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 Cross N X, 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.

These Terms permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your Web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution

6. Product Information and Pricing

We strive to provide accurate product descriptions and pricing information. However, we do not warrant that product descriptions, pricing, or other content on the website is accurate, complete, reliable, current, or error-free. If a product offered by Cross N X is not as described, your sole remedy is to return it in unused condition.

All prices are shown in US dollars and do not include taxes or shipping costs, which are added at checkout. We reserve the right to change prices at any time without notice.

7. Orders and Payments

All orders placed through our website are subject to acceptance by us. We may, at our sole discretion, refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.

Payment must be received prior to the acceptance of an order. We accept various payment methods as indicated on our website. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order (including any applicable taxes and shipping charges).

8. Shipping and Delivery

We will make reasonable efforts to ship products within the estimated timeframes indicated at checkout. However, shipping times are estimates only and are not guaranteed. We are not liable for any delays in shipments.

Risk of loss and title for items purchased from our website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

9. Returns and Refunds

Our return and refund policy is outlined separately on our website. By making a purchase, you agree to be bound by our return and refund policy in effect at the time of purchase.

10. Disclaimer of Warranties

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OUR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CROSS N X SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (C) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO US IN THE PAST SIX MONTHS.

12. Indemnification

You agree to indemnify, defend, and hold harmless Cross N X and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms.

13. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the State of [Your State], without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of [Your State], 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.

14. Waiver and Severability

No waiver by Cross N X of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cross N X to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal 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 will continue in full force and effect.

15. Entire Agreement

These Terms, our Privacy Policy, and any other agreements or policies referenced herein constitute the sole and entire agreement between you and Cross N X regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.

16. Contact Information

Questions or comments about the website or these Terms may be directed to us by emailing us at support@crossnx.com.