To the extent that there is any conflict between these Terms and any terms and conditions or agreements relating to services you have purchased or online tools you use (such as account managers) or to which you subscribe, those other terms and conditions or agreements will govern. At any time, Cross Power™ may without notice make changes to these Terms. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes.
Ownership and Use of the Site
All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio and video clips, data compilations and software, is the property of Cross Power, Inc. and/or our partners and licensors, and is protected by United States and international copyright laws.
You may view, copy, or print pages from this site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute, or publish any information from this site without the express permission of Cross Power. Trademarks (including but not limited to Cross Power™ logos) that are used or displayed on the Site are owned by Cross Power, Inc. or by third parties other than Cross Power™ that offer and provide products and services on or through the Site. The trademarks of Cross Power™ may not be copied or used, in whole, partial or modified form, without the prior written permission of Cross Power™. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cross Power™.
Copyright and Notice under the DMCA
Cross Power™ respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Site in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Cross Power Copyright Agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A specific description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Cross Power’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows: info@CrossPowerLife.comSecurity.
Cross Power™ uses reasonable precautions to protect the privacy of your credit card and other ordering information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your credit card and other ordering information, such as your name and address, is encrypted using the SSL connection and is not expected to be read in an intelligible form as it travels to Cross Power order processing system. Cross Power order processing systems are not connected to the Internet and are not accessible to the public. Many Web browsers support the use of an SSL connection, but if your browser does not support the use of an SSL connection or if you prefer not to send your credit card number over the Internet, you can place your
order by calling Cross Power™ at 1-731-412-0585 (US only).
Please protect your username and password. If you access your account from a public computer be sure to log off before closing the browser window.
Accuracy of Information
Cross Power does not warrant that information, graphic depictions, product and service descriptions or other content of the Site is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a price for a product or service offered on the Site may be inaccurate or the product or service description may contain an inaccuracy. In the event Cross Power determines that a product or service contains an inaccurate price or description, Cross Power reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless prohibited by law. Cross Power may make improvements or changes to any of its content,
information products, services, or programs described on the Site at any time without notice.
In order to protect Cross Power and its customers from fraudulent activity, we may implement reasonable procedures regarding any online orders including but not limited to validating information provided or limiting the amount of Product that may be ordered online by a single individual or entity. Cross Power reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.
You agree to purchase the products ordered on the various order screens once you click on the “SUBMIT” or similar button on the product order screens. The terms of the purchase agreement include, without limitation, the information included on the various order screens and the terms of this section. Such purchase agreement is in addition to and not in lieu of the agreement into which you are deemed to have entered with Cross Power by virtue of your use of this site.
Cross Power charges your credit card immediately after it receives your order and performs the credit check. If your credit card is rejected when Cross Power charges it, Cross Power is not obligated to ship any products for your account.
All prices are stated and payable in US dollars. The prices for Product quoted on this Site do not include taxes. Cross Power charges all applicable federal, state, local, and other taxes on all equipment. Shipping charges shall be at then-current rates and will be included in the charges to your credit card purchase. As end user, only items purchased for personal consumption or use and returned within 30 days from date of purchase will be refunded.
Warranty Disclaimer and Limitation of Liability
INFORMATION IN THIS WEB SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. CROSS POWER, INC. MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED. CROSS POWER SHALL NOT BE LIABLE TO ANY PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WITH REGARD TO THE USE OF OR THE INABILITY TO USE THE SITE OR ANY OTHER HYPERLINKED WEB SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR WARRANTIES SET FORTH ABOVE, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THIS SECTION IS FOUND TO BE INVALID ORUNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CROSS POWER UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Termination and Suspension
You agree that Cross Power may immediately terminate or suspend your account and access to all or any part of the Site. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if Cross Power elects instead to suspend your
account, may include any one or more of the following) (a) removal of access to all offerings within the Site, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Site. You agree that all terminations and suspensions for cause shall be made in Cross Power’s sole discretion and that Cross Power shall not be liable to you or any third party for any termination or suspension of your account or access to the Sites.
Any and all disputes relating to these Terms will be resolved by binding arbitration, rather than in court, pursuant to the procedures contained on our Site go to “Terms and Conditions”, except that to the extent that you have violated or threatened to violate our intellectual property rights, Cross Power may seek injunctive or other appropriate relief. You agree that any such legal action or proceeding shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Tennessee, and you hereby submit to the jurisdiction and venue of such courts.
The failure of Cross Power to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be performed in Tennessee. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. Cross Power may assign its rights and
duties under this Agreement to any party at any time without notice to you.
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