This Agreement (the “Agreement”) describes the terms and conditions applicable to the use of this Website (The “Website” or “Site”). The Agreement is between you (the “User” or “Users”) and www.crossxcolor.com including CrossXColor, Inc, (the “Company”). Use of the Company Website confirms your acceptance of the following terms and conditions: (1) Use of the Website signifies that you have carefully read these terms and conditions of use and establishes your unconditional agreement to abide by the terms and conditions of this Agreement. Any User who does not agree to these terms and conditions of use should not access or otherwise use this Website. (2) The Company may gather, process and use information and materials received from you or collected through use of the Website for any lawful reason or purpose.(3) The Company may at its sole discretion, amend this Agreement in whole or in part, at any time by posting a restated Terms of Use Agreement on the Website. The newest Agreement becomes effective immediately upon posting. Use of the Website after the posting of the new Agreement signifies acceptance of the amended terms.(4) The Website is protected under U.S. copyright laws, international conventions and other intellectual property laws. ‘Content’ includes information, text, images, video clips, directories, files, databases and listings available on or through the Website. Users agree that they shall not copy, reproduce, or download any content available on the Website for the purpose of resale or distribution. The Company is the sole owner of all the rights to the Website and its contents. All title, ownership and intellectual property rights in the Website and content remain with The Company. All rights not otherwise claimed under this Agreement or by The Company are hereby reserved.(5) The Company, at its sole discretion, may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database or content. The Company may also impose limits on certain features and services or restrict the access of any User to parts or all of the Website without notice or liability.(6) Each Website user acknowledges that they fully assume all risks when using the Website. Each user hereby agrees to defend, indemnify and hold harmless the Company, and all its officers, directors, agents, employees, information providers, affiliates, licensors and licensees from and against any and all liabilities, claims, penalties, losses, damages, cost and expense (including court costs and reasonable attorney’s fees, interest expense and amounts paid in compromise or settlement), suits or actions arising out of or resulting from any breach by you of this Agreement, including the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim.(7) ACCESS TO THIS WEBSITE IS PROVIDED TO YOU WITHOUT COST OR CONSIDERATION. THE COMPANY DOES NOT ACCEPT ANY LIABILITY WHATSOEVER FOR ANY USE OF THE WEBSITE. THE COMPANY WEBSITE INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE IS PROVIDED ON AN ‘AS IS’ BASIS AND TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON , OR ACCESSED THROUGH, THE WEBSITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEB SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE, OR ANY LINKED SITE. FURTHER, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT ALLOWED BY LAW THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.(8) Some content on the Website may allow Users to gain access to websites operated by third parties. Links to and from the Company Website to other third party websites do not imply any endorsement of those websites. The Company does not control or monitor such sites, and is not responsible for their content. Please read all Terms and Conditions of use prior to using such websites.(9) The Company Website is provided to you for information only. Each User expressly acknowledges and agrees that the information contained on the site is intended to be general in nature and is not intended to provide professional advice. Nor is the information on the Website to be construed as an offer by the Company to sell professional services to any Website User, or any other person or entity. The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.(10) The Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Company’s sole discretion are objectionable or in violation of this Agreement.(11) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually and collectively “Communications”) to the Website, you hereby grant to the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise fully exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with such Communications.(12) No User may make any links whatsoever to the Company Website without prior written permission. The scraping, mining of data from, framing or mirroring of the Company Website by any method is strictly prohibited. Each and every User warrants and covenants that no information or data will be uploaded, transmitted, distributed, or otherwise posted through the Company Website for the following purposes or with the following effects:(a) restrict or inhibit any other user from using and enjoying the Company Website;(b) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent;(c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or governmental regulation;(d) violate, plagiarize, or infringe the rights of third parties including without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;(e) contain a virus or any other harmful or destructive elements;(f) contain any information, software or other material of a commercial nature(g) contain advertising of any kind;(h) constitute or contain false or misleading indications of origin or statements of fact.(13) Each User acknowledges that Communications involving the Website are not confidential and that Communications may be read or intercepted by others. Users acknowledge that by submitting Communications to the Company, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company other than pursuant to this Agreement.(14) This agreement shall be governed and construed in accordance with the laws of the State of Florida, and you hereby agree and consent that the sole and exclusive jurisdiction for any action or proceeding relating to this agreement shall be a court of law of appropriate jurisdiction in the State of Florida.

 

(15) If any provision of this Agreement is held to be invalid or unenforceable in a Court of Law of appropriate jurisdiction, such provision shall be struck and the remaining provisions shall be enforced.(16) The Company’s failure to enforce any right, or failure to act with respect to any breach by a User under these terms and conditions shall not waive that right, nor the right to act with respect to subsequent or similar breaches.(17) The terms and provisions of this Agreement ensure to the benefit of, and are binding upon, you and each of your heirs, executors, personal representatives, successors and permitted assigns, and upon each of the Company’s successors and assigns.(18) This Agreement and none of your rights and/or obligations under this Agreement may not be transferred or assigned without the prior written consent of the Company, which consent may be arbitrarily withheld by the Company in its sole and unfettered discretion.The Company may at any time assign this Agreement, including any of its rights and/or obligations hereunder without your prior consent.(19) This Agreement constitutes the entire agreement between the Company and you with respect to the use of and access to the Company Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all of the terms and conditions of this Agreement. This Company Website Agreement is effective from and after January 1, 2014.

 

Copyright Information: This site includes copyrighted items and information. Unauthorized reproduction or use is strictly prohibited. Permission may be given in certain circumstances. To obtain permission please inquire at: info@crossxcolor.com

 

 

 

 

This Website collects certain information about Users who visit the site. The Company Website sorts this information into certain categories according to privacy level. What we do with the information collected depends upon which category the collected data falls into.The Company makes no attempt to obtain information that personally identifies Users of the Website. The policy of the Company is not to sell, share, or otherwise provide access to information collected from Website Users to any unaffiliated third party.Category I. Information collected from users who visit our site to read or download information on our pages. We collect and store only the following information:1. The domain name through which you gained access to our Website.2. The exact time and date that you entered our Website. 3. The URL of the web page through which you linked to our Website.Category II. Users who send us e-mail containing personal information or include a request for an e-mail response from The Company to a specific person or entity, such as sending additional information, marketing materials, etc. Any information we obtain and data accumulated is collected as a standard business practice, allowing The Company to identify general demographic characteristics of Users who visit our site. This information includes assessing the number and type of Users accessing various sections of our site, helping us determine what site content and business concepts are working most effectively, or are of most interest to our Users. This information also helps with making changes to the site design and other technical modifications that improve site performance. The Company uses such information in statistical form to assist in developing business and marketing strategies.As a security measure for the Company as well as for Users of the Website, we may utilize certain software programs to monitor traffic to our site and within our network. This software enables us to identify unauthorized upload attempts, unauthorized access to our system, and other attempts to cause damage to our system.