Welcome to the Krossen website, operated by Krossen Limited (“Krossen”) and located at www.krossen.com. The following terms and conditions (“Terms”) govern your use of the Site.
By accessing, viewing, or using the content, material, products, or
services available on or through the Site, you certify that you have
read, understand, and agree to be legally bound by these Terms, as well
as our Privacy Policy, each of which is incorporated by reference as if
fully set forth herein. You further certify that you are 13 years of age
or older and that you have all the necessary rights, power and
authority to enter into this Agreement and perform the obligations set
forth under this Agreement. You understand and agree that your use of
the Site or any content, material, products or services made available
on or through the Site (collectively, the “Services”) signifies that you
fully accept and agree to these Terms of Use.
1. Registration
In order to access certain content, material, products or services on
the Site, you may be asked to register and create an account. As part
of the registration process, you may be asked to click to agree to these
Terms, and may then be asked to select or submit a user name and
password. You may also be required to provide us with certain
information about yourself including some types of personally
identifiable information, including your legal name, phone number,
address, email address, gender, and age. You are responsible for
ensuring that your password and account login are kept secret, safe, and
secure at all times. Krossen will not be held responsible or liable for
any misuse of your account in the event that a third party has access
to and uses your password and account login in any way.
When placing an order through the Site, you will be required to
provide other personal information, such as shipping address, billing
address, and payment details. Additional information may be collected by
Krossen or its third party providers at this time for security and
anti-fraud purposes. You represent that the personal information you
provide to us via the Site is true, valid, complete and up-to-date in
all respects, and you confirm that you are the person referred to in the
shipping (unless the item is a gift) and billing information provided.
Should any of the information you provide on the Site change, please
login to your account and update such information directly on the Site.
Any personal information that you provide to us via the Site is subject to our Privacy Policy.
2. Purchases
Some products or services made available through the Site may be
available for purchase. By purchasing products or services made
available through the Site, you represent that you have reached the age
of majority (which in most states is 18 years old) and have the legal
capacity to enter into a contract. If you are under the age of majority
or cannot lawfully enter into a contract, you must have your parent or
guardian review these Terms and the Privacy Policy, and register or
place an order on your behalf. Krossen may use a third party payment
processor to process credit card transactions made through the Site. You
are also responsible for paying any governmental taxes imposed in
connection with use of the Site or the purchase or any products or
services made available through the Site, including sales, use, and
excise taxes (excluding only taxes on Krossen’s net income). To the
extent that Krossen is obligated to collect such taxes, the applicable
tax will be added to your billing account. All sales are subject to our
shipping and return policies, which shall be made available to you on
the Site or other delivered to you with your purchased goods. All
refunds are in Krossen’s sole discretion.
3. General Restrictions on Use
You agree to use the Site and the Services only for purposes that are
permitted by these Terms of Use and in compliance with all applicable
laws, regulations, and generally accepted practices or guidelines in the
relevant jurisdictions. You may only use the Site and Services for your
non-commercial, non-exclusive, non-assignable, non-transferable and
limited personal use, and for no other purposes.
You will not (and will not attempt to):
Access any of the Services by any means other than through the interface that is provided by Krossen;
Gain unauthorized access to Krossen’s computer system or engage in
any activity that interferes with the performance of, or impairs the
functionality or security of the Site, the Services, Krossen’s networks
and computer systems;
Access any of the Site or the Services through any automated means or
with any automated features or devices (including use of scripts or web
crawlers);
Access or collect any personally identifiable information, including
any names, email addresses or other such information for any purpose,
including, without limitation, commercial purposes;
Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
Reproduce, duplicate, copy, sell, trade or resell any products or
services bearing any trademark, service mark, trade name, logo or
service mark owned by Krossen in a way that is likely or intended to
cause confusion about the owner or authorized user of such marks, names
or logos.
4. Content
As between you and Krossen, Krossen owns or licenses all information
and materials, including logos, designs, titles, phrases, product names,
images, illustrations, icons, photographs, and the copyrights,
trademarks, service marks, trade dress, and other intellectual property
rights associated therewith, in or made available through the Site
(“Site Content”), as well as the selection, coordination, arrangement,
and organization and enhancement of the Site Content. All Site Content
is protected pursuant to copyright, trademark, patent, and other
applicable laws. You agree not to remove or alter any copyright notice
or any other proprietary notice on any Site Content. As between you and
Krossen, all names, trademarks, symbols, slogans, or logos appearing on
the Site are proprietary to Krossen or its affiliates, licensors, or
suppliers. Use or misuse of these trademarks is expressly prohibited and
may violate federal and state trademark law. Under no circumstances
will you have any rights of any kind in or to the Site Content, other
than the right to use the Site Content in accordance with these Terms.
Certain features of the Site may allow you to contribute feedback and
other information to the Site for access, use, viewing, and commentary
by other users of the Site (collectively, “Comments”). By posting
Comments, you represent that you have the full legal right to provide
the Comments and that use of the Comments by Krossen on the Site, and
all other persons and entities, will not: (a) infringe any intellectual
property rights of any person or entity or any rights of publicity,
personality, or privacy of any person or entity, including as a result
of your failure to obtain consent to post personally identifying or
otherwise private information about a person; (b) violate any law,
statute, ordinance, regulation, or agreement; or (c) constitute
disclosure of any confidential information owned by any third party.
Upon your submission of Comments or other material or information to
Krossen, you grant Krossen a worldwide, perpetual, irrevocable,
transferable, license to access, use, distribute, reproduce, display,
modify, create derivative works based upon, and sublicense the Comments,
all without any compensation to you whatsoever. For avoidance of doubt,
Krossen shall be under no obligation: (1) to maintain any Comments in
confidence; (2) to compensate you in any way for your Comments; or (3)
to respond to any Comments.
5. Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Site that contains
typographical errors, inaccuracies, or omissions that may relate to
product descriptions, pricing, promotions, offers, and availability. We
reserve the right to correct any errors, inaccuracies or omissions and
to change or update information or cancel orders if any information on
the Site is inaccurate at any time without prior notice (including after
you have submitted your order). We cannot and do not review all
communications, products, or services made available on or through the
Site, but, although not obligated to, may review, verify, make changes
to or remove any Comments, Site Content, or the Site, including
information submitted in connection with the Site Content or other
features at any time, with or without notice in our sole discretion.
6. Disclaimers and Warranties
Krossen reserves the right to change the assortment of items offered
and to limit the quantity of items that may be purchased from time to
time and at any time, without prior notice. We also reserve the right to
alter the terms or duration of any special offers or sale promotion.
Krossen is not liable in case of stock outage or unavailability of
products. We have made every effort to display as accurately as possible
the colors of our products that appear at the Site, but we cannot
guarantee that your computer monitor’s display of any color will be
accurate.
Krossen expressly disclaims, to the fullest extent permitted by law,
any express or implied warranties: (i) that the Site, Services, Site
Content, goods, advice, information or links provided on the Site will
meet your requirements; (ii) that the Services will be uninterrupted,
timely, secure or free from error; (iii) that defects in the operation
or functionality of any software provided to you as part of the Services
will be corrected; (iv) regarding the Site Content, goods, services,
advice, information or links provided by any third parties or users; (v)
that the Site, Site Content, goods, services, advice, or information
displayed on the Site will meet your requirements; and (vi) that the
Site will be error-free or that any errors will be corrected. No advice
or information, whether oral or written, obtained by you from the Site
shall create any warranty not expressly stated in these Terms.
You understand that the technical processing and transmission of any
Site Content and Comments may be transferred unencrypted and involve
transmissions over various networks and changes to conform and adapt to
technical requirements of connecting networks or devices. Please be
advised that we do not guarantee that any information sent to or from
our Site will be secure during transmission, nor can we guarantee the
confidentiality of any communication or material transmitted to us via
the Site or the Internet, including, for example, personal information
such as your name or address. Krossen assumes no responsibility for: (a)
any error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, any communication; and (b) any
problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment,
software, failure of any email or players due to technical problems or
traffic congestion on the Internet or on any of the Site, including any
injury or damage to you or to any person’s computer related to or
resulting from use of the Services or the Site.
No conditions, warranties or other terms (including any implied terms
as to satisfactory quality, fitness for purpose or conformance with
description) apply to the Site, Site Content and/or Services except to
the extent that they are expressly set out in these Terms.
7. Limitation of Liability
IN NO EVENT WILL KROSSEN BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND
DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL KROSSEN’S
LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS
THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS
FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL
LIABILITY OF KROSSEN AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS
($10).
Without limiting the foregoing, you understand and acknowledge that Krossen shall not be liable to you for:
Any indirect, incidental, consequential, punitive or exemplary losses
which may be incurred by you arising out of your use of, or inability
to use, the Site or the Services, including any loss of profit (whether
incurred directly or indirectly), any loss of goodwill or business
reputation, or any loss of data suffered by you; or
Any loss or damage which may be incurred by you as a result of: (i)
any reliance placed by you on the completeness, accuracy or existence of
any advertising, or as a result of any relationship or transaction
between you and any advertiser or sponsor whose advertising appears on
the Site or the Services; (ii) any changes that Krossen may make to the
Site or Services, or for any permanent or temporary cessation in the
provision of the Services (or any features within the Services); (iii)
the deletion of, corruption of, unauthorized access to, or failure to
store, any content and other communications data maintained or
transmitted by or through your use of the Site or the Services; (iv) the
use of any products or services obtained on or through the Site; or (v)
any other matter relating to the Site, the Services, the Site Content,
or the Comments.
The limitations on Krossen’s liability to you in this Section 7 shall
apply whether or not Krossen has been advised of or should have been
aware of the possibility of any such losses arising.
IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, OR
THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITE AND SERVICES.
8. Indemnity
You agree to defend, indemnify and hold harmless Krossen, its
officers, directors, members, employees, agents, affiliates, licensors
and suppliers, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney’s fees) arising from: (i) your use of and
access to the Site and Services; (ii) your violation of any of these
Terms, including the Privacy Policy; (iii) your violation of any third
party rights, including without limitation any copyright, intellectual
property, or privacy rights; or (vi) the use by any other persons
accessing this Site using your Internet account or account login. This
defense and indemnification obligation will survive these Terms and your
use of the Site and Services. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you hereunder, and you shall cooperate in
all reasonable respects in such defense. You may not settle any claim
contemplated in this Section 8 without the prior written consent of
Krossen.
9. Links To Other Sites
The Site may contain links or references to other websites outside of
our control. Links to other websites may use our Site logo or style as a
result of a co-branding agreement. These websites may send cookies to
you and may collect personally identifiable information about you and
make use of that data in ways that this Site would not. Please be aware
that Krossen has no control over these websites and that these Terms of
Use do not apply to any third party sites. Krossen cannot be held
responsible for those sites or external sources, or for any damage or
losses deriving from the use of the content, or goods and services
available on those sites or external sources. Krossen encourages you to
read the privacy policies and terms of use linked or referenced in the
websites you enter.
10. Complaint Procedures
If you believe that any content or postings on this Site violates
your intellectual property or other rights, please notify Krossen by
email at admin@Krossen.com with a comprehensive detailed message setting
forth the following information: (a) your name and the name of your
company, if any; (b) your contact information, including your email
address; (c) the nature and substance of your complaint, the specific
rights at issue, and your basis for making the complaint, including the
content or posting that is objectionable; and (d) the following
statement: “The statements, representations, and assertions made in this
message are true, complete, and accurate and I have the full legal
authority to make each and every such statement, representation, and
assertion and to make and be granted any demand made in this message.”
11. Dispute Resolution
Any dispute arising out of these Terms shall be resolved exclusively
through final and binding arbitration conducted by the American
Arbitration Association (the “AAA”). Arbitration uses a neutral
arbitrator instead of a judge or jury, and court review of an
arbitration award is very limited. However, an arbitrator can award the
same damages and relief on an individual basis that a court can award to
an individual; and an arbitrator must also follow the terms of these
Terms, as a court would. All issues are for the arbitrator to decide,
except that issues relating to arbitrability and the scope or
enforceability of this agreement to arbitrate shall be for a court of
competent jurisdiction to decide. Arbitration shall take place in San
Francisco, California, unless Krossen elects otherwise.
The arbitrator will decide the substance of all claims in accordance
with the laws of the State of California. The arbitrator shall not be
bound by rulings in prior arbitrations involving different Krossen
users, but is bound by rulings in prior arbitrations involving the same
Krossen user to the extent required by applicable law. The arbitrator’s
award shall be final and binding, and judgment on the award rendered by
the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration, and arbitrator fees will be
governed by the AAA’s rules, unless otherwise stated in this Agreement
to Arbitrate. If the value of the relief sought is $10,000 or less, at
your request, Krossen will pay all filing, administration, and
arbitrator fees associated with the arbitration. Any request for payment
of fees by Krossen should be submitted by mail to the AAA along with
your demand for arbitration and Krossen will make arrangements to pay
all necessary fees directly to the AAA. If the value of the relief
sought is more than $10,000 and you are able to demonstrate that the
costs of accessing arbitration will be prohibitive as compared to the
costs of accessing a court for purposes of pursuing litigation on an
individual basis, Krossen will pay as much of the filing,
administration, and arbitrator fees as the arbitrator deems necessary to
prevent the costs of accessing arbitration from being prohibitive. In
the event the arbitrator determines the claim(s) you assert in the
arbitration to be frivolous, you agree to reimburse Krossen for all fees
associated with the arbitration paid by Krossen on your behalf that you
otherwise would be obligated to pay under the AAA’s rules. If an
arbitrator or court decides that any part of this agreement to arbitrate
is invalid or unenforceable, the other parts of this agreement to
arbitrate shall still apply.
You can choose to reject this agreement to arbitrate by mailing us a
written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be
postmarked no later than thirty days after the date you accept these
Terms for the first time. You must complete the Opt-Out Notice form by
providing the information called for in the form, including your name,
address (including street number and address, city, state, and zip
code), phone number, and the email address used to log in to the Krossen
account to which the opt-out applies. You must sign the Opt-Out Notice
for it to be effective. This procedure is the only way you can opt out
of the agreement to arbitrate. If you opt out of the agreement to
arbitrate, all other parts of these Terms will continue to apply. Opting
out of this agreement to arbitrate has no effect on any previous,
other, or future arbitration agreements that you may have with us.
12. Miscellaneous
These Terms, including the Privacy Policy, constitute the whole legal
agreement between you and Krossen and govern your use of the Site,
Services and any transactions you may have with Krossen through the Site
and completely replaces and supersedes any prior agreements or
understanding, arrangements, undertaking or proposal, written or oral,
between you and Krossen in relation to such matters. In the event any
other rule, code of conduct, or other matter posted on the Site
conflicts with the terms of these Terms, these Terms of Use shall
govern. No oral explanation or oral information given by any party shall
alter the interpretation of these Terms. Notwithstanding the foregoing,
you understand that Krossen may make changes to these Terms from time
to time. Your continued use of the Site following the posting of changes
to these Terms of Use will be considered your consent to those changes.
When these changes are made, Krossen will make a new copy of the Terms
of Use available on the Site. You agree that Krossen is under no
obligation to provide you with notices regarding changes to the Terms of
Use. You understand that it is your responsibility to check the Terms
regularly for changes.
You agree that if Krossen does not exercise or enforce any legal
right or remedy which is contained in these Terms of Use (or which
Krossen has the benefit of under any applicable law), this will not be
taken to be a formal waiver of Krossen’s rights and that those rights or
remedies will still be available to Krossen. If any court of law,
having the jurisdiction to decide a matter arising out of these Terms,
rules that any provision of these Terms is invalid, then that provision
will be removed from these Terms without affecting the rest of the Terms
and the remaining provisions will continue to be valid and enforceable.
The Site is controlled and operated from within the United States.
Without limiting anything else, Krossen makes no representation that the
Site, Site Content, Comments, services, products, information or other
materials available on, in, or through the Site is appropriate or
available for use in other locations, and access to them from
territories where they are illegal is prohibited. Those who choose to
access the Site from other locations do so on their own volition and are
responsible for compliance with applicable laws.