Legal Disclaimer
Privacy Policy
Cross Builders, a
Notice of Information Collected and Disclosed
This Policy tells you, among other things, what information we gather from
you through our Site, how we may use or disclose that information, and our
efforts to protect it.
In connection with your use of this Site, we may collect the following
information:
The domain name, but not the e-mail address of visitors
to our Site.
The e-mail addresses of users who communicate with us via e-mail.
Aggregate information on what pages on our Site users access or visit.
Information volunteered by the user, such as site registration, e-mail update
requests and general requests for information.
Information
about your transactions with us.
We do not disclose any nonpublic personal information about you to anyone,
except as permitted by law, however, we may choose to disclose all of the
information we collect, as described above, to companies that perform
marketing services on our behalf or to other similar companies with whom we
have joint marketing agreements.
If you prefer that we not disclose nonpublic personal information about you to nonaffiliated third parties, you may opt out of those disclosures; that is, you may direct us not to make those disclosures (other than disclosures permitted by law). If you receive communications from us that you do not want to receive, you can opt-out from receiving these communications, by specifically telling us to stop sending them to you. If you wish to opt out of disclosures to nonaffiliated third parties, you may call Cross Builders Products at the following toll free number: 1-817 715 4488.
We will apply the Notice and Opt-out policies discussed above in the event we propose to disclose your information to a third party.
It should be noted that e-mails and other information
you send to us is not encrypted and cannot be considered a secure means of
transmitting sensitive information.
Regardless of the precautions taken by you or by us, “perfect security” does not exist on the Internet. We cannot ensure or warrant the ultimate security of any information you transmit.
We may use IP addresses to analyze trends, administer the Site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the Site uses to track the pages you’ve visited.
You can refuse cookies by turning them off in your browser. You do not need
to have cookies turned on to use this Site. However, if you turn off cookies,
then you may not be able to utilize certain features of this Site.
The Site may contain links to other sites. Please be aware that Cross Builders Products may not be responsible for content or the privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Site.
This Site is not directed at children under the age of 18 and does not knowingly collect personal information from children under the age of 18. If Cross Builders Products obtains actual knowledge that it has obtained personal information about a child under the age of 18, that information is immediately and permanently deleted from our records.
We may occasionally change this Privacy Policy. If we do, we will post the changes on the Site. The changes will take effect as soon as posted.
Welcome to
You may use the Site only for your or your entity’s internal general business purposes, such as gathering information for your personal purchase or collecting necessary information as a dealer of products provided by Cross Builders Products. The information provided in the Site is provided only in connection with the marketing efforts of Cross Builders Products and are not to be used to seek similar opportunities from suppliers in competition with Cross Builders Products. You shall access or use the Site and its content only to process transactions and shall not access or use the Site or its content to provide information to third parties unrelated to the allowed purposes of the Site. Content copied, downloaded or printed must retain all copyright, trademark and other proprietary notices. For commercial use of any portion of the contents, you must secure the written consent from the appropriate content provider.
Your use of the Site is at the sole discretion of Cross Builders Products, which may deny you further use of the Site at any
time, for any reason, with or without cause. Your use of the Site and any
orders for merchandise placed through this Site does not entitle you to
continued use of the Site.
Your use of the Site must always comply with applicable law. In particular,
but without limitation, you agree and represent not to use the Site to:
a. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
b. Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
c. Upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
d. Upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.
We have made every effort to display the products featured on this Site as accurately as possible. Please note, however, that the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors actually seen on the screen. The Site cannot be responsible for the limitations of your monitor’s display of any color, texture, or detail of actual merchandise.
By voluntarily submitting information, communications or content (including pictures and anecdotes) to the Site, you agree that such submissions are non-confidential for all purposes. You further agree that such submissions become the property of Cross Builders Products and that all title and interest therein, including all rights of copyright, shall rest with Cross Builders Products at the time they are submitted and/or posted. Such submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice. The submission of such materials in no way creates any obligation or duty on the part of Cross Builders Products to post or use such materials or, if we do so, to give you credit.
The Site may contain links to third party websites. Such
third party websites are not under the control of Cross Builders Products.
Please note that Cross Builders Products is not responsible for the
accuracy or content of websites of other providers that may have links from
this Site. Accordingly, Cross Builders Products can make no representation
concerning the terms of use, privacy policies or content of these sites to
you, nor can the fact that Cross Builders Products has provided this
link serve as an endorsement by Cross Builders Products of this or any
other site. In creating hypertext links to any other website, Cross Builders
Products is not recommending that website or giving any assurances
as to its standing.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS CROSS BUILDERS PRODUCTS AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF CROSS BUILDERS PRODUCTS, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CROSS BUILDERS PRODUCTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
b. CROSS
1. YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
2. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR
3. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM CROSS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CROSS BUILDERS PRODUCTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CROSS BUILDERS PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
a. THE USE OR THE INABILITY TO USE THE SITE;
b. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
c. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
d. ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE.
NOTWITHSTANDING THE FOREGOING, CROSS BUILDERS PRODUCTS (AND ITS AFFILIATE’S, IF ANY) LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE SUM OF PAYMENTS MADE FOR MERCHANDISE PURCHASED THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $1,000. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST CROSS BUILDERS PRODUCTS ARISING OUT OF THE USE OF THE SITE.
CROSS
The site is protected by copyright, trademark, trade dress and other intellectual property rights.
a. Cross Builders Products grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site.
b. Cross Builders Products’ logos, and other trademarks, service marks, labels, product names and service names (collectively, the “Marks”) are owned or licensed by Cross Builders Products. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Cross Builders Products. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these Marks and/or in connection with any product or service that is not authorized or sponsored by Cross Builders Products.
c. The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are copyright 2006, Cross Builders Products. All rights reserved.
This Agreement constitutes the entire agreement between you and Cross Builders Products with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
This Agreement, the entire relationship between you and Cross Builders Products, and any litigation or other legal proceeding between you and Cross Builders Products (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules.
This contract is fully performable in Harris County, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Harris County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party hereto.
Cross Builders Products may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
Cautionary Statement About Forward-Looking Statements
The Site may include forward-looking statements within the meaning of the Private
Securities Litigation Reform Act of 1995. These statements related to
analyses and other information that are based on management’s beliefs,
certain assumptions made by management, forecasts of future results, and
current expectations, estimates and projections about the markets and economy
in which we and our various segments operate. The statements contained in
this communication that are not statements of historical fact may include
forward-looking statements that involve a number of risks and uncertainties.
We have used the words “anticipate,” “intend,” “may,” “expect,” “believe,” “should,” “plan,” “will,” “estimate,” and variations of such words and similar expressions in this communication to identify such forward-looking statement. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions, which are difficult to predict and many of which are beyond our control. Therefore, actual outcomes and results may differ materially from those matters expressed or implied in such forward-looking statements. We undertake no obligation to update publicly any forward-looking statements, whether as a result of future events, new information or otherwise.
If you have a comment, question or request, or if you need to contact Cross Builders Products for any other reason, there are four easy ways to do so:
a. E-mail: You can e-mail us under the “Contact” section of the Site.
b. Toll-Fee Telephone Number: You may call us at 1-800.231.4009. If you call after normal business hours, please leave a message and your telephone number. We will get back to you as quickly as possible. Normal office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. Central Time.
c.
