Access to and uses of this site (www.krosswood.com) are subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis, as they are subject to modification, alteration, or update at any time and at the sole discretion of UberDoors. If you do not agree to any term or condition, you should not use this site.
Terms and Conditions of Use
Krosswood grants you (“User”) permission to view this Site, www.krosswood.com (“the Site”) and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement (“Terms”). You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to UberDoors that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement, UberDoors will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
INVITATION TO USE; RESTRICTIONS
All content on this site, including text, graphics, logos, drawings and specifications, for example, is Krosswood property and protected by United States and international copyright laws. Except as otherwise specifically provided in these Terms and Conditions or on the site, none of the material may be copied, downloaded, reproduced, distributed, republished, displayed, or transmitted in any form or by any means without the prior written permission of Krosswood. Permission is granted to display, copy, distribute and download content on this Site for personal, non-commercial use only provided the User does not modify the materials and retains all copyright and other proprietary notices contained in the materials. Permission also is granted to display, copy, distribute and download content on this site if it is to be used expressly for the promotion and/or sales of UberDoors products.
The User acknowledges that any reliance upon Materials from this Site shall be at the User’s risk, except as otherwise required by law. UberDoors reserves the right, in its sole discretion, and without any obligation, to correct any error or omission in any information on this Site or to change any drawings or specifications, or other content on this Site without notice.
Although Krosswood believes the information available on this Site is accurate, Krosswood does not warrant or endorse the accuracy or reliability of the information contained on, distributed through or linked to or downloaded or accessed from this Site and does not warrant or endorse the quality of any software or other products, information or other materials displayed, purchased or obtained by a User as a result of any advertisement or any information or offer made in or through this Site. Local regulations vary substantially, and Krosswood does not warrant that the information available from this Site complies with building codes, ordinances, or regulations for any particular application or in any particular jurisdiction, without UberDoors ‘s express written agreement.
Krosswood has made a conscientious effort to display and describe its products and services on this Site accurately so that you can get a good idea of their design and use, and of the services offered. Furthermore, Krosswood is constantly improving its information, products and services. Consequently, Krosswood cannot and does not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services.
Any purchase by User of any products or services manufactured or supported by Krosswood shall be subject to all of the standard terms and conditions set forth in Krosswood‘s purchase and sale terms and conditions applicable to the purchase.
COPYRIGHT AND TRADEMARKS
All software and content included on this Site, such as text, graphics, logos, button icons, images, audio clips, and software, is the owned or licensed property of Krosswood or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Krosswood and protected by U.S. and international copyright laws. Krosswood grants you permission to view and use the content and software made available to you on this Site in connection with your use of this Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content and software on this Site is strictly prohibited. The trademarks, logos, meta tags and service marks displayed on this Site, including the trademark “Krosswood” and other trademarks used by Krosswood, are the property of Krosswood Users are prohibited from using any Mark for any purpose not within the limited authorization stated in the above “INVITATION TO USE; RESTRICTIONS” section.
A User’s limited license to use materials from this site will terminate immediately without notice from Krosswood if a User fails to comply with any term or provision of these Terms, and the User is obligated immediately to destroy all information obtained from this Site and discontinue any other use of the information obtained through Users’ access to this Site. Any license to any copyright or trademark provided by these Terms, whether express or implied, terminates immediately upon such termination.
LINKED INTERNET WEB SITES
Krosswood has provided Internet links to other Web sites for User’s convenience. Most Web sites linked to this Site are owned and operated independently of Krosswood As a result, UberDoors has no control over the products, materials, services or other information contained in or available through these third-party Web sites. The quality and reliability of these third party Web sites may vary as they are updated or altered. Krosswood ’s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Krosswood’s inclusion of the links imply that UberDoors is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site. The User acknowledges that access to any other Web sites linked to this Site is at the User’s own risk.
EXCEPT FOR AVAILABLE WRITTEN EXPRESS WARRANTIES FOR KROSSWOOD’S PRODUCTS DESCRIBED ON THIS SITE, THE MATERIALS, DRAWINGS, SPECIFICATIONS, PRODUCTS AND OTHER RESOURCES AVAILABLE FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. KROSSWOOD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND KROSSWOOD DOES NOT WARRANT THAT THE DISSEMINATION OF THE INFORMATION WILL BE ERROR FREE OR UNINTERRUPTED. KROSSWOOD DOES NOT WARRANT THAT THE MATERIALS, DRAWINGS, SPECIFICATIONS OR THE SERVER THAT MAKES THEM AVAILABLE WILL NOT CONTAIN ANY COMPUTER VIRUSES THAT MAY INFECT THE USER’S COMPUTER EQUIPMENT, NETWORK OR RELATED SOFTWARE. KROSSWOOD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE MATERIALS, DRAWINGS OR SPECIFICATIONS AND THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, TO THE EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KROSSWOOD BE LIABLE TO USER OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE INFORMATION) ARISING OUT OF OR RELATED TO THE SITE, EVEN IF CAUSED BY THE NEGLIGENCE OF KROSSWOOD AND EVEN IF KROSSWOOD OR ANY PROVIDER OF THE INFORMATION HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY OF ERRORS THEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY IN PARTICULAR CASES OR JURISDICTIONS. IN NO EVENT SHALL KROSSWOOD’ TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY THE USER, IF ANY, FOR ACCESSING THIS SITE.
The User agrees to indemnify and hold UberDoors and its affiliates harmless from and against any and all claims, losses, liability, costs, and expenses (including, but not limited to, attorneys’ fees) arising from the User’s violation or breach of these Terms, arising from the User’s violation of any third-party’s rights such as trademark, copyright, proprietary and privacy rights, or arising from User’s violation of any applicable federal, state or local law, regulation or ordinance. This indemnification and hold harmless obligation will survive the termination of these Terms.
COMMUNICATIONS AND SUBMISSIONS
You may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. UberDoors hereby reserves the right (but not the obligation) to remove or edit content for any reason at its sole discretion.
By transmitting or posting any submissions to Krosswood or to this Web site you grant Krosswood and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use the content of such submissions for any purpose, including, but not limited to, the rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant Krosswood and its affiliates and sub-licensees the right, at their sole discretion without obligation to do so, to use the name that you submit in connection with such content. You further agree that the license granted herein includes all of the rights to use or authorize the use of any ideas, concepts, know-how or techniques contained in such submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services incorporating such information. You represent and warrant that you own or otherwise control all of the rights to the content of your Submissions; that the content is accurate; that use of the content you supply does not violate any terms of this User Agreement and will not cause injury to any person or entity; and that you will indemnify UberDoors or its affiliates for all claims resulting from content you supply. You agree that neither Krosswood nor its licensees will be liable to you for any use of any Submission. Krosswood has the right but not the obligation to monitor and edit or remove any activity or content.
You acknowledge and agree that you are solely responsible for any submissions you submit to Krosswood or this Web site and further agree that you, not Krosswood, have full responsibility for the content of any such submissions, including their legality, reliability and appropriateness.
RISK OF LOSS
All items purchased from krosswood.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
GENERAL / APPLICABLE LAW
The User’s access to and use of this Site and information available on or through this Site are subject to and shall be governed by and construed in accordance with all applicable federal laws of the United States and applicable laws of the State of Utah and local governmental entities. Krosswood and User irrevocably consent to the exclusive jurisdiction of the courts located in Salt Lake City, Utah and the federal courts situated in the State of Utah in connection with any action arising under or in connection with these terms or relating to the User’s access of this Site, or any information available on or through this Site.
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Krosswood has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
You agree that Krosswood may at any time and without notice change the terms and conditions and notices under which this Site is offered.
You agree that no joint venture, partnership, employment or agency relationship exists between you and UberDoors as a result of this agreement or your use of this Site.
Krosswood’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Krosswood’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Krosswood with respect to such use.
This agreement constitutes the entire agreement between you and Krosswood with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Krosswood with respect to this Site. No modification of this agreement shall be effective unless it is authorized by Krosswood or its affiliates, or unless it is physically signed by an Krosswood officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Krosswood in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Krosswood in printed form.
The headings in this agreement are for reference purposes only and have no legal effect. If any portion of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall remain in effect.
If you have any questions regarding any portion of this Agreement, or if you wish to inquire, regarding rights of use not explicitly granted herein, please direct questions via email to email@example.com
This SMS message program is a service of uberdoors. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from uberdoors. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give uberdoors permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.
Message frequency may vary. uberdoors reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. uberdoors also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. uberdoors, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that uberdoors and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from uberdoors through any other programs you have joined until you separately unsubscribe from those programs.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF uberdoors OR ANY PARTY ACTING ON BEHALF OF uberdoors BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO uberdoors HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF uberdoors HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE uberdoors MESSAGING PROGRAM. uberdoors AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.
To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless uberdoors, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from uberdoors or its service providers.
- General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from uberdoors or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND uberdoors ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or uberdoors to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and uberdoors will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- No Class Actions. YOU AND uberdoors AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and uberdoors agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and uberdoors are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
- No Class Actions. YOU AND uberdoors AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and uberdoors agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if uberdoors makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to uberdoors’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and uberdoors.
- Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from uberdoors after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.
These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and uberdoors concerning the Messaging Program.