CROSSBOW EDUCATION CORP, A North Carolina corporation ("We" or "Crossbow Education") would like to make sure that you (as the "user" or "buyer") have an experience on our Website that is a pleasant and productive one.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE USER'S LAST VISIT TO THIS SITE. BY USING THIS SITE, USER INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF USER DOES NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SITE.
CROSSBOW EDUCATION TERMS AND CONDITIONS
Contract: The buyer’s acceptance of any goods purchased from CROSSBOW EDUCATION CORP shall constitute agreement to the terms and conditions set forth herein. This contract constitutes the sole agreement between the buyer and CROSSBOW EDUCATION; however, it will be affected by specific terms and conditions published by CROSSBOW EDUCATION and any agreements, amendments, or waivers agreed to in writing. In addition, CROSSBOW EDUCATION shall not be held responsible for any contrary or inconsistent terms appearing on the buyer’s purchase orders, acknowledgements, or other documents.
Merchandise: “Merchandise” refers to all goods, or any portion of goods, described in the buyer’s purchase orders submitted to CROSSBOW EDUCATION. All packaging, instructions, and other materials included with goods are also considered to be merchandise.
Acceptance of Goods: The buyer agrees to fully inspect all received goods at the time of delivery. In the event that such inspection reveals that any goods are damaged, the buyer shall have the right to reject such goods. The buyer must then notify CROSSBOW EDUCATION of any such damage. If CROSSBOW EDUCATION is not notified of the damage in writing or by phone within ten days of receipt, the buyer shall be deemed to have accepted the goods as is. SUCH ACCEPTANCE SHALL CONSTITUTE THE BUYER'S IRREVOCABLE ACCEPTANCE OF THE GOODS AND A WAIVER OF ANY AND ALL CLAIMS THE BUYER MAY OTHERWISE HAVE AGAINST CROSSBOW EDUCATION WITH RESPECT TO THESE GOODS.
CROSSBOW EDUCATION does not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion. However, no person under the age of 18 should use the Website without the consent of his or her parent or legal guardian. Use of the Website by any user shall be deemed to be a representation that the user is 18 years of age or older.
Delivery and Shipping: All dates quoted for merchandise shipment are only estimates and are not guaranteed. CROSSBOW EDUCATION may make partial deliveries, unless otherwise specified on the purchase order. CROSSBOW EDUCATION will endeavour to meet the quoted shipment dates but shall have no liability for any delay in shipment or delivery. CROSSBOW EDUCATION shall not be held responsible for any damage or loss incurred by the buyer due to delays in shipment or delivery. IN NO EVENT SHALL CROSSBOW EDUCATION BE LIABLE TO THE BUYER OR ANY THIRD PARTY FOR ANY LOST PROFITS OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. ALL FREIGHT CHARGES ARE PREPAID.
Risk of Loss: Unless otherwise indicated in the governing freight terms, risk of loss passes to the buyer when CROSSBOW EDUCATION ships the merchandise.
Claims: All claims related to the shipment, applicable invoice, and/or merchandise must be made in writing within ten days of the buyer’s receipt of shipment. A claim may be made for a damaged item, an item missing from the original shipment, the wrong item received, or a short-shipped number of boxeswithin ten days of delivery. Any request for proof of delivery must be made within 180 days or six months of the invoice date.
Limited Software Warranty: CROSSBOW EDUCATION warrants all software to perform in accordance with its documentation for a period of 90 days from the purchase date. If software is defective within 90 days, CROSSBOW EDUCATION will replace it free of charge, provided it is returned in undamaged condition. THIS WILL BE CROSSBOW EDUCATION’s ONLY RESPONSIBILITY REGARDING DEFECTIVE SOFTWARE.
Software Licence Agreement: The buyer of a CROSSBOW EDUCATION proprietary software single license is only authorized to install and use the software on one computer within the same classroom within one school. The software may only be used by the buyer (individual or school) and may not be transferred to an individual’s home or to another organization. CROSSBOW EDUCATION proprietary software may not be externally distributed, sold, or commercially exploited without the written agreement of CROSSBOW EDUCATION and only according to any terms defined pursuant to that agreement. The buyer agrees to indemnify CROSSBOW EDUCATION and hold it harmless from and against all third-party claims related to the buyer’s use of the software.
Trademarks, Copyrights and Restrictions: All CROSSBOW EDUCATION proprietary products, including software, are owned by CROSSBOW EDUCATION and are protected by U.S. and international copyright laws and international trade provisions. This Website and all materials on the Website, including, but not limited to, images, illustrations, posts, audio clips, video clips (collectively, the "Materials") are the property of CROSSBOW EDUCATION and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by CROSSBOW EDUCATION and by copyright law, trademark law, international conventions and other intellectual property laws. Users may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from Site, or any other website owned or operated by CROSSBOW EDUCATION without its prior written permission. However, users may download or make one copy of the Materials and other downloadable items displayed on the Website, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of CROSSBOW EDUCATION'S copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from CROSSBOW EDUCATION. The buyer is responsible for attorneys’ fees incurred by CROSSBOW EDUCATION due to the buyer’s distribution, resale, or promotion of CROSSBOW EDUCATION merchandise or unauthorized use of the Materials.
Billing and Payment: The buyer shall pay for all merchandise on or before the due date set forth in the invoice. The standard due date is net 30 days, unless otherwise specified. All overdue balances may be subject to a finance charge equal to or less than the maximum interest rate allowed under North Carolina law. When placing an order, the buyer must either prepay by check or credit card or provide a school-issued purchase order . The awarding of a credit account to organizations that are not government funded is at the sole discretion of CROSSBOW EDUCATION’s Credit Department. Crossbow Education reserves the right to suspend or terminate credit facilities to organizations that do not adhere to the billing and payment terms outlined above.
Collection Fees and Acceleration: The buyer shall be responsible for all attorneys’ fees incurred by CROSSBOW EDUCATION in collecting its receivables hereunder and for interest on all past due amounts. The buyer shall not be responsible for amounts exceeding the maximum rates allowable by law. CROSSBOW EDUCATION retains the option to accelerate the buyer’s entire account debt if a payment is late.
Indemnification: The buyer shall indemnify CROSSBOW EDUCATION from any and all loss, damage, cost, charge, expense., or liabilities of whatever nature and howsoever arising. This includes but is not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss incurred or suffered by CROSSBOW EDUCATION directly or indirectly by reason of any act or omission committed in breach of these terms and conditions and the obligations and warranties contained in them.
Assignment: The buyer’s rights and obligations under this sales agreement may not be assigned to a third party without CROSSBOW EDUCATION’s prior written consent.
Website Terms and Conditions
Your use of this website hosted by Crossbow Education Corp. is subject to the following terms and conditions:
Crossbow Education's Materials
All materials contained on this website are Copyright © Crossbow Education 2011. All rights reserved. The materials posted on this site by Crossbow Education may be retrieved solely for personal use and may be downloaded solely for personal use. No materials contained on this website may otherwise be copied, modified, published, broadcast, or otherwise distributed without the prior written permission of Crossbow Education. Any reproduction permitted under this Agreement must contain notice of Crossbow Education's copyright as follows: "Copyright © Crossbow Education Corp 2011. All rights reserved."
Crossbow Education Corp, Crossbow Education, and/or any other names of products or services provided by Crossbow Education referred to on this website are trademarks of Crossbow Education. The names of other companies, products and services referenced herein may be the trademarks of their respective owners.
The information contained on this website or any other website owned, operated, licensed, or controlled by Crossbow Education, as well as the design and layout of such websites, contain elements protected by trade mark, copyright, and/or other laws, and may not be copied or imitated in whole or in part. No text, logo, graphic, sound or image from any Crossbow Education website may be copied or retransmitted without the express prior written permission of Crossbow Education.
While Crossbow Education has made every effort to maintain accurate information on this website, the information contained herein may contain errors or omissions. CROSSBOW EDUCATION MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND CONCERNING THE ACCURACY OR SUITABILITY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS IS," AND WITH SPECIFIC DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT. CROSSBOW EDUCATION MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE SITE OR THE SERVER THAT HOSTS THE SITE ARE FREE FROM VIRUSES OR OTHER FORMS OF HARMFUL COMPUTER CODE. IN NO EVENT SHALL CROSSBOW EDUCATION, ITS EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SITE.
The terms and conditions under the “Indemnification” paragraph under General Terms and Conditions above apply in their entirety to the use of any website operated by the Crossbow Education Group.
To other sites:
Links to other websites do not imply an endorsement of the materials disseminated by publishers at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by Crossbow Education solely as a convenience to its users. Crossbow Education is not responsible for the materials contained at any website linked to this site.
From other sites:
We require no formal notice for linking to our site, although we request that a notification is sent using our “contact us” form when this has been done. This will allow us to notify you in the event that any relevant information has been changed, or if we remove content from our site. Crossbow Education will, out of courtesy, attempt to pass on such notifications as and when necessary, but holds no accountability for doing so and cannot be held responsible for information displayed in externally linked sites.
Any attempt to display our content in some form other than it is displayed in full view by our server, or otherwise displaying our content only partially, or without our copyright notice, will be considered an infringement of copyright law, and action may be taken against it.
We operate the Website from our offices within the United States. We make no representations that content and materials on the Website are legal or appropriate for use from outside the United States. If the user chooses to access the Website from other locations, then user does so at the user’s own risk and the user is responsible for compliance with any and all local laws. User may not use the Website in violation of United States export laws and regulations.
This Agreement will be governed by and construed in accordance with the laws of the State of North Carolina, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the Website will be brought in either the State or Federal Courts of the State of North Carolina; provided, however, that notwithstanding anything contained in this Agreement to the contrary, Crossbow Education shall have the right to institute judicial proceedings against user or anyone acting by, through or under user, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, then that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between user and Crossbow Education concerning the user’s use of the Website and the products sold hereon, and the Agreement will not be modified, except in writing, signed by both parties.
Crossbow Education recognizes the importance of protecting information we may collect from customers using our site. We use the information we acquire from users through the registration and and/or ordering processes at our sites primarily for internal business purposes, and we may also use this information to send occasional promotional material to visitors, by email or by post. We maintain appropriate security measures to keep this information private, and do not pass any information to third parties, unless required by law to do so.