The Website is provided by Cross Instruments Inc. (referred to throughout these Terms and Conditions as “Cross Instruments”)
The following rules govern your use of this site.
Please note that your use of this website is governed by these Terms and Conditions.
Your use of this site constitutes your unconditional consent and agreement to follow these Terms and Conditions and be bound by them. If you do not agree with any of these Terms and Conditions, do not use this site.
Please note, you may decide to “bookmark” portions of this Site, thus, bypassing these Terms and Conditions, nevertheless your use of this Site still binds you to these Terms and Conditions.
BY ACCESSING AND USING THIS WEBSITE YOU AGREE AND CONSENT TO THE TERMS AND CONDITIONS OF THIS SITE, AS WELL AS ANY AND ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE PROVINCE OF ALBERTA.
By accepting these Terms and Conditions through your use of this Site, you certify that you are 18 years of age or older.
If you do not agree to (or cannot comply with) any of these Terms and Conditions, please do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Cross Instruments, and are protected by Canadian and international intellectual property laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Cross Instruments 's endorsement, sponsorship or recommendation of the third party, its information, products or services. Cross Instruments is not responsible for the practices or policies of such third parties, nor the content of any third-party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.
Attempting to violate the security of the Site is prohibited, including, without limitation, (a) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; (b) attempting to scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) attempting to obtain products not properly ordered or fully paid for; (f) harassing the site owner or its users; or (g) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Cross Instruments will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in any such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Cross Instruments on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Firefox, Google Chrome or Microsoft Explorer).
ORDERS AND ACCEPTANCE
Please note that sometimes there may be certain orders we are unable to accept. We hereby reserve the right, in our sole discretion, to refuse or cancel any order for any reason whatsoever. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Certain instances may result in your order being canceled because of limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. From time to time, we may require additional information and identification before accepting an order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
PRICING AND CONTENT INFORMATION
We strive to provide our customers with accurate pricing information, nevertheless, sometimes pricing or typographical errors may occur. Cross Instruments cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, we reserve the right, at our sole discretion, to refuse or cancel any orders placed for that item.
In the event that an item is mispriced, we may, in our sole discretion:
- If an item's correct price is lower than our stated price, we charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Prices subject to change without notice.
Merchandise Content: Cross Instruments attempts to be accurate in its product descriptions. However, Cross Instruments does not warrant that product descriptions or other Content on this Site is accurate. Some content may be inaccurate or incomplete. If you happen to find a product is not as described, your sole remedy is to return the product in unused condition.
Objectionable Content: You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that Cross Instruments and/or its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
Medical Content: All medical content provided by Cross Instruments in any part of this Site is for educational purposes only. Such content is not intended to substitute the diagnosis, treatment and observation/diagnosis of a veterinarian or other appropriate medical professional as the case may deem. Content does not cover all precautions, side effects and interactions, and should not be construed to indicate the safety of a medical device. Before using any medical device, please check product information (including package inserts).
All content, provided on this site is for educational purposes only. Such content is intended to supplement, not substitute, the diagnosis, treatment and advice of a medical professional.
NUMBER OF ITEMS
Cross Instruments reserves the right, in its sole discretion, to determine and limit the number of items purchased per order, per household, or per person. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. All offers are void where prohibited.
Some items sold by Cross Instruments cannot be shipped internationally due to import restrictions or size. Orders that are shipped to countries outside of Canada may be subject to import taxes, customs duties and fees levied by the destination country. Customer is responsible for paying such import taxes, customs duties and fees levied by the destination country
INTELLECTUAL PROPERTY, COPYRIGHTS, TRADEMARKS AND PATENTS
Any and all Content on any Cross Instruments, including for example all of the page headers, images, illustrations, graphics, audio clips, animation, sounds, video clips and text, are subject to intellectual property rights held by Cross Instruments, one of its affiliates or by third parties who have licensed their materials to Cross Instruments. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites.
The Content of this website, and the site as a whole, is intended solely for personal, non-commercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Cross Instruments reserves complete title and full intellectual property rights in any Content you download from this website.
Cross Instruments and its licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Cross Instruments 's intellectual property rights.
Cross Instruments owns the copyrights in the selection, coordination and arrangement of the materials on this Site. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Cross Instruments.
SUBMISSIONS, REVIEWS AND FEEDBACK
We thank you for your comments regarding this website. Please note that by submitting any stories, comments, feedback, reviews, letters, suggestions, ideas, and/or all other submissions submitted or offered to Cross Instruments, whether through this Site, by telephone, by e-mail or otherwise submitted or offered, you hereby grant Cross Instruments a royalty-free, irrevocable, transferable right and license to use such comments however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form.
Cross Instruments will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us anything that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. Cross Instruments is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that any comments submitted by you to us will not violate the terms in this Terms and Conditions or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.
Cross Instruments' comment, blog and review services are available to our users, subject to the following guidelines. Out of respect for all of our users, we ask that you do not use obscene, profane or threatening language in your messages or comments. We also ask that you do not submit or post photos, videos or other content that includes obscene, profane or threatening images. Examples of the kinds of conduct or content that are prohibited in user submitted content include:
- The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or Cross Instruments rule or policy.
- The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- The impersonation of any person or entity in any part of a gift message
- Any material that contains software viruses, political campaigning, commercial solicitation, mass mailings or any form of SPAM.
You are solely responsible for the content of any messages and/or images you submit and Cross Instruments assumes no liability for any content submitted by you. Cross Instruments is not responsible for the content of any messages and/or images you submit and assumes no liability for any content submitted by you. We do not regularly review posted comments, and are not obligated to restrict or remove any content from a message, nevertheless we reserve the right to monitor and edit or remove any comments submitted to this site.
You are and shall remain solely responsible for the content of any comments you make and you agree to indemnify Cross Instruments and its affiliates for all claims resulting from any comments you submit. Cross Instruments and its affiliates take no responsibility and assume no liability for any comments submitted by you or any third party.
Any content you submit is for non-commercial use only. You must provide your actual e-mail address in order to send your content. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.
We strive to accurately display the colors of our products. However, as the actual colors you may see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
You hereby agree to indemnify, defend and hold harmless Cross Instruments and/or its affiliates from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees and court costs, arising from or related to your use of the Site or any breach by you of these Terms and Conditions.
Cross Instruments reserves the right to terminate these Terms and Conditions at any time, and may do so immediately, without notice, thereby denying you access to any Cross Instruments site, if in our sole discretion, you fail to comply with any Terms and Conditions set forth herein. Further, we reserve the right to refuse working with any user(s) who violates our Terms and Conditions.
WITHOUT LIMITING THE FOREGOING, Cross Instruments DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, THE Cross Instruments DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
Cross Instruments MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA.
Cross Instruments ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.
MERCHANDISE AND CONTENT DISCLAIMER: PRODUCT INFORMATION OBTAINED THROUGH THIS WEBSITE IS FOR INFORMATION PURPOSES ONLY. ON OCCASION, Cross Instruments MAY ALTER ITS LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON THIS WEB SITE, THUS WE DO NOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT.
Cross Instruments ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS.
DISCLAIMER ON CUSTOMER REVIEWS
CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY Cross Instruments.
DISCLAIMER ON MEDICAL CONTENT
ALL MEDICAL CONTENT ON THE SITE IS PROVIDED FOR INFORMATION PURPOSES AND Cross Instruments AND ITS AFFILIATES DO NOT SPONSOR, RECOMMEND OR ENDORSE INFORMATION PROVIDED ON THIS SITE OR IN ITS CATALOGUES. ALL MEDICAL CONTENT PROVIDED IN ANY AREA OF THIS SITE, IS FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED FOR, AND SHOULD NOT BE USED, AS A SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL. IT DOES NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS AND INTERACTIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY PRODUCT IS SAFE FOR USE. ALWAYS CONSULT YOUR MEDICAL PROFESSIONAL REGARDING ANY MEDICAL CONDITION AND BEFORE USING ANY PRODUCT. THE INFORMATION AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT Cross Instruments AND ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE, DAMAGE OR LOSS RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THIS SITE. YOUR USE OF THIS SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANES, OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL Cross Instruments, OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES, WHETHER SPECIAL, INCIDENTAL OR CONSEQUENTIOL OR OTHERWIWSE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, OR MALFUNCTION OF THIS WEBSITE. YOU, THE USER, WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE, OR LOSS OF DATA TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY THAT RESULTS FROM THE USE OF THIS SITE, INCLUDING THE DOWNLOADING OF ANY MATERIAL. Cross Instruments WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF PRODUCTS OFFERED FOR SALE ON THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. SOME CANADIAN JURISDICTIONS MAY LIMIT THE ABILITY OF VENDORS TO DISCLAIM IMPLIED WARRANTIES; THEREFORE, THE LANGUAGE OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
THIS COMPREHENSIVE LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Cross Instruments HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Cross Instruments UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED Canadian DOLLARS (CA$100).
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable and the other terms of these Terms and Conditions shall remain in full force and effect. The failure of Cross Instruments to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver of any nature and shall not limit Cross Instruments 's rights with respect to such breach or any subsequent breaches in any way.
These Terms and Conditions shall be governed by and construed under the laws of the Province of Alberta without regard to conflicts of law provisions. Any action or proceeding arising out of or related to the use of this Site, or these Terms and Conditions must be brought in the courts of the Province of Alberta and you hereby consent to the exclusive personal jurisdiction of such courts.
Terms and Conditions May Change
Cross Instruments reserves the right to update or modify these Terms and Conditions at any time without prior notice. Use of this website by you following any such change constitutes your agreement to follow and be bound by the modified Terms and Conditions. We encourage you to review these Terms and Conditions whenever you use this website so that you have reviewed the most current version.
In the event that any provision of the Terms and Conditions conflict with the law under which the Terms and Conditions are to be construed or if any such provisions are held invalid, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain in full force and effect.