WEBSITE TERMS AND CONDITIONS OF USE
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW, PROMPTLY EXIT THIS SITE.
Subject to the terms and conditions of this Agreement, CROCUSA.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by CROCUSA.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by CROCUSA.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by in advance. CROCUSA.com reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if CROCUSA.com believes that customer conduct violates applicable law or is harmful to CROCUSA.com’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Website Access and Account Identification
- Website Access and Account Identification. CROCUSA.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and CROCUSA.com has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify CROCUSA.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
Restrictions on Use
Restrictions on Use. All pages within www.CROCUSA.com, www.turboion.com, www.crocusa.com and any material made available for download (collectively the “Site”) are the property of Turbo Ion, Inc. DBA CROC (“Turbo Ion” or “We” or “Us” or “Our”) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of CROCUSA.com. This Site is for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by CROCUSA.com
- Trademark Notice.
are the logos, trademarks, and service marks of Turbo Ion, Inc. DBA CROC. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
(a) Warranty Disclaimer. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. CROCUSA.COM , ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS OF ANY INFORMATION CONTAINED ON THIS SITE.
(B) Currentness of Information Disclaimer. ALTHOUGH CROCUSA.COM ATTEMPTS TO ENSURE THE INTEGRITY AND ACCURATENESS OF THE SITE, IT MAKES NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITE. IT IS POSSIBLE THAT THE SITE COULD INCLUDE INACCURACIES OR ERRORS, AND THAT UNAUTHORIZED ADDITIONS, DELETIONS AND ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. IN THE EVENT THAT AN INACCURACY ARISES, PLEASE INFORM CROCUSA.COM SO THAT IT CAN BE CORRECTED. THE INFORMATION PUBLISHED ON THIS SITE WAS VALID AT THE TIME OF PUBLICATION. CROCUSA.COM RESERVES THE RIGHT TO MAKE CHANGES AND IMPROVEMENTS AT ANY TIME AND WITH NOTICE, AND ASSUMES NO LIABILITY FOR DAMAGES INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF ERRORS, OMISSIONS OR DISCREPANCIES.
(C) Disclaimer of Links/Hyperlinks. THE SITE MAY CONTAIN LINKS TO AND FRAMES OF WEBSITES WHICH ARE NOT MAINTAINED BY CROCUSA.COM. WHILE WE TRY TO INCLUDE ONLY LINKS TO OR FRAMES OF THOSE WEBSITES WHICH ARE IN GOOD TASTE AND SAFE FOR OUR VISITORS, WE ARE NOT RESPONSIBLE FOR THE CONTENT OF THOSE SITES AND CANNOT GUARANTEE THAT WEBSITES WILL NOT CHANGE WITHOUT OUR KNOWLEDGE, AND INCLUSION OF SUCH LINKS AND FRAMES IN THE SITE DOES NOT IMPLY CROCUSA.COM’S ENDORSEMENT OF THE LINKED OR FRAMED WEBSITES OR THEIR CONTENT.
(D) Disclaimer of Use of Submitted. BY SENDING US A MESSAGE OR SUBMITTING ANY CONTENT IN ANY PORTION OF THE SITE, YOU AGREE TO HAVE IT, ALONG WITH YOUR NAME, POSTED FOR PUBLIC VIEWING BOTH HERE AND IN OTHER CROCUSA.COM PROMOTIONAL AND ADVERTISING MATERIALS WITHOUT COMPENSATION. WE CANNOT PROMISE TO POST EVERY SUBMISSION. ALL MESSAGES OR CONTENT THAT ARE POSTED HERE REPRESENT THE OPINIONS OF OTHER CROCUSA.COM SITE USERS AND DO NOT REPRESENT THE IDEAS OR OPINIONS OF CROCUSA.COM. YOU MAY COPY THEM AS MUCH AS YOU LIKE FOR PERSONAL USE, BUT REDISTRIBUTION IN ANY WAY REQUIRES THE PERMISSION OF CROCUSA.COM. IN CONSIDERATION OF THIS AUTHORIZATION, YOU AGREE THAT ANY COPY OF THIS INFORMATION THAT YOU MAKE SHALL RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES CONTAINED HERE IN THE SITE.
(E) Non-endorsement. THE VIEWS AND OPINIONS OF AUTHORS PUBLISHED ON THIS SITE DO NOT NECESSARILY REFLECT THOSE OF CROCUSA.COM. REFERENCE TO ANY SPECIFIC COMMERCIAL PRODUCTS, PROCESSES, OR SERVICES BY TRADE NAME, TRADEMARK, MANUFACTURER, OR OTHERWISE DOES NOT NECESSARILY CONSTITUTE OR IMPLY ITS ENDORSEMENT, RECOMMENDATION, OR FAVORING BY CROCUSA.COM. NOR SHALL ANY INFORMATION OR STATEMENTS CONTAINED ON THIS SERVER BE USED FOR THE PURPOSES OF ADVERTISING, OR TO IMPLY AN ENDORSEMENT OR RECOMMENDATION. WITH RESPECT TO DOCUMENTS AVAILABLE FROM THIS SERVER, NEITHER CROCUSA.COM
NOR ANY OF ITS EMPLOYEES, ASSOCIATES, AND/OR AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NEITHER CROCUSA.COM NOR ANY OF ITS EMPLOYEES, ASSOCIATES, AND/OR AFFILIATES ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, SERVICE, OR PROCESS DISCLOSED; NOR DO THEY REPRESENT THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS.
(F) Limitation of Liability. CROCUSA.COM, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CROCUSA.COM IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL MATERIALS OR CONDUCT, OR THAT OF THIRD PARTIES, AND CROCUSA.COM RESERVES THE RIGHT TO REMOVE SUCH MATERIALS FROM THE SITE WITHOUT LIABILITY.
Confidential and Proprietary Information
- Confidential and Proprietary Information. CROCUSA.com does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to CROCUSA.com through the Site will be deemed NOT to be confidential. By sending CROCUSA.com any information or material, you grant CROCUSA.com unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that CROCUSA.com is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
- Termination. In addition to any other legal or equitable remedies, CROCUSA.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and CROCUSA.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Links to Our Site
- Links to Our Site. If you desire to provide a hyperlink from your Website to our Site, you must agree to be bound by the terms of our Hyperlink License Agreement.
Guidelines for Use. The following are guidelines for posting material on the Site’s message board and forums (collectively “Forums”):
(a) Open Forum. Everyone is welcome to suggest new message threads that pertain to CROCUSA.com and its business.
(b) Advertising. Advertising of any outside Websites or placing outside Web links on the message boards is strictly prohibited as well as the advertising or “hawking” of any products.
(c) Civility. We encourage creative, original and thought-provoking discussions. The Message Boards will not be a free forum for personal attacks on others who log onto these Boards.
(d) Violators. Violators of this policy may be barred from access to our Message Boards. Adherence to these guidelines will ensure that all who visit will enjoy their experience on CROCUSA.com.
Payment and Billing
- Payment and Billing. CROCUSA.com accepts debit or credit card payments via Visa, MasterCard, American Express, and Discover accounts. There are no extra charges required by CROCUSA.com to use a Visa, MasterCard, American Express or Discover card as your method of payment. CROCUSA.com does not accept personal check, money order, or cash as available methods of payment.
- International Access. This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Customs Fees and VAT (Value Added Tax)
- Customs Fees and VAT (Value Added Tax). If there are customs fees and VAT, they must be paid by you when the package reaches your destination country. CROCUSA.com is not responsible for any sales taxes, VAT, customs duties or other taxes charged by your customs department. These charges are your responsibility and will vary from country to country.
- Export. The United States of America export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations –including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
Sweepstakes and Contests
- Sweepstakes and Contests. From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be covered by specific rules accessible from the page offering the promotion.
Dispute Resolution. Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Turbo Ion, Inc. DBA CROC agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(a) To Turbo Ion, Inc. DBA CROC at 6800 8th Street, Buena Park, CA 90620, or
(b) to you at: your last-used billing address of the billing and/or shipping address in your online profile.
Both you and Turbo Ion, Inc. DBA CROC agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law and Venue
- Choice of Law and Venue. These Terms and Conditions are entered into in the State of and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Norwalk in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
No Unlawful or Prohibited Purpose
- No Unlawful or Prohibited Purpose. As a condition of your use of this Site, you warrant to CROCUSA.com that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.