Terms and Conditions and Privacy Policy

TERMS OF USE

Introduction

Welcome to crossroadsperformancetracks.com. This Site is owned and operated by Crossroads Entertainment & Marketing, Inc. (referred to throughout this Site as “Crossroads”) as a service to our customers. Please review the following basic rules that govern your use of the crossroadsperformancetracks.com site. (the “Agreement”). Please note that your use of the crossroadsperformancetracks.com site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. Crossroads reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site.

Use of this Site

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Crossroads does not intentionally collect personal information about children under the age of 13. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. 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 above), 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 Crossroads or its suppliers and protected by U.S. and international copyright 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 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 Crossroads’ endorsement, sponsorship or recommendation of the third party, its information, products or services. Crossroads 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 web sites, you do so entirely at your own risk.

Site Security

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, 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; or (e) 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. Crossroads will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in 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 Crossroads on this Site and other than generally available third party web browsers (e.g., Chrome, Firefox, Safari, Microsoft Internet Explorer).

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. 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. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any 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

While Crossroads strives to provide accurate pricing information, pricing or typographical errors may occur. Crossroads 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, Crossroads shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Crossroads may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Crossroads does not price match with any other online or offline retailer. We strive to maintain highly competitive prices and review them regularly in order to serve you with great values, every day. Merchandise Content: Crossroads attempts to be as accurate as possible in its product descriptions. However, Crossroads does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

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 Crossroads and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

Product Information: While we attempt to provide the most accurate and up to date material, the information, material, products and services on the Web Site, it may include inaccurate information, outdated information due to product updates, keys and packaging change. We cannot guarantee that images and descriptions display on the Web Site will be accurate, complete, reliable, current, or error-free. Additionally, we may make modifications or changes to the site or the information, material, products or services described in the Web Site at any time for any reason. We are not responsible for and need not honor typographical or pricing errors on the Web Site. Please use the audio samples and / or product descriptions as a guide to the product and the price listed. Crossroads reserves the right to refuse and cancel any order.

Export Policy

You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.

Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Crossroads, one of its affiliates or by third parties who have licensed their materials to Crossroads and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Crossroads and is also protected by U.S. and international copyright laws. Crossroads and its suppliers and 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 Crossroads’ or any third party’s intellectual property rights. The Crossroads names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Crossroads Entertainment & Marketing, Inc. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

User Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Crossroads on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain Crossroads’ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Crossroads of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Crossroads will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Crossroads will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Crossroads 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 the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. Crossroads does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Crossroads the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Crossroads and its affiliates for all claims resulting from any Comments you submit. Crossroads and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Indemnification

You agree to defend, indemnify and hold harmless Crossroads and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Termination

These Terms of Use are effective unless and until terminated by either you or Crossroads. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Crossroads also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Crossroads’ sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Crossroads, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Crossroads’ right to any Comments shall survive any termination of this Agreement.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL CROSSROADS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE CROSSROADS WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CROSSROADS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CROSSROADS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Crossroads to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Crossroads’ rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under North Carolina law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of North Carolina and you consent to the exclusive personal jurisdiction of such courts.

Changes to the CrossroadsPerformanceTracks.com Terms of Use

The Terms of Use was last updated on April 5, 2016. Please check our Terms of Use periodically for changes.

Privacy Policy

Information Collection and Use

Crossroads is the sole owner of information collected on this site. We will not sell, share, or rent this information to any outside parties, except as outlined in this policy. We collect information from our customers to process orders and better serve you with pertinent information, such as order confirmations and order status updates. Information collected includes your name, shipping address, billing address, telephone numbers, e-mail address, age verification, and payment information such as your credit card number. We also require you to submit a username and password of your choice for your future access to your account information. To safeguard that your user name and password remain confidential, DO NOT share this information with anyone. If you elect to receive our newsletter or special promotions, your contact information will be used for the delivery of these items.

Registration

In order to process your orders placed on this website, you must first complete the registration form. During registration, you will be required to provide your contact information, which includes your name, age verification, e-mail address, telephone number and street address. This information is used to provide you with important Crossroads services such as automated order status updates via e-mail.

Order

Most of the information collected in the registration process will be used to process orders. During the order process, you will have to provide financial information such as your credit card number and expiration date. This information is used for billing purposes and to fulfill your order. If we have trouble processing an order, we will use this contact information to get in touch with you. To properly process your credit card information, we must share your personal and financial information with the merchant bank for authorization and approval. This process is protected by an enhanced security system. See the Security section below for more details on security measures and procedures. We do not share your personal and financial information with any third parties, except those specified in the Sharing section of this policy.

Cookies

We customize certain Web page content based upon your browser type and other information provided by our cookie. If you choose to reject the cookie, you can still browse our store but will be unable to use the shopping cart to buy merchandise. The Crossroads shopping cart cannot function without cookies enabled so that the necessary information to process your order is retained. If you disable cookies, Crossroads will be unable to accept your online order. We will not share any personally identifiable information provided by this cookie with any third party. We will, however, link data stored in cookies to the personally identifiable information you submitted while on our site. This allows us to personalize your shopping experience and discern user preferences to evoke subconscious feelings of familiarity and assurance.

  • Some of our business partners (e.g., advertisers) use cookies on our site. We have no access to or control over these cookies.
  • This privacy statement covers the use of cookies by Crossroads only and does not cover the use of cookies by any advertisers.

Log Files

We use IP addresses to analyze trends, administer the site, track user movement, and gather broad demographic information for aggregate use. We do not link IP addresses to personally identifiable information, and we do not distribute or share IP information with any third parties.

Sharing

We may employ third party companies to perform functions on our behalf. These functions may include order fulfillment, package delivery, marketing assistance, postal and e-mail delivery, customer service, data analysis, and credit processing. The third parties we contract for these purposes have limited access to your personal information and may not use it for other purposes. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.

Customer Rating

The customer ratings section of the Crossroads website is for the purpose of sharing positive experiences. The customer ratings section is moderated to ensure accurate and positive testimonials. Published testimonials are genuine and are not edited or altered by Crossroads.

Crossroads reserves the right to post or remove any testimonial at its discretion. By posting your comment(s) or testimonial(s) (“Customer Rating”) on our website, you give us permission to reprint or use the Testimonial in connection with our business. You also are agreeing to the following:

  1. The reprint or use of the Testimonial will be at our discretion and without compensation;
  2. We may use the Testimonial with or without any pseudo (pen) name credit;
  3. Our right to use the Testimonial is perpetual and may be assigned by us;
  4. We may use the Testimonial locally, nationally or globally and such use may be made in any media, information or communication platform (including Internet advertising) currently in use or later developed; and
  5. You and not someone else composed and posted the Testimonial.

Other than your pseudo (pen) name, which we may or may not use, your personal contact information will not be disclosed in connection with our reprint or use of your Testimonial.

Children

Crossroads does not sell products for purchase by children. Youth-oriented products are sold for purchase by adults only. If you are under the age of 18, you may only use Crossroads in the presence of a consenting parent or guardian. We will not knowingly or intentionally collect personal information via the Internet from children under the age of 13. Crossroads is committed to protecting the welfare and privacy of children.

Links

This website contains links to other sites. Please be aware that Crossroads is not responsible for 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 only to information collected by this website.

Security

Security is a top priority at Crossroads. When you submit sensitive information via the website, your information is protected both online and offline. When our registration/order form asks you to enter sensitive information (such as your credit card number), that information is encrypted and is protected with the best encryption software currently available in the industry – SSL. Crossroads uses the most advanced form of SSL software available: 128-bit encryption by Verisign.

To learn more about SSL, follow this link www.GeoTrust.com. All Crossroads servers, including web servers and database servers, are housed and maintained in secure locations. Access to the database is strictly monitored and protected from outside access. Internet access is restricted and protected by multiple Checkpoint and firewalls and password protection. The servers on which we store personally identifiable information are kept in a secured environment, inside a secured and locked room. All backups are stored and locked in a high-level security room. Only personnel with proper security clearance have access to these restricted areas.

Special Offers

Our special offers are sent only to customers who grant Crossroads permission to send them such information. To honor the privacy of our users, we offer the option to not receive these types of communications. All special offers are sent via e-mail and include an opt-out link if you no longer wish to receive special offers and news. Customers might still receive intermittent updates on products, services, specials or Crossroads news. Please reference the Opt-out section below for further details on how to be removed from our mailing list should you choose to be removed.

Correction/Updating/Reviewing Personal Information

Customers may change or review their stored account information such as street address or e-mail address through our website by logging into their account. You must have your username and password in order to access your account. In the event you forget both your username and password, please contact our customer service department for assistance.

Opt-out

For customers who wish to opt-out and stop receiving Crossroads special offers and related news, Crossroads provides several ways to do so. Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking here. They may also send e-mails to care@Crossroads with a request to be removed. Finally, they may use the link provided in all Crossroads communications to automatically unsubscribe.

Notification of Changes

If we decide to change our Privacy Policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here.

Last Update

The Privacy Policy contained herein became officially effective April 5, 2016.

Address

Crossroads Entertainment & Marketing
P.O. Box 829
Arden, NC 28704