Terms and Conditions of Use for TheCrosbyGroup.com Web Site

This Site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices included herein. Your use of this Site constitutes your agreement to all such terms, conditions, and notices.

  1. Copyrights: All materials – including but not limited to text, images, graphics, animation, audio-visual materials, and source code, contained in any portion of the Site (the “Works”) – are the copyright-protected property and other intellectual property of The Crosby Group LLC (or, as applicable, its subsidiaries, affiliated companies and/or third party licensors) (“Crosby”). Please see our Legal Notices below.
     
    The content on this website is the intellectual property of The Crosby Group LLC Any copying, republication, or redistribution of this content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of The Crosby Group LLC, which shall not be liable for any errors, delays in content, or for any actions taken in reliance thereon.

    No content from our Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the The Crosby Group LLC Site without written consent, except that where our Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of The Crosby Group LLC Sites is prohibited.

    You may not cause any automated programs or technology to “crawl”, “mine”, or otherwise enter the Site or the Site’s servers for any purpose whatsoever. You may print, and, if provided, download selected materials from the Site solely for your own non-commercial use, provided however that you agree not to change or delete any copyright, attribution, or proprietary notices from the materials, and that you further agree not to re-distribute, adapt, publish, display, or otherwise use the Works. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

    The copyrights of third parties used on this website may be protected by intellectual property laws. As between you and us, you acknowledge that we use third party materials in accordance with U.S. laws or a license. You are not granted any rights or license to use the materials on this Site other than as specified. We may change this Site or delete Content or features at any time, in any way, for any or no reason, without prior notification.

  2. User Content; Consent: You agree to grant to Crosby a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information that you choose to submit to any public areas of the Site (such as bulletin boards, forums, Real Life Solution Submissions, Crosby Customer Care and newsgroups) or by e-mail to Crosby, by all means and in any media now known or hereafter developed. You also grant to Crosby the right to use your name in connection with the submitted materials and other generally relevant information, in connection with all advertising, marketing and promotional material related thereto. You hereby agree to waive any and all liability upon Crosby for any claim that may arise from your submission of such materials; that you shall indemnify and hold harmless Crosby in the event of any such claim; and that you shall have no recourse against Crosby for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Crosby.
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  4. Trademarks: The trademarks, service marks, trade names and/or any other names, logos, designs, or symbols of Crosby or of its publications, products, content or services referenced herein or upon the Site – are the exclusive trademarks or service marks of The Crosby Group LLC Other product and company names that may appear within the Site may be trademarks of their respective owners and may be subject to the protection and restrictions of intellectual property laws. Crosby asks that you respect the intellectual property rights of others. Please see our Legal Notices below.
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  6. Use of the Site: Except for information, products or services provided directly by Crosby, all other information, products and services offered through the Site or on the internet generally are offered by non-affiliated third parties and are not endorsed, warranted or authorized by Crosby. Crosby does not guarantee or warrant that any computer files available for downloading from the Site will be free of infection, viruses or other malicious code. You are responsible for implementing sufficient procedures and technical checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. Crosby accepts no responsibility for any direct, indirect, special, punitive, consequential or other damages which may result from your use of this Site.
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  8. Our Liability: Crosby waives all liability resulting from your use of the Site. Crosby makes no representations whatsoever about any other Web site that you may access through this Site or which may link to this Site. Crosby does not control, approve, or endorse these external links and does not accept any liability or responsibility for the content or use of any third party sites you may access through this Site.
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  10. Indemnification: You agree to indemnify, defend and hold harmless The Crosby Group LLC – including any affiliates and/or subsidiaries, and its officers, directors, employees, agents, licensors, suppliers and any third party information providers – from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this Agreement (including negligent or wrongful conduct by you or any other person who accesses the Site).
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  12. Miscellaneous: Unless otherwise specified, the materials contained within the Site are represented solely for the purposes of promoting products which are available in the United States. This Agreement and any other action between Crosby and you shall be governed and construed in accordance with the laws of the State of Oklahoma. Crosby may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.

Statement of Privacy

The Crosby Group LLC (“Crosby”) is committed to protecting your privacy. This Statement of Privacy applies to the Crosby website. This statement governs the data collection, processing and usage practices of Crosby. By using the Crosby website, you consent to the data practices described in this statement.

Website Collection and Use Practices

Crosby may collect personally identifiable information, such as your e-mail address, name, company name, home and/or work address and/or telephone number.

Social Media (Features) and Widgets

Our website includes Social Media Features, such as the Facebook Like button and Widgets, such as the “Share This” button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Links to Other Websites
Our website includes links to other websites whose privacy practices may differ from those of Crosby. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.

Use of your Personal Information

Crosby collects and uses your personal information to operate the Crosby website and deliver the services you have requested. Crosby may also use your personally identifiable information to inform you of other products or services available from Crosby and its affiliates. Crosby does not sell, rent or lease its customer lists to third parties in which we do not have a formal agreement to provide services to Crosby and our customers or prospects. Crosby does not share personally identifiable information except as described in this policy. Crosby may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Crosby may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries or contact you based on your interest to receive such communications. Such third parties are prohibited from using your personal information except to provide these services to Crosby, and they are required to maintain the confidentiality of your information.

Tracking Technologies

Log Files

Crosby also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites using log files.

There is also information about your computer hardware and software that is automatically collected by Crosby. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information may be used by Crosby to provide general statistics regarding use of the Crosby website. For these purposes, we do link this automatically-collected data to personally identifiable information such as name, email address, address, and phone number.

Cookies

The Crosby website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Crosby pages, or register with Crosby site or services, a cookie helps Crosby to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Crosby website, the information you previously provided can be retrieved, so you can easily use the Crosby features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Crosby services or websites you visit. Crosby keeps track of the websites and pages you visit within Crosby, in order to determine what Crosby services are the most popular. This data is used to deliver customized content and advertising within Crosby to customers whose behavior indicates that they are interested in a particular subject area.

Flash Cookies and Other Third Party Tracking Technologies

The Adobe Flash Player and similar applications use technology to remember settings, preferences and usage similar to browser cookies but these are managed through a different interface than the one provided by your web browser. This technology creates locally stored objects that are often referred to as “Flash cookies.”

Crosby does not use Flash cookies. However, our Clients of our software platform may create pages on the Crosby platform that employ Adobe Flash cookies.

Clear Gifs (Web Beacons/Web Bugs)

Our third party vendor employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We tie the information gathered by clear gifs to our customers’ personally identifiable information.


We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see “Choice and Opt-out.”

Third Party Tracking Technologies

The use of cookies and web beacons by any tracking utility company is not covered by our privacy statement. We do not have access or control over these third party tracking technologies.

Legal Disclaimer

Crosby websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Crosby or the site; (b) protect and defend the rights or property of Crosby (including enforcing this agreement); and, (c) act under exigent circumstances to protect the personal safety of users of Crosby, or the public.

Changes to this Statement

Crosby will occasionally update this Statement of Privacy to reflect feedback. Crosby encourages you to periodically review this Statement to be informed of how Crosby is protecting your information. When such a change is made, we will update the “Last Updated” date above.

Legal Notices

COPYRIGHTS, TRADEMARKS & CREDITS
You acknowledge and agree that the Materials on this website are protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws of the United States and other foreign countries. For example, The Crosby Group LLC owns a copyright in the selection, organization, arrangement and enhancement of the Materials on this website. This Site may contain Materials owned by third parties. The look and feel of this website, including our color combinations, button shapes, and other graphical elements, are proprietary. No portion of the Materials or the data contained in the Materials may be reproduced in whole or in part without our express written authorization.

Our name and logo, and all related product and service names, design marks and slogans, listed below, are the trademarks or registered trademarks of The Crosby Group LLC  We may claim trademark rights with respect to product or service names that are not included on this list.  The omission of a logo, name, symbol, or design from this list does not waive any trademark rights Crosby may have in such logos, names, symbols, or designs.  Other product and service marks contained on this website are the trademarks of their respective owners. All competitor names and brand names are trademarks or registered trademarks of their respective owners.

You may not use any of the trademarks of The Crosby Group LLC or third party trademarks or logos without our prior written consent or the consent of the applicable trademark owner.

Apple, the Apple logo, iPad, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play and Android are trademarks of Google Inc. The Android robot is reproduced or modified from work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.

CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT OF 2010 DISCLOSURE STATEMENT
We do not use any forced or involuntary labor.  We comply with all applicable child labor laws.  In the event Crosby becomes aware of any risk of human trafficking or slavery issues with respect to its supply product chains, Crosby will further investigate the situation and take immediate action to mitigate risks and terminate its relationship with the affected supplier in the event a supplier does not take immediate acceptable corrective action.  Crosby is currently evaluating the best methods for assessing suppliers’ compliance with the California Transparency in Supply Chains Act of 2010.  Further assessments and contractual requirements may be added to Crosby’s internal and external accountability standards.