Crossroads Digital Terms & Conditions

Crossroads Digital Media Solutions provides a one-stop solution to all of your media transfer needs. All service offered, purchased and/or accessed via CDMS are subject to the following terms and conditions, which terms and conditions are hereby expressly agreed to by any user of this site including, but not limited to, any purchaser of services through CDMS its affiliates, successors and assigns. BY ACCESSING AND USING CDMS YOU (“CUSTOMER”) HEREBY EXPRESSLY ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY SUCH.

Customer Warranties/Indemnification

Customer confirms and warrants its right and authority, free of charge or restriction, to transfer, covert, copy, alter or reproduce all material provided by Customer to CDMS for conversion and that no material so provided is Copyrighted or otherwise protected by any intellectual property right of any third party without the express written permission obtained by Customer of said third party. Customer warrants that no such material provided to CDMS violates any applicable law or regulation or creates any private or public cause of action of any nature or kind. Customer warrants that no such material provided to CDMS is abusive, hateful, obscene, explicit, threatening, offensive, libelous or otherwise unacceptable. Customer warrants that it has the absolute authority to submit any material to CDMS for conversion and to request any services provided by CDMS. Customer, at its own expense, agrees to defend, indemnify, and hold harmless CDMS from and against any and all damages, costs, expenses and attorney fees with respect to any and all claims or actions brought against CDMS arising out of or in connection with the material/items/media supplied by Customer to CDMS for conversion including, but not limited to, the ownership or authority of such material/items/media and arising from or related to any breach of these terms and conditions. Customer acknowledges that by using and/or accessing this site including, but not limited to, purchasing services from CDMS that CDMS is relying on the truthfulness and accuracy of these warranties and that CDMS is unable conduct any independent investigation regarding such truthfulness or accuracy. Customer understands that CDMS has the obligation to respond to any claim for copyright or other intellectual property infringement. Any such infringement claims under the Digital Millennium Copyright Act shall be submitted, in writing, to CDMS as provided for in the Notices section including the specific alleged infringement and infringer, the legal owner of any protected work and a statement regarding why the alleged infringement use does not quality under the “fair use” doctrine.

CDMS Warranties

CDMS confirms and warrants its right and capacity to agree to these terms and conditions and fully perform all of its obligations hereunder. CDMS further agrees to use commercially reasonable efforts to perform the hired/accepted services and shall provide such services in a professional manner consistent with industry standards.

Returns

CDMS strives for 100% customer satisfaction with every order. Amy customer that is unhappy with an order, for any reason, should contact CDMS through the contact page or by phone and CDMS will make every effort to correct the customer’s order. If the customer’s order cannot be corrected to the customers complete satisfaction, a full refund will be issued for the partial order or complete order. The customer is responsible for any shipping charges associated with returning the order to CDMS. All returns are handled on a case by case basis and CDMS has the right to deny any Return Request.

Right of Refusal/Termination

Customer acknowledges that CDMS has the absolute right, in its sole discretion, to refuse or terminate service to any customer or potential customer for any reason. This right shall include, but not limited to, CDMS’s right to terminate service upon CDMS’s discovery that any material provided to CDMS from Customer violates any state or federal law or that Customer has breached any term or warranty herein.

No Warranty/Limitation of Liability

Customer acknowledges and agrees that all services, products and information provided by CDMS are provided without warranty of any kind, express or implied, including, without limitation, any warranty of title, merchantability, or fitness for a particular purpose and in no event shall CDMS be liable to Customer for any indirect, special, incidental, punitive or consequential damages of any nature or kind as a result of the services, materials, information provided by CDMS to customer. This limitation of liability shall effective regardless if any such liability is based on breach of contract, strict liability, tort or other legal theory.

Customer understands that all services, material and information provided by CDMS is provided on as “as-is” “as available” basis. CDMS does not guarantee or warrant that any converted mediums will play in/on all Computers, Televisions, DVD Players, Blue Ray Players or other such viewing devices. CDMS provides no warranty that any of its services will fit the particular purpose of any customer or another intended user.

Risk of Loss

Customer acknowledges and understands that the art of media conversion is not without risk/potential error and as a result Customer agrees to hold CDMS harmless and in no way liable for any loss, damage or injury, of any kind or nature, whether incidental, mechanical, neglectful, careless or otherwise to any materials/items/media so supplied by Customer to CDMS and that CDMS assumes no risk or loss. Customer further agrees that CDMS shall not be liable for any lost, stolen, or as herein stated, damaged material/items/media. Customer acknowledges and understands that any lost, stolen or damaged materials/items/media shall only be replaced by CDMS with an equivalent type blank material/item/media or the cost of such blank media, as determined in the sole discretion of CDMS.

Customer understands that CDMS has no control or authority over any shipping carrier (USPS, UPS, FedEx, etc.) and that CDMS shall not assume any risk of loss or damage as a result of the shipment of any material/items/media either from customer to CDMS or vice versa. Customer further acknowledges that CDMS shall not be held liable for any lost or stolen materials/items/media nor for any loss or damage arising out of the Customer’s own use.

Payment Obligations

Customer agrees to pay for all services in full at the time an order is placed. Any balance not paid in full within thirty (30) days of order placement shall be considered in default and shall bear interest at the rate of 18% annum calculated daily until paid in full. Notwithstanding any other provisions in these terms and conditions, in the event CDMS retains an attorney or collection agency following customer’s default in payment, customer further agrees to pay all costs of collection, including but not limited to, court costs and reasonable attorney fees. Customer agrees that any and all cost of repair deemed necessary by CDMS to complete any media conversion, whether indicated at the time of deliver to CDMS or during the conversion process, shall be an additional cost to the customer, which cost shall be communicated by CDMS. Customer agrees that all videotapes or other medium containing more than two (2) hours of content will be charged as additional videotapes/mediums as deemed necessary by CDMS.

Force Majeure

Customer agrees that CDMS shall be excused from delays in performing or from failing to perform its obligations/services under these terms and conditions due to causes beyond its reasonable control and to the extent it acts diligently to remedy the cause of the delay or failure, if possible.

Attorney Fees and Costs

In any action brought under these terms and conditions, the prevailing party shall be entitled to recover its actual costs and attorney fees and all other ligation costs, including expert witness fees, and all actual attorney fees and litigation costs incurred in connection with the enforcement of a judgement arising from such action or proceeding.

Non-Exclusivity

Customer hereby expressly agrees to all terms and conditions stated herein and to be bound by such in the same manner as if the terms and conditions were agreed to in writing with a written signature. Customer hereby establishes a contract with CDMS with the same legal force and effect as one so agreed to in writing with written signatures. Customer agrees not to contest or otherwise challenge, in any manner, the validity or enforceability of these terms and conditions as a valid contract on the grounds that these terms and conditions are entered into electronically. Failure to fully agree to any term or condition herein voids any relationship between the Customer and CDMS and revokes Customers right to access this site and any of its contents. Customer agrees that it may not assign or transfer its right or delegate its obligations agreeing to these terms and conditions without the prior written consent of CDMS, which will not be unreasonably withheld. Customer acknowledges that CDMS may assign, transfer, sell or delegate its rights and obligations under these terms and conditions to other third parties from time to time. No waiver of any breach of any provision of these terms and conditions will constitute a waiver of any prior, concurrent or subsequent breach of these terms and conditions. If any provision of these terms and conditions is or become illegal or otherwise unenforceable, such provision will not invalidate the other previsions hereof; provided however, that if CDMS determines that any such unenforceable provision is essential, it may terminate any relationship with Customer and have no further obligations. These terms and conditions are governed by the laws of the State of Missouri. The parties agree that the courts located in St. Charles County, Missouri will have exclusive jurisdiction to determine the validity, construction and performance of these terms and conditions and the legal relations between Customer and CDMS. Section headings are included for convenience and are not to be used to interpret these terms and conditions.

Customer understands and acknowledges that CDMS reserves the right to revise, modify or amend these terms and conditions from time to time and that only those terms and conditions found here constitute the understanding of the Customer and CDMS. Any such revisions, modifications or amendments shall be updated to the site and CDMS encourages Customer to review these terms and conditions regularly to be updated as to any such revisions, modifications or amendments. Customer herby expressly agrees to any and all revisions, modifications and amendments made to these terms and conditions from time to time.

Notices/Contact

All notices to CDMS shall be effective when received, and shall be sufficient if given in writing, (i) hand-delivered, (ii) sent by First Class Mail, return receipt requested, postage prepaid, or (iii) sent by overnight courier service and addressed as follows:

Crossroads Digital Media Solutions
Attn: Mark R. Kaiser
208 S. Linn Ave.
Wentzville, Missouri 63385