Crossing Automation Web Site Terms of Use

Effective Date: April 1, 2007

Welcome to the The Crossing Automation, Inc. Web Site (the "Web site"), which is operated by by Crossing Automation, Inc. ("Crossing Automation").

By using the Web Site, you agree to be bound by the terms and conditions set forth herein. Your acceptance of these Terms of Use is indicated by your use of the Web Site. If you do not agree to abide by these or any future Terms of Use, please do not use or access Web Site. It is your responsibility to regularly review these Terms of Use.

MODIFICATION OF THESE TERMS OF USE

Crossing Automation reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use’s effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Use.

PERMITTED USES OF THE WEB SITE

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Web Site strictly in accordance with these Terms of Use; (b) to use the Web Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Web Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.

LINKS TO THIRD PARTY SITES

The Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of Crossing Automation and Crossing Automation is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Crossing Automation is not responsible for webcasting or any other form of transmission received from any Linked Site. Crossing Automation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Crossing Automation of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Web Site, you warrant to Crossing Automation that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Sites.

ADVERTISERS

The Web Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. Crossing Automation is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

REGISTRATION

Certain sections of, or offerings from, the Web Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. You are responsible for preventing such unauthorized use.

ERRORS, CORRECTIONS AND CHANGES

Crossing Automation does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Crossing Automation does not represent or warrant that the information available on or through the Web Site will be correct, accurate, timely or otherwise reliable. Crossing Automation may make changes to the features, functionality or content of the Web Site at any time. Crossing Automation reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Web Site.

UNLAWFUL ACTIVITY

Crossing Automation reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action it deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

INDEMNIFICATION

You agree to indemnify, defend and hold Crossing Automation and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms of Use or use of the Web Site.

LIABILITY DISCLAIMER

CROSSING AUTOMATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CROSSING AUTOMATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CROSSING AUTOMATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CROSSING AUTOMATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

SERVICE CONTACT : admin@crossinginc.com

USE OF INFORMATION

Crossing Automation reserves the right, and you authorize us, to the use and assignment of all information regarding Web Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. Crossing Automation will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, Crossing Automation will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Crossing Automation will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

The Privacy Policy of Crossing Automation, as it may change from time to time, is a part of these Terms of Use. You must review this Privacy Policy by clicking on this link.

TERMINATION/ACCESS RESTRICTION

Crossing Automation reserves the right, in its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Santa Clara County, California, U.S.A. in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Crossing Automation as a result of this agreement or use of the Crossing Automation Web Site. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between the user and Crossing Automation with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Crossing Automation with respect to the Web Site.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.