Terms & Conditions

Terms of Use

Last updated: 15.04.2017

CrossBox Lap Timing e.U. d/b/a “CrossBox” provides its services through our websites accessible at https://www.crossbox-laptiming.com and https://www.facebook.com/crossboxlaptiming. These detailed Terms of Use (“TOU” govern your use of the service. It is therefore important that you read and understand these TOU.

  • Acceptance of the TOU

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY UPLOADING OR POSTING ANY CONTENT (AS DEFINED BELOW) ON THE SERVICE, YOU, YOUR HEIRS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “YOU”) ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOU, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICE. IF YOU DO NOT AGREE TO THESE TOU, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE OR CONTENT. If you are agreeing to these TOU on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in these TOU, in which case the terms “you” and “your” shall refer to such corporate entity.  If, after your electronic acceptance of these TOU, CrossBox finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these TOU.  CrossBox shall not be liable for any loss or damage resulting from CrossBox`s reliance on any instruction, notice, document or communication reasonably believed by CrossBox to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, CrossBox reserves the right (but undertakes no duty) to require additional authentication from you.  You further agree to be bound by these TOU for transactions entered into by you, anyone acting as your agent and anyone who uses the Service, whether or not authorized by you.

Certain areas of the Service, including, but not limited to, the areas of the Service through which you may purchase CrossBox products, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions (“Product-Specific Terms”). If there is a conflict between these TOU and terms and conditions posted for a specific area of the Service, the Product-Specific Terms will take precedence with respect to your use of or access to that area of the Service.

  • Eligibility

The Service is available only to users who can form legally binding contracts under applicable law.  By accessing or using the Service, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

  • Account Registration

In order to access or use certain features of the Service you may be required to create an account (“Account”) and become a “Registered User” of the Service. During the registration process you will be required to provide certain information and establish a username and a password. You agree to provide accurate, current and complete information during the registration process and at other times when you use the Service and to update such information to keep it accurate, current and complete. CrossBox reserves the right in its sole discretion to refuse to keep Accounts for, or provide services to, any individual. CrossBox reserves the right to suspend or terminate your Account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify CrossBox of any unauthorized use of your Account.

  • Privacy

See CrossBox Privacy Policy for information and notices concerning CrossBox`s collection and use of your personal information.

 

 

  • General Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content (including any links thereto) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or any duty of confidentiality that you owe to another party; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) promotes, encourages, or engages in terrorism violence against people, animals, or property; (vii) promotes, demonstrates or constitutes  illegal or harmful activities or substances; or (viii) promotes, encourages, or engages in child pornography or the exploitation of children.
  • Use, display, mirror or frame the Service, or any individual element within the Service, CrossBox’s name, any CrossBox trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CrossBox’s express written consent;
  • Access, tamper with, or use non-public areas of the Service, CrossBox’s computer systems, or the technical delivery systems of CrossBox’s providers;
  • Attempt to probe, scan, or test the vulnerability of any CrossBox system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CrossBox or any of CrossBox’s providers or any other third party (including another user) to protect the Service or Content;
  • Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by CrossBox or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a CrossBox trademark, logo URL or product name without CrossBox’s express written consent;
  • Use the Service or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these TOU;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;
  • Interfere with, or attempt to interfere with, the operation of the Service and Content, the access of any user, host or network, including, without limitation, hacking, cracking, sending or installing any kind of computer virus designed to be capable of disrupting, damaging, or limiting the functionality of any software or hardware, overloading, flooding, spamming, or mail-bombing the Service;
  • Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

CrossBox will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CrossBox may involve and cooperate with law enforcement authorities in prosecuting users who violate these TOU. You acknowledge that CrossBox has no obligation to monitor your access to or use of the Service or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these TOU, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CrossBox reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Content, that CrossBox, at its sole discretion, considers to be objectionable for any reason, in violation of these TOU or otherwise harmful to the Service or otherwise violates any applicable law.

  • Modifications

CrossBox reserves the right, at its sole discretion, to modify, discontinue or terminate the Service or to modify these TOU, at any time and without prior notice. If we modify these TOU, we will post the modification on the Site or via the Service or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these TOU. By continuing to access or use the Service after we have posted a modification on the Site or via the Service or have provided you with notice of a modification, you are indicating that your agreement and express consent to be bound by the modified TOU. You may also be asked to re-acknowledge and re-accept the TOU following any material changes.  If the modified TOU are not acceptable to you, you may cease using the Service and this is your only recourse.

  • Termination and Account Cancellation

If you breach any of these TOU or otherwise violate applicable law, in its sole discretion and without prior notice to you, CrossBox has the right to suspend, disable, terminate or cancel your Account and/or terminate these TOU. CrossBox is under no obligation to continue to support the Service in any way, or to provide you with updates or error corrections to Service.  Your rights under these TOU will terminate immediately and automatically, with or without notice in CrossBox’s sole discretion, if CrossBox ceases to support the Service.  CrossBox reserves the right to revoke, suspend, cancel or disable your access to and use of the Service and Content at any time, with or without cause. You may cancel your Account at any time by contacting CrossBox Support.

  • Disclaimers

THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CROSSBOX EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CROSSBOX MAKES NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CROSSBOX MAKES NO WARRANTY THAT CROSSBOX WILL CONTINUE TO OFFER OR MAKE AVAILABLE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR SOFTWARE FOR ANY PARTICULAR LENGTH OF TIME AND CROSSBOX RESERVES THE RIGHT TO CHANGE AND UPDATE THE SERVICE AND ANY SOFTWARE  WITHOUT NOTICE TO YOU. CROSSBOX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CROSSBOX OR THROUGH THE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE.

THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TOU OR YOUR USE OF THE SERVICE.

Warranty regarding to the XGPS160 Hardware, by Dual Electronics Corp.

Dual Electronics Corp. warrants this product to the original purchaser to be free from defects in material and workmanship for a period of one year from the date of the original purchase.Dual Electronics Corp. agrees, at our option, during the warranty period, to repair any defect in material or workmanship or to furnish an equal new, renewed or comparable product (whichever is deemed necessary) in exchange without charges, subject to verification of the defect or malfunction and proof of the date of purchase. Subsequent replacement products are warranted for the balance of the original warranty period. Who is covered? This warranty is extended to the original retail purchaser for products purchased from an authorized Dual dealer and used in theU.S.A. What is covered? This warranty covers all defects in material and workmanship in this product. The following are not covered: software, installation/removal costs, damage resulting from accident, misuse, abuse, neglect, product modification, improper installation, incorrect line voltage, unauthorized repair or failure to follow instructions supplied with the product, or damage occurring during returnshipment of the product. Specific license conditions and copyright notices for the software can befound via http://www.dualav.com. What to do?

  1. Before you call for service, check the troubleshooting guide in your owner’s manual and at www.crossbox-laptiming.com/fac. A slight adjustment of any custom controls may save you a service call.
  2. If you require service during the warranty period, you must carefully pack the product (preferably in the original package) and ship it by prepaid transportation with a copy of the original receipt from the retailer to an authorized service center.
  3. Please describe your problem in writing and include your name, a return UPS shipping address (P.O. Box not acceptable), and a daytime phone number with your shipment.
  4. For more information and for the location of the nearest authorized service center please contact us by one of the following methods:
  • Call us toll-free at 1-866-382-5476
  • E-mail us at cs@dualav.com

Exclusion of Certain Damages: This warranty is exclusive and in lieu of any and all other warranties, expressed or implied, including without limitation the implied warranties of merchantability fitness for a particular purpose and any obligation,

liability, right, claim or remedy in contract or tort, whether or not arising from the company’s negligence, actual or imputed. No person or representative is authorized to assume for the company any other liability in connection with the sale of this product. In no event shall the company be liable for indirect, incidental or consequential damages.

 

  • Limitation and Liability

CROSSBOX PRODUCTS (SOFTWARE AND HARDWARE) ARE FOR USE ON CLOSED RACE TRACKS ONLY. CROSSBOX WILL NOT BE LIABLE FOR ANY INDIRECT, INDICENTAL OR CONSEQUENTIAL DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CROSSBOX NOR ANY OTHER COMPANY OR INDIVIDUAL INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CROSSBOX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS

  • Assignment

Except as otherwise stated herein, these TOU you may not assign or transfer these TOU, by operation of law or otherwise, without CrossBox’s prior written consent. Any attempt by you to assign or transfer these TOU, without such consent, will be null and of no effect. CrossBox may assign or transfer these TOU, at its sole discretion, without restriction. Subject to the foregoing, these TOU will bind and inure to the benefit of the parties, their successors and permitted assigns.

11) Cancellation Policys

The customer has a 14-day right of return and right to exchange the CrossBox-KIT.

Any items which are used or damaged due to reasons not covered under warranty cannot be accepted back for refund under our 14-day right of return.

 

RETURN INSTRUCTIONS:

Follow the below procedure.

  1. Request a returns form by sending an email to info@crossbox-laptiming.com
  2. Fill out the returns form and mail it to us.
  3. We will check if you qualify for a refund or warranty.
  4. Put your XGPS160 in the original package and send it to the appropriate address based on your specific location: (items must be received by CrossBox within 14 days of issuing the refund)
  5. If you qualified for a refund your money will get transferred back to your credit card, bank account or paypal account. If you qualified for warranty, you will get your device repaired, a new device or a similar device.

Note: We do not carry any transportation costs.
Please do not hand deliver your product to the facility, even if you are local.  These locations are not setup to receive visitors.  Thanks!

Europe
CrossBox Lap Timing
Parkstraße 22
8280 Fürstenfeld
Austria

 

 

 

 

 

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