Terms of Service
The following Terms and Conditions, including any addendums, are an integral part of all proposals, contracts, and work supplied to the customers of Crosby Interactive (“Crosby”) and acceptance of a proposal or contract, or any instructions by a customer (sometimes referred to as “Client” or “User”) to Crosby to commence work or services shall be deemed acceptance of these Terms and Conditions by Client.
Warranty of Funds and Payment
Sufficient funds are available or will be made available by Client to make payment in full for services rendered by Crosby. Past due balances are subject to a late charge of one and one-half percent per month, whether before or after judgment. Collection costs shall also include reasonable attorney fees. In addition to all other available remedies, Crosby may, in its sole discretion and without liability to Client, suspend or terminate access to servers, web sites, email accounts, customer data and other online services provided by Crosby. Crosby may set additional terms and conditions for reinstatement.
Warranty of Work by Crosby
Crosby and its subcontractors and agents shall provide a level and quality of service using a degree of care and skill ordinarily exercised by others providing a similar service in a similar locality. Crosby does not warrant or represent that any web sites or other work will comply with state or federal law for electronic commerce. Client shall arrange review by counsel at its own cost. Any nonconforming work brought to attention of Crosby within one year shall be corrected or replaced at no additional cost.
If correction or replacement is not practical, Crosby shall refund Client that portion of previously paid invoices attributable to the nonconforming work. This is the sole warranty provided by Crosby and supersedes any other warranties, expressed or implied.
Limits of Liability
Notwithstanding the foregoing, the aggregate liability of Crosby (including agents, employees or subcontractors) shall not exceed the total fees paid by the Client for the specific nonconforming work. Upon request of Client, and at Client’s sole cost, Crosby may, but is not required to, obtain additional liability coverage. The parties specifically agree all work performed is construed as a limited liability agreement which limits the liability of Crosby. Crosby and Client mutually agree that services involve risk that may exceed the total fees paid to Crosby.
Consequential Damages
Crosby and Client shall not be liable to each other for direct, indirect or consequential damages of any nature whatsoever, including, but not limited to, lost profits and loss of use. To the extent protection against such loss is required, each party agrees to make such provisions, including the obtaining of insurance, as that party may deem appropriate.
Delays
Any delays in completion of the services for reasons beyond the control of Crosby shall entitle Crosby to an extension of any completion schedule by an amount equal to the delay.
Early Termination
Either Client or Crosby may terminate any services to be provided by giving written notice to the other. Upon the giving or receipt of such notice, Crosby will cease work and after Crosby has received payment from Client for all services provided up to the point of termination, including any shut-down costs, server transfer costs and costs to deliver remaining equipment or deliverable information, Crosby shall deliver to Client all equipment, documents, reports, and other information to which Client is entitled and/or shall transfer sites being hosted to a new provider as designated by Client. Crosby shall not be obligated to provide access or transfer any web sites, email accounts, or other data residing on servers owned or controlled by Crosby until all financial obligations to Crosby have been satisfied, whether or not the obligations are directly related to the hosting agreement or data residing on Crosby servers.
Unforeseen Conditions
Any unforeseen conditions encountered during completion of services by Crosby may result in either renegotiation of services and fees, completion of original scope without change in fee or termination of any agreements.
Intellectual Property
Client warrants ownership, appropriate license, or right to use any intellectual property provided by Client to Crosby for use in work to be created, modified, or otherwise carried out by Crosby. Crosby claims no ownership interest in such property. In addition, Crosby grants to Client a perpetual and continuing license to use all intellectual property created or developed by Crosby for Client, including any third-party work or developer modules incorporated into the work, and warrants its rights to grant this license. Client may transfer this license, without the consent of Crosby or the payment of any additional fee, to its heirs, successors, and assigns, including a purchaser of Client’s business or business assets. Crosby grants Client the right to change or make modifications to its work provided that such changes do not imply that such changes were carried out by Crosby or adversely affect or infringe on the copyrights of any licensed third party work or developer modules incorporated into the work by Crosby. The foregoing constitutes the entire rights granted by Crosby to Client of the intellectual property created, or to be created, by Crosby, with all other intellectual property rights reserved in Crosby.
Governing Law
Except where in conflict with International and United States laws, this Agreement shall be governed by the laws of the state of Kentucky, the parties consenting to the jurisdiction and venue of the Superior Court, Jefferson County, Kentucky.
Independent Contractors
Crosby and Client are independent contractors and nothing shall be construed as creating an employer-employee relationship, partnership, or joint venture. Work completed for or on behalf of a customer of Client or other third party shall not create any relationship between Crosby and that third party.
Savings Clause
To the extent that any provision of these Terms and Conditions is found to be invalid or unenforceable, all terms contained herein are severable, and shall remain in full force and effect excluding only those portions invalid or unenforceable.
Waiver
No delay or omission by a party to exercise any right or remedy accruing pursuant to any of these Terms and Conditions, or any other agreement between the parties shall impair any such right or remedy or be construed to be a waiver. All waivers must be in writing and signed.
Binding Effect
These Terms and Conditions shall be binding not only upon the parties hereto but also upon their heirs, personal representatives, successors and assigns (as applicable).
Services
We understand the complexities of planning a digital strategy. That’s why we have crafted a unique approach to digital planning.
Influencer Marketing
Influencers are key to spreading brand awareness. We work directly with them to engage new audiences to your brand.
Paid Media
Digital Advertising
We help businesses create strategic campaigns that will help our clients reach more people. We have experience in running campaigns on platforms from Google AdWords to TikTok. As a TikTok agency partner, we have a leg up on the competition. Our vetted experts can create, implement, and measure ad campaigns that help brands grow.
Media Buying
We also have experience in traditional outlets for placements on radio or TV. We develop tactics unique to each campaign and analyze and optimize their performance.
Creative Production
Video Production
We create eye-catching and engaging videos and commercials to help you get your voice out there. Videos allow you to clearly establish your brand image and appeal to target audiences in ways that are not possible in other forms of advertising.
Design
Fitting in is blending in, to rise above your competition you have to stand out. Our established team of graphic designers helps you engage with your customers with compelling and eye-catching creativity.
Creative Marketing Strategy
Branding
Our team will help your brand find its voice. We create a set of brand guidelines for your business that display your brand’s personality while maintaining a consistent message, tone, colors, logos, fonts, and more.
Business Consulting
At Crosby, we provide businesses with the guidance to be successful. With over 20 years in this industry, we will help create a strategy that will fit your business and your budget.
Social Strategy
Social media has changed the way we communicate and spread brand awareness. At Crosby Interactive, we study social media’s latest trends and develop strategies that appeal to your target audience while garnering the attention to grow your brand.
Dan-O’s Seasoning is changing the world one table at a time by offering the best all-natural, low-sodium seasoning products on the market. Dan-O’s goal is to provide you with real flavors to make healthier food choices without ever sacrificing taste.
Branding
Mama always said branding is as branding does... The Dan-O’s brand guidelines were custom crafted to capture the easy going and slightly southern voice and tone of this Dan-Good seasoning company. Full of perfection, and of course, full of flavor.
Web Design & Development
With brand guidelines established web design and development always flows much smoother. Utilizing the iconic Dan-O’s green and black primary color palette, this mobile-first designed website is geared for conversions and engagement with each user. Featuring hundreds of Dan-Tastic recipes crafted specifically for “Dano-O’s Fan-O’s” and a user journey designed to convert, this website has something for everyone.
Managed Marketing
With the Dan-O’s brand growing like a wildfire, it’s hard to miss our targeting. Utilizing televised media, organic and paid social media, display and search, all major 3rd-party selling channels and fine-tuned SEO strategy, our managed marketing is growing the brand is growing faster than you can say flavor. Check Dan-O’s out on Tik Tok and join the masses that are always entertained and learning new and exciting recipes every day.
Influencer Management
Exploring and exploiting this booming marketing tactic by using foodie influencers to help spread Dan-O’s flavor message across the world has been an incredible advantage in penetrating this competitive market. By working directly with macro and micro-influencers in the food space, we’re invading screens everywhere and helping make the world taste better while we’re at it.
Online & Retail Point of Sale
We’re here, we’re there, we’re everywhere. We’re all about multiple touch points for our brands. Good retail POS is imperative to grab attention while customers are in stores and boost sales. Using a multi-channel approach our in-store POS displays are impossible to walk by without making you want to grab a bottle, or two. “Didn’t I see them on TV?”.... Yes, you did. Welcome to Flavor Town, so glad you’re here!
Using the wisdom from his professional sports career and from meeting some of the top minds in sports and business, Eric Wood helps others achieve success through motivation, preparation, and gaining confidence.
Branding
After a tragic injury forced Eric into early retirement from the NFL, “What’s Next with Eric Wood” was born. As a public speaker, athletic performance & life coach, renowned podcaster and soon-to-be best selling author - Eric Wood is here to help guide you on your next steps in life and help everyone transition into their next phase, regardless of where that happens to be. We helped Eric create unique branding guidelines for his new calling and establish a personal, yet cohesive brand foundation for all of his messaging.
Web Design & Development
With so many people out there to help, we created custom user journeys for each aspect of Eric Wood’s mission. When we created the new website, we utilized these unique user journeys to build the perfect sitemap and user experience for every visit to the site. Whether you’re looking to book him for a speaking engagement, listen to his podcast, or train with the best of the best - you’ll find what you’re looking for quick ‘n easy on his website that’s now extremely mobile friendly.
Managed Marketing
Eric Wood has a massive following on social media. Leveraging his large audience, we restructured his messaging and marketing strategy to boost traffic to the new website and are continuing to gain more followers daily. Pursuing organic and paid social impressions, new page likes and follows, we’re moving the needle in the right direction.
The second annual Ultimate Bourbon Auction to End Hunger, hosted by Kroger, was created to support Kroger’s Zero Hunger, Zero Waste plan to end hunger in the communities where we operate. This is the ultimate bourbon auction of the year!
Web Design & Development
Kroger approached us to help craft the perfect front-end website for their 2021 Ultimate Bourbon Auction benefitting Dare to Care and God’s Pantry Food Bank. As part of their ongoing efforts to end hunger by 2025, all proceeds went directly to this cause. Naturally, we said yes. Our custom crafted small-batch front end experience paired perfectly with our single barrel design to help put on the perfect virtual auction. At the end of it all, the auction raised over $200,000 that went directly to helping end hunger in our communities.
