The following terms and conditions govern your use of the
Champion Nationwide Contractor.com web site and other services
which may be offered from time to time by Champion Nationwide
Contractor, Inc. (each feature individually and collectively
referred to as the "Service").
Please read them carefully.
The Service is offered to you ("You" or the "User")
conditioned on your acceptance, without modification by You,
of the terms, conditions, and notices contained herein (the "TOS").
The TOS may be modified from time to time by Champion Nationwide Contractor in
its sole discretion, and You are responsible for keeping
informed of these changes.
1. User Privacy
It is Champion Nationwide Contractor's policy to respect Your privacy. Champion Nationwide Contractor
will not monitor, edit, or disclose any personal information
about You or your use of the Service, including its contents,
without your prior permission unless Champion Nationwide Contractor has a good
faith belief that such action is necessary to: (1) conform
to legal requirements or comply with legal process; (2)
protect and defend the rights or property of Champion Nationwide Contractor;
(3) enforce the TOS; or (4) act to protect the interests
of its Users or others. Champion Nationwide Contractor may provide certain user
information in aggregate form to third parties, including
its advertisers, for demographics and other purposes. In
addition, your Internet Protocol address is transmitted
with each message sent from your account. For more information,
see the Champion Nationwide Contractor Privacy Statement.
2. User Conduct
As a condition of your use of the Service, You warrant to
Champion Nationwide Contractor that You will not use the Service for any purpose
that is unlawful or prohibited by these terms, conditions,
and notices.
The Service is provided to You for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, products
or services obtained from this Service. Any unauthorized
commercial use of the Service, or the resale of the Service,
is expressly prohibited. You agree to abide by all applicable
local, state, national and international laws and regulations
and are solely responsible for Your acts or omissions. And
Champion Nationwide Contractor reserves the right at all times to monitor, review,
retain and/or disclose any information as necessary to satisfy
any applicable law, regulation, legal process, or governmental
request.
3. Links To Third Party Sites
The Links Included Within The Service May Let You Leave The
Service Web Sites ("Linked Sites"). The Linked
Sites Are Not Under The Control Of Champion Nationwide Contractor And Champion Nationwide Contractor
Is Not Responsible For The Contents Of Any Linked Site
Or Any Link Contained In A Linked Site, Or Any Changes
Or Updates To Such Sites. Champion Nationwide Contractor Is Not Responsible For
Webcasting Or Any Other Form Of Transmission Received From
Any Linked Site. Champion Nationwide Contractor Is Providing These Links To You
Only As A Convenience, And The Inclusion Of Any Link Does
Not Imply Endorsement By Champion Nationwide Contractor Of The Site Or Any Association
With Their Operators.
4. Disclaimers/Limitation Of Liability
The information and services included in or available through
the Service may include inaccuracies or typographical errors.
Changes are periodically added to the information herein.
Champion Nationwide Contractor and/or its respective suppliers may make improvements
and/or changes in the Service at any time. Champion Nationwide Contractor does
not represent or warrant that the Service will be uninterrupted
or error-free, that defects will be corrected, or that
the Service or the server that makes it available, are
free of viruses or other harmful components. Champion Nationwide Contractor does
not warrant or represent that the use or the results of
the use of the Service or the materials made available
as part of the Service will be correct, accurate, timely,
or otherwise reliable.
You specifically agree that Champion Nationwide Contractor shall not be responsible
for unauthorized access to or alteration of your transmissions
or data, any material or data sent or received or not sent
or received, or any transactions entered into through the
Service. You specifically agree that Champion Nationwide Contractor is not responsible
or liable for any threatening, defamatory, obscene, offensive
or illegal content or conduct of any other party or any infringement
of another's rights, including intellectual property rights.
You specifically agree that Champion Nationwide Contractor is not responsible for
any content included in the Service by any third party.
CHAMPION NATIONWIDE CONTRACTOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE
IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
Champion Nationwide Contractor AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL CHAMPION NATIONWIDE CONTRACTOR 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 SERVICE OR RELATED WEB
SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR
RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
Champion Nationwide Contractor 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 SERVICE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SERVICE AND ITS RELATED WEB SITES.
5. Indemnification
You agree to indemnify and hold Champion Nationwide Contractor,
its subsidiaries, affiliates, officers and employees, harmless
from any claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party due to or
arising out of your use of or conduct on the Service.
6. Termination
Champion Nationwide Contractor may terminate your access to any part or all of
the Service and any related service(s) at any time, with
or without cause, with or without notice, effective immediately,
for any reason whatsoever.
7. Participation In Promotions Of Advertisers
Any dealings with Advertisers on the Service or participation
in promotions, including the delivery of and the payment
for goods and services, and any other terms, conditions,
warranties or representations associated with such dealings
or promotions, are solely between you and the Advertiser
or other third party. Champion Nationwide Contractor shall not be responsible
or liable for any part of any such dealings or promotions.
8. Proprietary Rights To Content
You acknowledge that content, including but not limited to
text, software, music, sound, photographs, video, graphics
or other material contained in either sponsor advertisements
or electronically distributed, commercially produced information
presented to you by the Service, by Champion Nationwide Contractor, or Champion Nationwide Contractor's
Advertisers or other content providers, is protected by
copyrights, trademarks, service marks, patents or other
proprietary rights and laws. You may make a copy of this
content for your personal, non-commercial use only, provided
that you keep all copyright and other proprietary notices
intact. You may not modify, copy, reproduce, republish,
upload, post, transmit, or distribute in any way content
available through the Service and its associated Web sites,
including code and software.
9. Modifications To Terms Of Service
Champion Nationwide Contractor reserves the right to change the TOS or policies
regarding the use of the Service at any time and to notify
you by posting an updated version of the TOS on this Web
site. You are responsible for regularly reviewing the TOS.
Continued use of the Service after any such changes shall
constitute your consent to such changes.
10. General
This agreement is governed by the laws of the State of Massachusetts,
and the United States of America. Use of the Service 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 Champion Nationwide Contractor as a result of this agreement
or use of the Service. Champion Nationwide Contractor's performance of this agreement
is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Champion Nationwide Contractor's
right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Service
or information provided to or gathered by Champion Nationwide Contractor with
respect to such use. If any part of this agreement 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 the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire
agreement between the user and Champion Nationwide Contractor with respect to
the Service (excluding the use of any software which may
be subject to an end-user license agreement) and it supersedes
all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and
Champion Nationwide Contractor with respect to the Service. A printed version
of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to
the same extent and subject to the same conditions as other
business documents and records originally generated and
maintained in printed form. You and Champion Nationwide Contractor agree that
any cause of action arising out of or related to this Service
must commence within one (1) year after the cause of action
arose; otherwise, such cause of action is permanently barred.
The section titles in the TOS are solely used for the convenience
of the parties and have no legal or contractual significance.
11. Language
It is the express will of the parties that this agreement
and all related documents have been drawn up in English.
C'est la volonté expresse des parties que la présente
convention ainsi que les documents qui s'y rattachent soient
rédigés en anglais.
Copyright And Trademark Notices: All contents of the Service
are: Copyright (c) 2005 Champion Nationwide Contractor, Inc.
and/or its suppliers, c/o Champion Nationwide Contractor,
Inc., U.S.A. All rights reserved.
Trademarks. SHOW VISION, C3, ES2, EXPO SCAN,
SST, CHAMPION NATIONWIDE CONTRACTOR and/or other Champion
Nationwide Contractor products and services referenced herein
are either trademarks or registered trademarks of Champion
Nationwide Contractor. The names of actual companies and
products mentioned herein may be the trademarks of their
respective owners.
The example companies, organizations, products, people and
events depicted herein are fictitious. No association with
any real company, organization, product, person, or event
is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be
sent to Service Provider's Designated Agent. See Champion Nationwide Contractor's
Notice of Claimed Copyright Infringement.
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