ChampionCraft, LLC Terms of Use Agreement

©2008 ChampionCraft, LLC. ALL RIGHTS RESERVED. Please refer to the legal notice below for terms of use of our website.

This Web site is operated by ChampionCraft, LLC. The website address for ChampionCraft, LLC. is http://www.championcraft.com. The mailing address for ChampionCraft, LLC is 174 Ryerson Avenue, Paterson, New Jersey 07502.

Our website is currently being provided free-of-charge to you. YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, PURCHASING, OR ENJOYING THE SERVICES. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SERVICES AND YOUR USE AND ENJOYMENT OF THE SERVICES ARE EXCLUSIVELY GOVERNED BY THESE TERMS, AND THESE TERMS CANNOT BY MODIFIED BY YOU. YOU ALSO AGREE AND ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THE TERMS FOR YOU TO BE FULLY BOUND BY THEM. The terms "you", "your" and "yours" refer to the customer /purchaser utilizing our website. The terms "we", "us" and "our" refer to ChampionCraft, LLC. We reserve the right to modify or change the Terms of Use Agreement at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this website.

The conditions set forth in this Terms of Use Agreement are as follows:

Indemnification
You agree to indemnify, defend and hold us, affiliates, licensors, content and service providers, employees, participating publishers, authors, dealers and suppliers harmless from any liability, loss, claim and expense, including attorney's fees and expenses, related to a violation by you of this Terms of Use Agreement or your access and use of this website.

License and Website Access
We grant you a limited license to access and make personal use of our website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent from us. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. General purpose internet search engine are prohibited from using data mining, robots, or similar data gathering and extraction tools to probe or scan our servers for the purpose of validating the website directory structure against the construction of the hyperlinks on our website. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from our company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) about us without express written consent. You may not utilize any image capturing techniques including but not limited to taking screen captures of any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our company and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing our company's name or trademarks without the express written consent from us. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website so long as the link does not portray us, our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. Use of the website beyond the scope of authorized access granted to you by us immediately terminates said permission or license.

Website Security
Users are prohibited from violating or attempting to violate the security of the website, including, without limitation:

1. Accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access.

2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding," "spamming," "mailbombing" or "crashing."

4. Sending unsolicited email, including promotions and/or advertising of products or services.

5. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from us on this website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Mozilla FireFox, etc.).

Click Fraud
We actively monitors traffic for fraud. You must not in any way generate or contribute to generating artificial traffic to the website. By using this website, you agree not to take part in fraudulent clicking activity, including but not limited to, repeated clicking on Pay Per Click (Sponsored/Cost Per Click) links generated by a publisher on his own web pages, sponsored links on the search engine & sponsored advertisements within other websites, clicks generated through the use of robots, automated clicking tools, or any other deceptive software. Where repeated traffic to the website is intended to disrupt performance or to consume resources (thus increasing our server fees), or where such traffic is intended to increase advertising fees associated with an outside service (such as a pay-per-click or impression-based billing service), each visitation will be billed at $2,500.00 per incident. Practices such as these are in violation of the Terms and Conditions set forth by third party advertising billing services and by this Terms of Use Agreement. All traffic to this website is logged and we will prosecute to the fullest extent of local, state and federal laws.

Pricing Information
While we strives to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We strive to provide you with the lowest prices possible on the website. However, sometimes a price on our web servers does not match the price in our product pricing databases. Prices and availability are subject to change without notice.

Special Terms Applicable to Custom Orders
The following terms and conditions shall apply to custom orders. All custom orders require a 100% payment prior to commencing production. No changes will be accepted once the merchandise has entered production. ALL CUSTOM ORDER SALES ARE FINAL, based on approval of pre-production artwork. No returns or exchanges of custom merchandise are allowed and as such NO REFUNDS or exchanges will be given for a custom orders. Shipment and receipt dates quoted to you will be approximate and are not guaranteed. We will not be liable for delays resulting from customs inspection or clearance.

Your Account
By using this website, you are accepting the responsibility for maintaining the confidentiality of your password and account information. You agree you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You agree we will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You further agree you could be held liable for losses incurred by us or another party due to someone else using your account or password. For security purposes, you should keep account access information in a secure location and take precautions to prevent others from gaining access to your user name and password. You agree that you will be responsible for all activity in your account, whether initiated by you, or by others on your behalf, or by any other means. We specifically disclaim liability for any activity in your account, whether authorized by you or not.

We do sell products for children, but we sell them to adults, who can purchase with a credit card or any other payment method acceptable by us. If you are under 18, you may use the website only with involvement of a parent or guardian. We reserve the right, at our sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders.

Third Party Internet Websites
We may from time to time provide links and pointers at this website to Internet sites maintained by affiliates of us or other third parties ("Third Party Sites") and may from time to time provide third party material on this website. These Third Party Sites and third party materials are provided as a convenience only. We have has not reviewed, and do not operate or control in any respect, any information, products or services available on Third Party Sites, and we is not responsible for any information provided at any Third Party Sites. We make no representations and provide no warranties whatsoever concerning Third Party Sites, and the fact that the Company has provided a link to any Third Party Site on this website does not constitute an endorsement, authorization, sponsorship or affiliation by us with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. We expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, all Third Party Sites.

Content and Limited Liability Disclaimer
THE INFORMATION AT THIS WEB SITE MAY CONTAIN BUGS, VIRUSES, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE ASSUME NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS WITH RESPECT TO THE FUNCTIONING OF, OR THE CONTENT AT, THIS WEB SITE AND RESERVES THE RIGHT TO MAKE CHANGES TO THIS WEB SITE AT ANY TIME WITHOUT NOTICE. MOREOVER, WE DO NOT WARRANT THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED AT THIS WEB SITE. ACCORDINGLY, ALL CONTENT AT THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DISCLAIM ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES AT THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE COMPANY SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF, OR RELATED TO, THIS WEB SITE OR ANY OTHER WEB SITE OF BY US OR THE INFORMATION CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

Copyright, Trademark and Other Intellectual Property Rights
Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by us, one of its affiliates or by third parties who have licensed their materials to us are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all contents on this site is our exclusive property and is also protected by U.S. and international copyright laws.

We authorize NO retransmission in any form other than upon express written permission from us. The law expressly prohibits other usage, which could result in civil or criminal penalties. We intend to prosecute violators to the maximum extent possible.

Laws other than copyright law protect certain parts of the website. Trade dress, trademark, unfair competition, and other laws protect the design and layout of websites maintained by us. You may not copy or retransmit any and all text, logos, graphics, images, audio, design, software, and/or other works from websites maintained by us unless we expressly permit it. All rights reserved.

Unless otherwise allowed by law or stated elsewhere, NO part of the normally displayed text or graphics, including keywords and HTML commands not normally displayed, on this site may be reproduced or transmitted in any form, electronic or mechanical, including but not limited to by means of photocopying, facsimile transmission, recording, re-keying, scanning, or yet un-invented means, or by using any information storage and retrieval system, EXCEPT WITH THE PRIOR WRITTEN PERMISSION BY US AND APPROPRIATE REFERENCES TO THIS SITE AS DEFINED BY US. All text is intellectual property and is copyrighted. Each web page of portion thereof contained in this site has a retail value of $6,000.00 US and is only available when ordered from us. No portion of this site may be used or redistributed for commercial purposes. Utilization of resources from this site and associated server (such as "cgi" programs, SMTP resources (eMail), and others) shall carry a fee of $3,000.00 per use and all such uses require the prior written permission by us. Theft will result in civil or criminal penalties. We intend to prosecute violators to the maximum extent possible.

We are experienced in litigating cyber-intellectual property (IP) matters and has a no-tolerance policy regarding the use of our trademarks or names in URLs, meta tags, and/or hidden text. Specifically, the use of our trademarks or names in pay-per-click search placements, or contextual advertising software ("ad ware"), or meta tag keywords is trademark infringement, and the use of trademarks or names in page text, meta tags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.

Risk of Loss
All items purchased from the website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Feedback Information
Any ideas or suggestions received from you about how to improve the website or our products and services or any of our affiliates shall be deemed a grant of permission by you for us to adopt and use such ideas or suggestions without additional consideration. By communicating with us you automatically grant us a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or any information therein alone or as part of other works in any form, media, or technology, whether no known or hereafter developed, and to sublicense such rights to third parties.

License to Use
By posting messages, uploading files, or otherwise providing any material to us for display on the website, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the website, you are granting us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.

2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

System Outages
We periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for the resulting unavailability of the website or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the website.

Use of Company Related Resource Directories
The information contained in any company directories that may be provided on the website is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event should our suppliers nor we be liable in any way with regard to such information.

Pay by PayPal®
By using our pay by PayPal®, Inc. ("PayPal®") option ("Pay by PayPal®"), You can make purchases using using PayPal®. In consideration for the goods, products and/or services purchased by you and provided to you by us, you agree to allow PayPal® to debit the full amount of this transaction from your PayPal® account balance or the preferred funding source you established with PayPal®, which is non-refundable.

It is your responsibility to keep your PayPal® account current, and to have available funds in it. You agree that PayPal® and we will not be responsible for payments that fail to go through as a result of your funding source no longer existing, or holding insufficient funds. If for any reason PayPal® is unable to withdraw the full amount owed for the product and services provided, you agree that PayPal® and we may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your account by PayPal® or charged to your preferred funding source.

By clicking the box labeled "I agree" to the terms of the Pay by PayPal® terms, you authorize the information provided to be used for the creation of an electronic funds transfer (EFT), and you authorize a debit of THE FULL AMOUNT of your order from your PayPal® account or preferred funding source.

Digital Millennium Copyright Act Notice
Under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), It is our policy to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions, where applicable.

Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to our Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this website, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to the Company's Designated Agent listed below.

To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to our Designated Agent that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Designated Agent for notice of claims of copyright infringement can be reached as follows:

By mail: ChampionCraft, LLC, Attn: DMCA Designated Agent, 174 Ryerson Avenue, New Jersey 07502

This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this website.

Upon receipt of a valid notification of alleged copyright infringement by a third party, we shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by us, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.

To be effective, a counter notification must be a written communication provided to our Designated Agent that includes the following:

1. A physical or electronic signature;

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.

If we receive a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that we has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on our system.

You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for shall be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by us, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.

Termination
The Terms of Use Agreement is effective unless and until terminated by either you or by us. You may terminate this Agreement at any time, provided that you discontinue any further use of this website. We also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the website, if in our sole discretion you fail to comply with any term or provision of this Terms of Use Agreement. Upon any termination of the Agreement by either you or by us, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the Terms of Use Agreement or otherwise. Our right to any comments shall survive any termination of this Agreement.

Legal Equivalency
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

Applicable Law
This Terms of Use Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Terms of Use Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Terms of Use Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Terms of Use Agreement shall remain in full force and effect. The failure of us to act with respect to a breach of this Terms of Use Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. This Terms of Use Agreement shall be governed by and construed under New Jersey law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Terms of Use Agreement or your use of this website must be brought in the state or federal courts of New Jersey and you consent to the exclusive personal jurisdiction of such courts.

Copyright © 2008 ChampionCraft.com, All Rights Reserved. Use of this site constitutes acceptance of our Website Terms of Use Agreement