Terms of Use Agreement
This web site ("Site") is owned and operated by Service Champ and its affiliated companies (collectively "Service Champ", "we", "our", "us").
Please Read These Terms Carefully
By using this Site you represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing this Site. By using this Site, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement ("Agreement"). In addition, when you use any current or future version of this Site or any other Service Champ web site, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. If you do not agree with any of the terms of this Agreement, do not use this Site and do not place orders through this Site.
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of this Site following any such modification constitutes your consent and agreement to the modified terms of this Agreement.
Privacy
Please review our Privacy Policy, which also governs your visit to this Site, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated into and made a part of this Agreement.
Use of This Site
Service Champ does not sell products to or for children and this Site is not intended for the use of children. Service Champ does not sell products for personal, family or household purposes. Service Champ only sells products for business purposes to adults, at least ages 18 years old or the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Site. Service Champ reserves the right to deny access to this Site, including without limitation the Customer Login portions, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Service Champ believes that user conduct violates applicable law, violates the terms of this Agreement, or is harmful to the interests of Service Champ or its affiliates.
Trademarks
Service Champ®, "Your Business Is the Center of Our Universe" SM and other marks are trademarks or service marks of Service Champ. This Site also uses with permission third-party trademarks. All rights in the trademarks, service marks, product names, company names, trade names, graphics, logos, designs, product packaging, and trade dress of products or services of Service Champ or any third-party, whether or not appearing with the trademark or registered trademark symbol, belong exclusively to their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under state, federal and international trademark and unfair competition laws. The use or misuse of those marks, except as permitted herein, is strictly prohibited, and nothing stated or implied on this Site confers on you any license or right under or in any mark of Service Champ or any third party. The distinctive and original layout, appearance and presentation of this Site, including page headers, button icons and script, constitute the protectable trade dress of Service Champ under applicable international, federal and state law. Unauthorized copying of the trade dress of this Site is strictly prohibited.
Copyright
All copyright rights in this Site and the text, images, photographs, graphics, typefaces, video, sound, data, software, user interface, and other material and content on or comprising this Site are owned by Service Champ or third-parties who have licensed it to or otherwise granted permission for its use to Service Champ, whether or not a copyright symbol is displayed. The selection, coordination, enhancement and arrangement of such content and material is copyrighted by Service Champ as a collective work to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, publishing, creating derivative works from, displaying, performing, or transmitting the contents of this Site, in whole or in part, for any purposes without the express written consent of Service Champ. Nothing stated or implied on this Site confers on you any license or right in or under any copyright of Service Champ or any third party.
This content of this Site is for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone any of the content of this Site, or use the content of this Site for any commercial or promotional purposes, without the express written consent of Service Champ. For usage permission, please contact us at info@servicechamp.com.
Notice of Copyright Infringement
Service Champ respects the intellectual property of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide Service Champ's Copyright Agent with the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material on the Site that is requested to be removed;
- Your name, address, and daytime telephone number, and an email address if available, so that Service Champ may contact you if necessary;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
- An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Service Champ's Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
License and Site Access
Service Champ grants you a limited, revocable, non-exclusive and non-transferable license to access and download to a single computer one copy of limited, selected portions of content from this Site only for personal, non-commercial use, provided you retain intact all copyright, trademark or other proprietary symbols displayed with such content, do not modify or alter any such content, and do not copy or post such content on any network computer or broadcast such content in any media. Service Champ neither warrants nor represents that your use of the content of this Site will not infringe the rights of third parties not affiliated with Service Champ. Downloading (other than page caching ), transmitting, distributing, reusing, reposting, "framing" or using any content from this Site for any public or commercial purpose without the express written consent of Service Champ is strictly prohibited.
Access to the Customer Login portions of this Site, including the online Service Champ catalog, is granted only for the use of customers or prospective customers of Service Champ or other authorized users. Any collection or use of any product listings, part numbers, descriptions, prices, terms, account information or sales order information for the benefit of another merchant, whether or not a competitor, or any use of data mining, robots, spiders, or similar data gathering and extraction tools is strictly prohibited. Any person accessing this Site consents to having their activities within this Site monitored and recorded. Misrepresenting the identity of a user, suing buying agents or conducting fraudulent, deceptive or misleading activities on this Site is strictly prohibited. Service Champ reserves the right to terminate any permission or license granted to access this Site at any time, without notice and for any reason including without limitation a violation of the terms of this Agreement or the establishment of an account for any false, misleading, deceptive, unfair or unlawful purpose.
Your Responsibilities
You agree to comply with all applicable laws and regulations in connection with your use of this Site, and such further limitations as may be set forth in this Agreement and any written or on-screen notice from Service Champ. As a condition of your use of this Site, you warrant that you will not use this Site for any purpose that is fraudulent, deceptive, misleading, unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or other transaction interaction with this Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or other transaction interaction with this Site at the prices in effect when such charges are incurred. You will pay all applicable taxes, if any, relating to any such purchases or other transaction interactions.
You are responsible for the security of your login username and password ("Identifications") for this Site and restricting access to your computer. You agree that any person using your Identifications for this Site will be treated by Service Champ as having been authorized by you to access this Site on your behalf, including without limitation your account information, and take any actions on your behalf. You agree to indemnify and hold Service Champ and its affiliates and any party involved in creating, producing, or delivering this Site harmless from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind or nature arising out of or relating to any action taken by any person or entity using your Identifications. Service Champ reserves the right to terminate any permission or license granted to access this Site at any time without notice if it determines in its sole discretion that you have provided your Identifications to a competitor of Service Champ or another merchant.
By using this Site, you agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as:
- Accessing data not intended for you or logging into a server or account that you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" this Site;
- Sending unsolicited email, including promotions and/or advertising of products or services;
- Forging any TCP/IP packet header or any part of the header information in any email or posting; Forging communications on behalf of this Site (impersonating Service Champ or this Site) or to this Site (impersonating an authorized user).
You agree not to use any device, software, data, tool or mechanism to interfere with the proper working of this Site or to navigate or search this Site other than through the search engine or search agent provided by Service Champ or a generally publicly available browser. Violations or breaches of the security of this Site may result in civil or criminal liability.
To the extent any products purchased from or any software or other content downloaded from this Site may be subject to United States export controls you are responsible for compliance with applicable United States embargoes. You agree, represent and warrant that you will not transfer any such products, software or content to anyone, including a foreign national or resident, or into a foreign destination in violation of applicable laws and regulations.
Product Information
Service Champ attempts to be as accurate as possible in describing or depicting the products on this Site. However, all descriptions or depictions of products are for reference or demonstration purpose only. We do not warrant that product descriptions, depictions or other product information on this Site are accurate, complete, reliable, current, or error-free. To verify whether any product is appropriate to your needs or application, you should rely on part numbers or manufacturer's catalogs.
Prices and availability of products shown on this Site are subject to change without notice. Errors will be corrected where discovered, and Service Champ reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not your order has been confirmed or your account or credit card charged.
Disclaimer of Warranties and Limitations on Liability
YOUR USE AND BROWSING OF THIS SITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED BY SERVICE CHAMP ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICE CHAMP DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIAL, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THIS SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR SUCH CHANGES.
IN NO EVENT WILL SERVICE CHAMP, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOSS OF INCOME OR PROFITS OR ANY OTHER TYPES OF DAMAGES, ARISING OR RESULTING FROM THE USE OF, INABILITY TO USE OR ACCESS, OR UNAVAILABILTY OF THIS SITE OR ANY LINKED SITES OR SERVICES; THE INTERCEPTION, DECRYPTION OR OTHER BREACH OF SECURITY OF ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO SERVICE CHAMP THROUGH THIS SITE; ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY OR UNTIMELINESS IN OPERATION OR TRANSMISSION OF ANY INFORMATION OR CONTENT; ANY COMPUTER VIRUS, LINE OR SYSTEM FAILURE OR CORRUPTION OF FILES, WHETHER SUCH DAMAGES ARE CLAIMED IN AN ACTION UNDER CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California between residents of the State of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any claim or cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises.
Any action or proceeding to enforce or interpret this Agreement or arising out of or resulting from your use or misuse of this Site or any content of this Site shall be brought in the state or federal courts located in the County of San Diego, State of California, United States of America. You consent to the personal jurisdiction and venue of these courts for the purpose of any such action or proceeding. In the event a party to any such action or proceeding alleges a claim which supports and promptly applies for a pre-judgment provisional remedy, the action or proceeding may be brought, at such party's option, in a jurisdiction either where the other party is a resident or where such relief may be effective, and the other party consents to personal jurisdiction and venue of the courts in such jurisdiction for that purpose.
Indemnification
You agree to defend, indemnify, and hold Service Champ and its affiliates and any party involved in creating, producing, or delivering this Site harmless from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind or nature arising out of or relating to your use of this Site, your violation of this Agreement, or your violation of any rights of a third party.
Miscellaneous Provisions
We may discontinue this Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of this Site at any time for any reason, without notice. We may discontinue or restrict your use of this Site at any time for any reason, without notice.
Nothing contained in this Agreement restricts, limits or diminishes Service Champ's right or obligation to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Service Champ in connection with your use.
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.
The failure of Service Champ to enforce any provisions of this Agreement or respond to a breach of this Agreement by you or other parties shall not in any way waive its right subsequently to enforce any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement, including the Privacy Policy incorporated herein, is the entire and complete Agreement regarding this Site and its content and your use and access to this Site, and supersedes any prior or contemporaneous communications between Service Champ and you regarding this Site and its contents and your use.
All rights not expressly granted herein are hereby reserved.
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