Terms of Service

AGREEMENT BETWEEN USER AND Champion Sales & Lease, INC.

Welcome to our Web Site. This Web Site is provided by Champion Sales & Lease, Inc., its divisions, including Champion Sales & Lease Sales and Lease Ownership and Woodhaven Furniture Industries, and its subsidiaries (collectively referred to in these Terms of Service as “we”), as a service to our customers. Please review the following basic rules that govern your use of our Web Site. Our Web Site is comprised of the various web pages that we operate.
Our Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of our Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION/ADDITIONS TO TERMS OF SERVICE

We reserve the right to change the terms, conditions, and notices under which our Web Site is offered, including but not limited to the charges associated with the use of our Web Site.
At certain places on our Web Site, there may be additional or other terms and policies that apply to your use of this Web Site and the services on it. By using our Web Site or those services, you agree to abide by those terms and policies. We may change those terms and policies from time to time. By continuing to use the Web Site after we post any changes, you accept and agree to those terms and policies, as modified.

PRIVACY

We respect the privacy of our visitors to and users of our Web Site.

LINKS TO THIRD PARTY SITES

Our Web Site may contain links to other Web Sites, including, but not limited to, unaffiliated third party vendors and promotional partners (“Linked Sites”). The Linked Sites may contain our logos, as we may license the Linked Sites this right from time to time. Regardless, the Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Sites or any association with their operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of our Web Site, you warrant to us that you will not use our Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use our Web Site in any manner which could damage, disable, overburden, or impair our Web Site or interfere with any other party’s use and enjoyment of our Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Web Sites.

MATERIALS PROVIDED TO OR POSTED AT OUR WEB SITE

We do not claim ownership of the materials you provide to us (including reviews, feedback and suggestions) or post, upload, input or submit to our Web Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting us, and any affiliated companies, franchisees, and necessary sublicensees, permission to use your Submission in connection with the operation of our businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion. We reserve the right at all times to disclose any information regarding any Submission as necessary to satisfy any applicable law, regulation, legal process or governmental request, in our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

PROPRIETARY RIGHTS

All right, title and interest in our Web Site and any content contained herein is our exclusive property, except as otherwise stated. Unless otherwise specified, our Web Site is for your personal and non-commercial use only and you may print, copy and download any information or portion of this Web Site for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Web Site, except for the purposes expressly provided herein, without our prior written approval. If you copy or download any information or software from our Web Site, you agree that you will not remove or obscure any copyright or other notices contained in any such information.

NO WARRANTIES; LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH OUR WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE CHANGES TO OUR WEB SITE AT ANY TIME. ADVICE RECEIVED VIA OUR WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU ACKNOWLEDGE THAT THERE ARE INHERENT RISKS TO PROVIDING PERSONAL INFORMATION AND ACCOUNT NUMBERS OVER THE INTERNET. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF. YOU AGREE TO DETERMINE WHETHER OUR SERVICES ARE SUFFICIENTLY SECURE TO MEET YOUR NEEDS. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH OUR WEB SITE.
NEITHER WE NOR OUR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OUR WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, WHETHER WRITTEN, ORAL, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THIS AGREEMENT OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, WORKMANSHIP, CONFORMITY AND FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, TITLE, OWNERSHIP AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, REVENUE OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR WEB SITE, WITH THE DELAY OR INABILITY TO USE OUR WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH OUR WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEB SITE, WHETHER BASED ON CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR 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. IN SUCH STATES/JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LOCAL LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEB SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEB SITE.

TERMINATION/ACCESS RESTRICTION

We reserve the right, in our sole discretion, to terminate your access to our Web Site and the related services or any portion thereof at any time, without notice.

REGISTRATION

To obtain access to certain services on our Web Site, you may be required to register. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We may require you to change your user name or password if we think it is necessary for security or other reasons. You will be responsible for preserving the confidentiality of your password and we strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication, including unsolicited correspondence such as letters, phone calls, or e-mail messages. You agree to notify us of any known or suspected unauthorized use of your account.

INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless (including our parents, subsidiaries, and affiliates, and all of our and their respective officers, directors, employees, agents, licensors, and suppliers) against all claims, losses, expenses, damages and costs (including reasonable legal fees) arising from or related to your use of the Web Site or breach of these Terms of Service. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with us in connection with our defense. Your indemnification obligation shall survive the termination of these Terms of Service.

GENERAL

To the maximum extent permitted by law, these Terms of Service are governed by the laws of the State of Georgia, U.S.A. without regard to conflicts of law provisions and you hereby consent to the exclusive jurisdiction and venue of courts in Atlanta, Georgia, U.S.A. in all disputes arising out of or relating to the use of our Web Site. Use of our Web Site 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 you are not entering into a joint venture, partnership, employment, or agency relationship with us as a result of these Terms of Service or use of our Web Site. Our performance of these Terms of Service are subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our Web Site or information provided to or gathered by us with respect to such use. No failure or delay on our part to exercise any right under these Terms of Service will operate as a waiver of any rights, nor will any single or partial exercise of any right preclude any other or further exercise of any other right. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty and condition disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deleted and the remainder of the Terms of Service shall be in full force and effect. These Terms of Service, our Privacy Policy, and any online payment terms constitute the entire agreement between the user and us with respect to our Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to our Web Site. You represent and warrant that you are at least 18 years of age and can lawfully enter into contracts under applicable law. The user acknowledges and confirms that he or she has read the Privacy Policy and online payment terms referred to and linked to throughout these Terms of Service and incorporated herein by reference and accepts and agrees to be bound by the Privacy Policy and online payment terms. It is the express wish of the parties that this agreement and all related documents be drawn up in English. Les signataires confirment leur volonté que la présente convention, de même que tous les documents s’y rattachant, y compris tout avis, annexe et autorisation, soient rédigés en anglais seulement.

COPYRIGHT AND TRADEMARK NOTICES

All contents of our Web Site are copyrighted and are owned by us and/or our suppliers. All rights reserved.

TRADEMARKS

The trademarks, logos, and service marks displayed on our Web Site (collectively the “Trademarks”) are our registered and unregistered trademarks or those of our affiliates. Under no circumstances may you alter, modify, or change the Trademarks. Nothing contained on our Web Site should be construed as granting any license or right to use any Trademark without our express permission.
Any rights not expressly granted herein are reserved.

CUSTOMER TRANSACTION

You agree that the terms and conditions of use of this Web Site are independent and separate from any sales or lease transaction you may enter into with us. A customer’s Lease Agreement is the only contract between that customer and us related to the products or merchandise set forth in the Lease Agreement. Nothing on this Web Site should be interpreted to change or modify any terms of the Lease Agreement or to create a separate contract between the customer and us regarding a lease or sale transaction.