The One Champion - Terms of Use

Introduction

The One Champion ("The One Champion") provides to you this website ("Web Site") for your personal information, educational and entertainment use. The following Terms of Use govern your access and use of this Web Site. Please read these Terms of Use carefully before using this Web Site. Also, specific terms and conditions may apply to specific Content (as defined below) on or available through this Web Site (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site ("User Content") or transactions conducted through this Website. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

When used in these Terms of Use, "we" and "our" means The One Champion, and "you" and "your" refers to any individual, company or legal entity that accesses or otherwise uses this Web Site.

For Authorized Use Only

Information presented in this system is considered sensitive and is for official internal use only. The information contained in the system is not for unauthorized access and use. The use of this system will be monitored for security and administration purposes and accessing this system constitutes consent to such monitoring. Any unauthorized access to this system or unauthorized use of the information on this system by authorized users or others is prohibited and constitutes a violation of the Terms of Use, and may be subject to criminal and civil penalties under applicable laws.

Acceptance of Terms of Use

By accessing, browsing or using this Website, you agree to be bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these terms, you should NOT access or use this Web Site.

Privacy Notice

Personal information provided through this Web Site shall be used in accordance with The One Champion's Privacy Notice on https://www.theonechampion.com privacy and these Terms of Use are subject to the Privacy Notice as posted on this Web Site.

Copyright and Trademarks

You acknowledge that all content on this Web Site, including the Web Site's design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Website, and the selection and arrangement thereof (collectively, "Content"), are the property of 'The One Champion' or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Content not expressly granted in these Terms of Use are reserved to their respective intellectual property right owners. Except as expressly authorized in these Terms of Use or on the Web Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of 'The One Champion' or the respective intellectual property rights owner. 'The One Champion' authorizes you to view and download the Content only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Content. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Web Site (including, without limitation, The One Champion) are the sole property of 'The One Champion' and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of 'The One Champion' and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of 'The One Champion' and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of 'The One Champion'. 'The One Champion' will enforce its intellectual property rights to the fullest extent of the law.

Links to Third Party Websites

Links on the Web Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Web Site. 'The One Champion' does not control or endorse any such third party websites. You agree that 'The One Champion' and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Web Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. 'The One Champion' expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website. 'The One Champion' recommends that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.

Disclaimer of Warranties

The One Champion strives to provide accurate and up-to-date material on this Web Site. However, we make no warranties or representations as to the accuracy or timeliness of the Content on this Web Site. Your use of the web site is at your sole risk. The web site and the content contained on this web site are provided on an "as is" and "as available" basis. 'The One Champion' expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 'The One Champion' makes no warranty that (i) the web site will meet your requirements, (ii) the web site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the web site will be accurate or reliable, (iv) the web site is free from viruses or other harmful components, or (v) any errors in the web site will be corrected. Any material downloaded or otherwise obtained through this web site is provided at your own risk, and you are solely responsible for any damage to your computer system or loss of data that results from your use of the web site, including without limitation, damages resulting from computer viruses.

Some jurisdictions may not permit certain disclaimers of warranties, so some of the exclusions above may not apply to you. In such jurisdictions, we disclaim warranties to the fullest extent permitted by applicable law.

Disclaimer of Damages and Limitation of Liability

Neither 'The One Champion' or its affiliates shall under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to your access to, or use of or inability to use this web site or any material, or any other website you access through a link from this web site, or any incorrect or inaccurate information on this web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages (including but not limited to property damage, loss of use, loss of data, loss of business, economic loss or loss of profits), whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, even if 'The One Champion' has been advised of the possibility of such damage or loss. To the maximum extent permitted by applicable law, you expressly waive all claims against 'The One Champion' and its affiliates and their officers, directors, employees, suppliers and programmers that may arise from your access or use of this site.

Indemnification and Release

You agree to indemnify, defend and hold harmless 'The One Champion' and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Web Site, any activity related to use of the Web Site by you, any message or material that you submit to, post on or transmit through the Web Site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Web Site. If you have a dispute with one or more users, you release 'The One Champion' and its affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

License To Use

As a user of this website, you are granted a nonexclusive, non-transferable, revocable, limited license to access and use the site and its content in accordance with these Terms of Use. 'The One Champion' may terminate this license at any time for any reason.

Changes To Site

In order to improve our service to you, we reserve the right to make changes in the access, operation, and content of "The Site" at any time without notice. We also reserve the right to make changes in the Terms and the Privacy Statement, so please check before each use for changes.

Limitation On Use

The content of this website is for personal use only and not for commercial exploitation. You are expressly prohibited from decompiling, attempting to reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the website or the content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic or manual device or process to monitor or copy the website or the content without 'The One Champion's’ express written permission. You may not print, download, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes any portion of the website except to the extent permitted above. You may not use or otherwise export or re-export the website or any portion thereof, the content or any software available on or through the website in violation of the applicable export control laws and regulations. Any unauthorized use of the website or the content is prohibited and can result in enforcement actions and other legal consequences against you.

Site Security

So that "The Site" remains to the extent possible open and available to all users, we have mechanisms in place to identify unauthorized attempts to gain access to Secured Sites, upload or change information or any image, inject any harmful elements, or otherwise cause damage. Regardless, even though we strive to keep these mechanisms up to date, due to the technical uncertainties, we are unable to make any representation or warranty that the content, information, or links in "The Site" are secure and free of data-processing errors, technical glitches, operational problems, interruptions, errors, bugs, worms, viruses, unauthorized third party access or any other harmful elements. YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING "The Site". Unauthorized attempts to upload, insert or change any information or image on "The Site" or cause harm are strictly prohibited and may be punishable to the full extent of the law, including the Computer Fraud and Abuse Act and the National Information Infrastructure Protection Act.

Outside Links

For your information or convenience, "The Site" may contain direct links or hyperlinks to websites that are maintained by third parties. When clicking on such a link, you are leaving our Site. Therefore, 'The One Champion' has no control over, does not endorse, and is not liable for, the quality, operation, reliability, compliance with laws, ethics, business practices, nor content of such third-party websites, or for any product or service advertised or provided therein. Any transactions with such third parties, including provision of your personal information, are strictly at your own risk. We expressly disclaim all liability arising from your access to and for the content contained within or through any such third-party website.

User Conduct

For the convenience of our users, some areas on "The Site" may allow for interactive communication, some of which may be conducted in “real time”. You agree not to post any content which is or may be, in whole or in part: false, unlawful, criminal, fraudulent, misleading, infringing, libelous, slanderous, defamatory, profane, racist, sexist, threatening, inflammatory, obscene, invasive of personal or privacy rights, advertising, promoting or soliciting for commercial purposes, containing any known viruses or bugs, or which is otherwise harmful, offensive, inappropriate, or unprofessional. 'The One Champion' has no obligation to monitor, screen, filter or edit any information, communication, or content that is directly posted by or shared by users on the Site, however we may at our discretion from time to time monitor use of the Site, and we reserve the right to delete or edit any objectionable content posted or submitted by authorized users, terminate the user's access to the Site, deny future access, or take any other action we deem appropriate under the circumstances. Please report any such violations to us at support@smartlybuilt.com.’ The One Champion' will handle any personally identifiable data or information posted by you in accordance with our Privacy Statement, however, any third-party liability or usage which may arise from your posting will be solely at your own risk. Information obtained through monitoring our Site may also be used for duly authorized law enforcement investigations. We also reserve the right to identify and investigate inquiries to the extent required to comply with applicable laws and regulations, including but not limited to U.S. export control laws and executive orders. 'The One Champion' will have no liability for any content posted by users on any Site (including Secured Sites).

No Unlawful or Prohibited Activity

As a condition of your use of this Web Site, you agree not to use the Web Site for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the Web Site. You agree not to post on or transmit through this Web Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Web Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material.

'The One Champion' reserves the right, in its sole discretion, to suspend or terminate your access to this Web Site and prohibit any and all current and future use of this Web Site (or any portion thereof) by you, if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of this Web Site.

Shut-down of Web Site

The One Champion and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the Web Site.The One Champion reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice or consent.

Governing Law and Dispute Resolution

These Terms of Use shall be governed by, and construed in accordance with, the laws of the United States and the State of New York, without giving effect to conflicts of law principles thereof. 'The One Champion' makes no representations that the material and information on this Web Site are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of this Web Site or to these Terms of Use shall be brought exclusively in the Federal or State Courts residing in New York. You hereby consent and submit to personal jurisdiction in such courts for the purposes of any action relating to this Web Site, your access or use thereof, or these Terms of Use, and to extraterritorial service of process.

Severability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

No Waiver

The failure of 'The One Champion' and its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision, and shall not be considered a waiver or limit The One Champion's right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.

The One Champion is a registered trademark and subsidiary of Smartly Built LLC. For further inquiries, please reach out using the contact information provided below.

+17329867902
support@smartlybuilt.com