CHAMPION HOMES
of IDAHO WEBSITE
TERMS OF USE
Last
Revised
12-6-2007
ACCEPTANCE OF
TERMS
Champion Idaho
("Champion
Idaho")
makes this Web
site (the
"Site"),
including all
information,
documents,
communications,
files, text,
graphics,
software, and
products
available
through the Site
(collectively,
the "Materials")
and all services
operated by
Champion Idaho and
third parties
through the Site
(collectively,
the "Services"),
available for
your use subject
to the terms and
conditions set
forth in this
document and any
changes to this
document that
Champion Idaho may
publish from
time to time
(collectively,
the "Terms of
Use").
By accessing
or using this
Site in any way,
including,
without
limitation, use
of any of the
Services,
downloading of
any Materials,
or merely
browsing the
Site, you agree
to and are bound
by the Terms of
Use.
Champion Idaho
reserves the
right to change
the Terms of Use
and other
guidelines or
rules posted on
the Site from
time to time at
its sole
discretion, and
will provide
notice of
material changes
on the home page
of the Site.
Your continued
use of the Site,
or any Materials
or Services
accessible
through it,
after such
notice has been
posted
constitutes your
acceptance of
the changes.
Your use of the
Site will be
subject to the
most current
version of the
Terms of Use,
rules and
guidelines
posted on the
Site at the time
of such use. You
should
periodically
check the "Terms
of Use" link on
the Sites home
page to view the
then current
terms. If you
breach any of
the Terms of
Use, your
authorization to
use this Site
automatically
terminates, and
any Materials
downloaded or
printed from the
Site in
violation of the
Terms of Use
must be
immediately
destroyed.
DEFINED TERMS
All
user-supplied
information,
materials,
files,
communications,
and documents
are referred to
collectively as
"User Content."
"Champion
Idaho
Content" means
all Materials
provided by
Champion Idaho.
INTELLECTUAL
PROPERTY;
LIMITED LICENSE
TO USERS
The Materials
and Services on
this Site, as
well as their
selection and
arrangement, are
protected by
copyright,
trademark,
patent, and/or
other
intellectual
property laws,
and any
unauthorized use
of the Materials
or Services at
this Site may
violate such
laws and the
Terms of Use.
Except as
expressly
provided herein,
Champion Idaho and its
suppliers do not
grant any
express or
implied rights
to use the
Materials and
Services. You
agree not to
copy, republish,
frame, download,
transmit,
modify, rent,
lease, loan,
sell, assign,
distribute,
license,
sublicense,
reverse
engineer, or
create
derivative works
based on the
Site, its
Materials, or
its Services or
their selection
and arrangement,
except as
expressly
authorized
herein. In
addition, you
agree not to use
any data mining,
robots, or
similar data
gathering and
extraction
methods in
connection with
the Site.
Use of
Services.
When using
Services on this
Site that are
offered by
Champion Idaho, you
shall be subject
to any posted
guidelines,
rules, or
licenses
applicable to
such Services
and to the Terms
of Use. Such
guidelines,
rules, or
licenses may
contain terms
and conditions
in addition to
those in the
Terms of Use. In
addition to the
Materials and
Services offered
by Champion
Idaho,
this Site also
makes available
materials,
information, and
services
provided by
third parties
(collectively,
the "Third Party
Services"). The
Third Party
Services may be
governed by
separate license
agreements that
accompany such
services.
Champion Idaho offers
no guarantees
and assumes no
responsibility
or liability of
any type with
respect to the
Third Party
Services,
including any
liability
resulting from
incompatibility
between the
Third Party
Services and the
Materials and
Services offered
by Champion
Idaho. You
agree that you
will not hold
Champion Idaho
responsible or
liable with
respect to the
Third Party
Services or seek
to do so.
Use of
Software.
The software and
accompanying
documentation
that is made
available to use
or download from
this Site is the
copyrighted
and/or patented
work of Champion
Idaho
and/or its
suppliers. Use
of the software
is governed by
the terms of the
license
agreement
contained in
these Terms of
Use. You agree
that you will
not decompile,
reverse
engineer, or
otherwise
attempt to
discover the
source code of
the software
available on the
Site.
Use of
Champion Idaho Content
and User
Content.
Except as
indicated to the
contrary
elsewhere on
this Site, you
may view,
download, and
print the
Champion Idaho Content
and User Content
available on
this Site
subject to the
following
conditions:
1. The Champion
Idaho
Content and User
Content may be
used solely for
personal,
informational,
and internal
purposes.
2. The Champion
Idaho
Content and User
Content may not
be modified or
altered in any
way.
3. The Champion
Idaho
Content and User
Content on the
Site may not be
distributed or
sold, rented,
leased, or
licensed to
others.
4. You may not
remove any
copyright or
other
proprietary
notices
contained in the
Champion Idaho Content
and User
Content.
5. Champion
Idaho
reserves the
right to revoke
the
authorization to
view, download,
and print the
Champion Idaho Content
and User Content
available on
this Site at any
time, and any
such use shall
be discontinued
immediately upon
notice from
Champion Idaho.
6. The rights
granted to you
constitute a
license and not
a transfer of
title.
IMPORTANT
EXCEPTIONS:
The rights
specified above
to view,
download, and
print the
Champion Idaho Content
and User Content
available on
this Site are
subject to any
disclaimers
contained on the
Site and are not
applicable to
the design or
layout of this
Site. Elements
of this Site are
protected by
trade dress and
other laws and
may not be
copied or
imitated in
whole or in
part.
TRADEMARK
INFORMATION
The trademarks,
logos, and
service marks
("Marks")
displayed on
this Site are
the property of
Champion Idaho or
other third
parties. You are
not permitted to
use the Marks
without the
prior written
consent of
Champion Idaho or such
third party that
may own the
Marks. Champion
Idaho
and the Champion
Idaho
logo are
trademarks of
Champion Idaho Home
Builders Co.
LICENSE TO
Champion Idaho FOR
USER CONTENT
Certain Services
offered through
this Site
accommodate or
require User
Content.
Depending upon
the nature of
the Service, by
submitting User
Content to this
Site, you grant
Champion Idaho a
perpetual,
worldwide,
royalty-free,
non-exclusive
license to (i)
use, reproduce,
display,
perform, modify,
transmit, and
distribute such
User Content,
(ii) distribute
and publicly
display and
perform such
User Content for
the purpose for
which such User
Content was
submitted to the
Site, and (iii)
use any ideas,
concepts,
know-how, or
techniques that
you send us for
any purpose
without any
compensation to
you.
PROHIBITED
COMMUNICATIONS
You may submit
only User
Content to the
Site that is (a)
owned by you,
(b) submitted
with the express
permission of
the owner or
within the scope
of the license
to such content,
or (c) in the
public domain.
You are
prohibited from
posting or
transmitting to
or from this
Site any
unlawful,
threatening,
harassing,
libelous,
offensive,
defamatory,
obscene, or
pornographic
materials, or
other materials
that would
violate any law
or the rights of
others,
including,
without
limitation, laws
against
copyright
infringement,
and rights of
privacy and
publicity.
Violation of
these
restrictions may
result in denial
of or
limitations on
access by you to
this Site.
USER CONDUCT
In using the
Site, including
all Services and
Materials
available
through it, you
agree: (i) not
to disrupt or
interfere with
any other users
enjoyment of the
Site or
affiliated or
linked sites;
(ii) not to
upload, post, or
otherwise
transmit through
the Site any
viruses or other
harmful,
disruptive, or
destructive
files; (iii) not
to create a
false identity;
(iv) not to use
or attempt to
use anothers
account,
password,
service, or
system without
authorization
from Champion
Idaho;
(v) not to
disrupt or
interfere with
the security of,
or otherwise
cause harm to,
the Site, or any
Services,
Materials,
system
resources,
accounts,
passwords,
servers, or
networks
connected to or
accessible
through the Site
or any
affiliated or
linked sites.
MANAGING
CONTENT AND
COMMUNICATIONS
Although it is
not our
intention to do
so, Champion
Idaho
reserves the
right, in its
sole discretion,
to delete or
remove User
Content from the
Site and to
restrict,
suspend, or
terminate your
access to all or
part of this
Site, at any
time if we have
cause to do so
(including,
without
limitation, our
good faith
belief that you
have violated
the Terms of
Use) without
prior notice or
liability.
Champion Idaho may,
but is not
obligated to,
monitor or
review (i) any
areas on the
Site where users
transmit or post
User Content,
including but
not limited to
areas where
Services are
available, or
chat rooms,
bulletin boards,
or other user
forums; and (ii)
the substance of
any User
Content. To the
maximum extent
permitted by
law, Champion
Idaho
will have no
liability
related to User
Content arising
under the laws
of copyright,
libel, privacy,
obscenity, or
otherwise.
Champion Idaho also
disclaims all
liability with
respect to the
misuse, loss,
modification, or
unavailability
of any User
Content.
USE AND
PROTECTION OF
ACCOUNT
NUMBER/USER NAME
AND PASSWORD
You are
responsible for
maintaining the
confidentiality
of your account
number, user
name, and/or
password, if
applicable. You
are responsible
for damages
resulting from
all uses of your
account number,
user name,
and/or password,
whether actually
or expressly
authorized by
you, unless
access to your
account number,
user name,
and/or password
was obtained
through no fault
or negligence of
your own.
WARRANTIES
AND DISCLAIMERS
THIS SITE, AND
ALL MATERIALS
AND SERVICES
ACCESSIBLE
THROUGH THIS
SITE ARE
PROVIDED "AS IS"
WITHOUT WARRANTY
OF ANY KIND,
EITHER EXPRESS
OR IMPLIED,
INCLUDING, BUT
NOT LIMITED TO,
THE IMPLIED
WARRANTIES OF
MERCHANTABILITY
OR FITNESS FOR A
PARTICULAR
PURPOSE, OR THE
WARRANTY OF
NON-INFRINGEMENT.
WITHOUT LIMITING
THE FOREGOING,
Champion Idaho MAKES
NO WARRANTY THAT
(i) THE SERVICES
AND MATERIALS
WILL MEET YOUR
REQUIREMENTS;
(ii) THE
SERVICES AND
MATERIALS WILL
BE
UNINTERRUPTED,
TIMELY, SECURE,
OR ERROR-FREE;
(iii) THE
RESULTS THAT MAY
BE OBTAINED FROM
THE USE OF THE
SERVICES OR
MATERIALS WILL
BE EFFECTIVE,
ACCURATE, OR
RELIABLE; (iv)
THE QUALITY OF
ANY PRODUCTS,
SERVICES, OR
MATERIALS
PURCHASED OR
ACCESSIBLE BY
YOU THROUGH THE
SITE WILL MEET
YOUR
EXPECTATIONS;
AND (v) ANY
ERRORS IN THE
SOFTWARE
OBTAINED FROM OR
USED THROUGH THE
SITE, OR ANY
DEFECTS IN THE
SITE, ITS
SERVICES OR
MATERIALS, WILL
BE CORRECTED.
THIS SITE COULD
INCLUDE
TECHNICAL OR
OTHER MISTAKES,
INACCURACIES, OR
TYPOGRAPHICAL
ERRORS. Champion
Idaho
MAY MAKE CHANGES
TO THE MATERIALS
AND SERVICES AT
THIS SITE,
INCLUDING THE
CALCULATIONS
USED AND
DESCRIPTIONS OF
ANY PRODUCTS
LISTED HEREIN,
AT ANY TIME
WITHOUT NOTICE.
THE MATERIALS OR
SERVICES AT THIS
SITE MAY BE OUT
OF DATE, AND
Champion Idaho MAKES
NO COMMITMENT TO
UPDATE SUCH
MATERIALS OR
SERVICES.
YOU UNDERSTAND
AND ACKNOWLEDGE
THAT (i)
Champion Idaho DOES
NOT CONTROL,
ENDORSE, OR
ACCEPT
RESPONSIBILITY
FOR ANY CONTENT,
PRODUCTS, OR
SERVICES OFFERED
BY THIRD PARTIES
THROUGH THE
SITE, INCLUDING,
WITHOUT
LIMITATION,
THIRD PARTY
VENDORS AND
THIRD PARTIES
ACCESSIBLE
THROUGH LINKS ON
THE SITE; (ii)
Champion Idaho MAKES
NO
REPRESENTATION
OR WARRANTIES
WHATSOEVER ABOUT
ANY SUCH THIRD
PARTIES, THEIR
CONTENT,
PRODUCTS, OR
SERVICES; (iii)
ANY DEALINGS YOU
MAY HAVE WITH
SUCH THIRD
PARTIES ARE AT
YOUR OWN RISK;
AND (iv)
Champion Idaho SHALL
NOT BE LIABLE OR
RESPONSIBLE FOR
ANY CONTENT,
PRODUCTS, OR
SERVICES OFFERED
BY THIRD
PARTIES.
THE USE OF THE
SERVICES OR THE
ACCESS OR
DOWNLOADING OR
OTHER USE OF ANY
MATERIALS
THROUGH THE SITE
IS DONE AT YOUR
OWN DISCRETION
AND RISK AND
WITH YOUR
AGREEMENT THAT
YOU WILL BE
SOLELY
RESPONSIBLE FOR
ANY DAMAGE TO
YOUR COMPUTER
SYSTEM, LOSS OF
DATA, OR OTHER
HARM THAT
RESULTS FROM
SUCH ACTIVITIES.
Champion Idaho ASSUMES
NO LIABILITY FOR
ANY COMPUTER
VIRUS OR OTHER
SIMILAR SOFTWARE
CODE THAT IS
DOWNLOADED TO
YOUR COMPUTER
FROM THE SITE OR
IN CONNECTION
WITH ANY
SERVICES OR
MATERIALS
OFFERED THROUGH
THE SITE. NO
ADVICE OR
INFORMATION,
WHETHER ORAL OR
WRITTEN,
OBTAINED BY YOU
FROM Champion
Idaho OR
THROUGH OR FROM
THE SITE SHALL
CREATE ANY
WARRANTY NOT
EXPRESSLY STATED
IN THE TERMS OF
USE.
SOME STATES OR
JURISDICTIONS DO
NOT ALLOW THE
EXCLUSION OF
IMPLIED
WARRANTIES OR
LIMITATIONS ON
HOW LONG AN
IMPLIED WARRANTY
MAY LAST, SO THE
ABOVE
LIMITATIONS MAY
NOT APPLY TO
YOU. IN SUCH
STATES AND TO
THE EXTENT
PERMISSIBLE, ANY
IMPLIED
WARRANTIES ARE
LIMITED TO
NINETY (90)
DAYS.
INTERNATIONAL
USERS
The Site is
controlled,
operated, and
administered by
Champion Idaho from
its offices
within the
United States of
America.
Champion Idaho makes
no
representation
that the Site,
or the Services
or Materials
available
through it, are
appropriate or
available for
use at other
locations
outside the
United States,
and access to
the Site from
territories
where the Site
or any of its
Services or
Materials are
illegal is
prohibited. If
you access the
Site from a
location outside
the United
States, you are
responsible for
compliance with
all local laws.
See section on
Export Control
Laws, below, for
further
information.
PERSONAL
INFORMATION AND
PRIVACY
To learn about
how Champion
Idaho
protects your
personal
information,
such as your
name and
address, refer
to the Champion
Idahos
Privacy Policy.
You understand
and agree that
we may disclose
information
about you if we
have a good
faith belief
that we are
required to do
so by law or
legal process,
to respond to
claims, or to
protect the
rights,
property, or
safety of
Champion Idaho or
others, or as
stated in our
Privacy Policy.
Please be aware
that your
browser may need
to be enabled to
accept cookies
in order for you
to use certain
features of the
Site.
LIMITATION OF
LIABILITY
IN NO EVENT,
INCLUDING,
WITHOUT
LIMITATION,
NEGLIGENCE,
SHALL Champion
Idaho,
ITS
SUBSIDIARIES,
AFFILIATES,
AGENTS,
OFFICERS,
DIRECTORS,
EMPLOYEES,
PARTNERS, OR
SUPPLIERS BE
LIABLE TO YOU OR
ANY THIRD PARTY
FOR ANY SPECIAL,
PUNITIVE,
INCIDENTAL,
INDIRECT, OR
CONSEQUENTIAL
DAMAGES OF ANY
KIND, OR ANY
DAMAGES
WHATSOEVER,
INCLUDING,
WITHOUT
LIMITATION,
THOSE RESULTING
FROM LOSS OF
USE, DATA, OR
PROFITS, WHETHER
OR NOT Champion
Idaho
HAS BEEN ADVISED
OF THE
POSSIBILITY OF
SUCH DAMAGES,
AND ON ANY
THEORY OF
LIABILITY,
ARISING OUT OF
OR IN CONNECTION
WITH THE USE OF
OR THE INABILITY
TO USE THIS
SITE, ITS
SERVICES, OR
MATERIALS, THE
STATEMENTS OR
ACTIONS OF ANY
THIRD PARTY ON
OR THROUGH THE
SITE, ANY
DEALINGS WITH
VENDORS OR OTHER
THIRD PARTIES,
ANY UNAUTHORIZED
ACCESS TO OR
ALTERATION OF
YOUR
TRANSMISSIONS OR
DATA, ANY
INFORMATION THAT
IS SENT OR
RECEIVED OR NOT
SENT OR
RECEIVED, ANY
FAILURE TO STORE
OR LOSS OF DATA,
FILES, OR OTHER
CONTENT, ANY
SERVICES
AVAILABLE
THROUGH THE SITE
THAT ARE DELAYED
OR INTERRUPTED,
OR ANY WEB SITE
REFERENCED OR
LINKED TO FROM
THIS SITE. SOME
JURISDICTIONS
PROHIBIT THE
EXCLUSION OR
LIMITATION OF
LIABILITY FOR
CONSEQUENTIAL OR
INCIDENTAL
DAMAGES.
ACCORDINGLY, THE
LIMITATIONS AND
EXCLUSIONS SET
FORTH ABOVE MAY
NOT APPLY TO
YOU.
FORWARD-LOOKING
STATEMENTS
DISCLAIMER
This Site may
now, or
hereafter from
time to time,
contain certain
statements or
information with
respect to (i)
the projection
of Champion
Idahos or
industry
revenues,
income, earnings
per share,
capital
expenditures,
dividends,
capital
structure, or
other financial
items; (ii) the
plans,
objectives,
and/or
projections of
Champion Idaho for
future
operations,
including those
relating to the
products or
services of
Champion Idaho; (iii)
Champion Idahos future
economic
performance;
(iv) assumptions
underlying or
relating to any
of the forgoing
statements or
information; and
(v) any other
projections,
estimates, or
forward-looking
statements. All
such statements
and information
are
forward-looking
statements
within the
meanings of
Section 27A of
the Securities
Act of 1933 and
Section 21E of
the Securities
Exchange Act of
1934. Such
forward-looking
statements are
based upon, or
will be based
upon, Champion
Idahos
judgment with
respect to
future events
and are subject
to a number of
uncertainties
and risks that
could cause
actual results
or circumstances
to differ
materially from
those expressed
in the
forward-looking
statements.
Champion Idaho wishes
to caution you
that such
forward-looking
statements are
only predictions
and that actual
events or
results may
differ
materially. For
further detail
and information
concerning the
foregoing or
Champion Idaho in
general, please
consult the companys
documents and
reports now or
hereafter on
file with the
Securities and
Exchange
Commission,
particularly
Champion Idahos most
recent Form 10-K
and Form 10-Q,
copies of which
are available
from the Site.
INDEMNITY AND
LIABILITY
You agree to
indemnify and
hold Champion
Idaho,
and its
subsidiaries,
affiliates,
officers,
agents,
co-branders or
other partners,
and employees,
harmless from
any claim or
demand,
including
reasonable
attorneys fees,
made by any
third party due
to or arising
out of content
you submit, post
to, or transmit
through the
Site, your use
of the Site,
your connection
to the Site,
your violation
of the Terms of
Use, or your
violation of any
rights of
another person
or entity.
GOVERNING LAW
AND JURISDICTION
This Site
(excluding
linked sites) is
controlled by
Champion Idaho from
its offices
within the state
of Michigan,
United States of
America. By
accessing this
Site, you and
Champion Idaho agree
that all matters
relating to your
access to, or
use of, this
Site shall be
governed by the
statutes and
laws of the
State of
Michigan,
without regard
to the conflicts
of laws
principles
thereof. You and
Champion Idaho also
agree and hereby
submit to the
exclusive
personal
jurisdiction and
venue of the
Circuit Court of
Oakland County,
Michigan and the
United States
District Court
for the Eastern
District of
Michigan with
respect to such
matters.
GENERAL
The Terms of Use
and the other
rules,
guidelines,
licenses and
disclaimers
posted on the
Site constitute
the entire
agreement
between Champion
Idaho
and you with
respect to your
use of the Site.
If for any
reason a court
of competent
jurisdiction
finds any
provision of the
Terms of Use, or
portion thereof,
to be
unenforceable,
that provision
shall be
enforced to the
maximum extent
permissible so
as to effect the
intent of the
parties as
reflected by
that provision,
and the
remainder of the
Terms of Use
shall continue
in full force
and effect. Any
failure by
Champion Idaho to
enforce or
exercise any
provision of the
Terms of Use or
related right
shall not
constitute a
waiver of that
right or
provision. The
section titles
used in the
Terms of Use are
purely for
convenience and
carry with them
no legal or
contractual
effect.