END USER LICENSE AGREEMENT
SUMMARY OF THE AGREEMENT BETWEEN TRUECHAMPION, LLC AND THE USER
TRUE CHAMPION, LLC ("TCL") is glad that You ("You") chose to participate in our activities and to be a part of the TCL community. Please take the time to fully read these terms and conditions as they constitute a binding agreement between TCL and Yourself with regard to Your use of the TCL software and related services (the "TCL Software Applications" and the "TCL Services Applications",respectively).
We at TCL acknowledge that reading legal documents may be quite exhausting, so we have composed this summary solely for Your convenience. Please take into consideration that: (i) this is just the summary of the terms and conditions, and the rights and responsibilities of the parties to this agreement; (ii) You are obligated to read and understand the entire End-User Agreement; and (iii) You, as the end user, are liable for any breach of this End-User Agreement in any and all applicable jurisdictions, worldwide.
C. Thirdly: Collection and Storage of Non-personally identifiable Information from End Users.
-- WE ARE COLLECTIVE DATA FROM THE END USERS, BUT ARE WE STORING IT ON A COOKIE IN THEIR COMPUTERS?
D. Finally: No matter what or how, TCL shall never, but never, be liable for any damage caused by the end user's use of the TCL Software and/or the TCL Services, clicking 3rd party links or any other activity connecting with 3rd parties. TCL assumes no liability whatsoever for 3rd party content, and TCL does not warrant for the quality or authenticity of any information or software of any 3rd party.
COMPLETE END-USER LICENSE AGREEMENT
1. Applicability of These Terms andConditions.
(a) This system and all data are the property of TRUE CHAMPION LLC ("TCL"). Your access to use of this TCL website and information, documents, tools, software applications, materials,training programs, personal one-to-one instructions, made available through this website, including without limitation, graphics, live programming, icons,and the overall appearance of this website (collectively referred to herein as"the Contents"), are subject to the terms and conditions set forth herein ("Terns and Conditions"). By accessing and/or using the Contents, You, individually, or on behalf of any entity using Your services, collectively referred to herein as "You", agree to the there Terms and Conditions,as may be amended or otherwise modified from time to time without notice by TCL.
(b) TCL hereby licenses to You a limited,non-exclusive, non-assignable, non-transferable , revocable, temporary,personal license to use the TCL S&S, and any future programming fixes,updates and provided to You on Your computer system. You hereby understand and agree that TCL, in its sole discretion, may modify or discontinue or suspend Your right to access any of the TCL Services or use any of the TCL Software at anytime, suspend or terminate any license here under and disable any TCL S&SYou may already have accessed or installed for cause in accordance with the terms and conditions of third agreement.
(c) You are prohibited from using,distributing, publishing, making derivative works, copying, reverse engineering, decompiling or otherwise manipulating the TCL Software and/or anyof the TCL Services that are specifically licensed to You.
(d) Nothing in this Agreement limits any rights You may have under existing consumer protection statutes or other applicable laws that may not be waived in Your jurisdiction.
2. Ownership and Reservation of Rights.
All Contents of this website are the property of TCL or used under license or other agreement. TCL does not waive any of its proprietary rights herein, including but not limited to, copyrights, trademarks, service marks, trade secrets,patents and other intellectual property rights.
The availability of any of the Contents of the programs accessed through this website shall under no circumstances constitute a transfer from TCL, and/or its license holders, to any website user or any third party of any copyrights,trademarks, service marks, trade secrets, patents or other intellectual property rights of TCL and/or its license holders.
The TCL Website and the Contents and Programs contained therein are protected byU.S. and international copyright, trademark and patent laws, both as individual works and as a compilation.
The following activities are strictly prohibited, constitute unauthorized use, access, and/or access exceeding authorization, and shall subject You to cancellation of your account with TCL as well as applicable criminal charges and civil penalties, worldwide:
(a) deletion of or attempted deletion ofany element in this system; and/or
(b) unauthorized use or attempted unauthorized use of this system; and/or
(c) use of this system and the TCL Software and/or Services for any purpose other than the purpose for which the TCL Software and Services were designed, and as the TCL Software and Services aretransmitted to each individual, authorized TCL member and program site user;and/or
(d) reverse-engineering, disassembling,decompiling or otherwise trying to derive source code from the TCL Software or TCL Services, except to the extent that this restriction is expressly prohibited by applicable law in Your Jurisdiction; and/or
(e) making error corrections to, or otherwise adapting or modifying the TCL Software or TCL Services, or creating derivative works based on the TCL Software or TCL Services; and/or
(f) unauthorized attempts to upload,extract or otherwise “scrape??? the Contents, change the TCL contents, access TCLor third party servers hosting the TCL Contents; and/or
(g) mining or selling or using data in any pay-for-use application, without the express, written permission of TCL; and/or
(h) accessing this website by any automated program (i.e.: “bot???) for the purpose of extracting data for any use whatsoever;and/or
(i) linking this website, directly or indirectly, any other website without the express, written permission of TCL;and/or
(j) providing false information or a false image or voice sample to: (i) set up an account; (ii) attempt to gain unauthorized access to any systems or networks through hacking, password mining, or any other means; or (iii) use the TCL Services to impersonate any person, business or entity, including TCL and/or TCL’s employees and agents;and/or
(k) Using the TCL Software or TCL Services in any way to track or monitor the location and/or activities of any individual without the individual’s express consent; and/or
(l) reproducing, copying, duplicating,selling, re-selling or exploiting for any commercial and remunerative purposes,the TCL Software or TCL Services or any portion of either, including any content other than Your personal digital content displayed in connection with the TCL Software and/or TCL Services; and/or
(m) transmit content that: (i) is unlawful,threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,invasive of another’s privacy, or otherwise tortuous; (ii) infringes a third part’s intellectual property rights; (iii) contains explicit or graphic descriptions or depictions or accounts of sexual acts; or (iv) illegally exploits or solicits personal information from a minor; or (v) violates any applicable laws regarding U.S. national security or U.S. national secrets orlaws relating to politically sensitive information, social order, public safety or public morality; and/or
(n) victimize, harass, degrade, or intimidate and individual or group of individuals based on religion, gender,sexual orientation, race, ethnicity, age, disability, or any other category prohibited by relevant and applicable legislation; and/or
(o) permit 3rd parties to benefit from the use or functionality of the TCL Software and/or TCL Services through time-sharing, service bureau, or other arrangement; and/or
(p) propagate software that contains viruses or any other Computer code, file or program that interrupts, destroys or limits the functionality of any Computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of a Computer or a Computer network;
(q) encourage conduct that would constitute a criminal offense or give rise to civil liability;
(r) rent, lease, loan or assign or bequeath or in any way transfer your rights to the TCL Software or the TCL Services;
(s) engage in any activity that otherwise interferes with the use and enjoyment of the TCL Software or TCL Service byothers, including but not limited to:
(i) using the TCL Software or TCL Service in any way that may damage, disable, overburden, or impair TCL’s servers or networks or any other form of transmission and provision by TCL now in existence or invented and/or devised in the future;
(ii) gathering personal information about other TCL Service users for any reason without express authorization by such TCL Service users; or
(iii) transmitting, directly or indirectly,any unsolicited bulk communications, including e-mails and instant messages,tweets, twitters and/or any forms of bulk message transmissions utilizing social media or other form of transmission, existing now or invented and/or devised in the future.
Mobile Devices.If You access or use the TCL Software or TCL Service on a mobile device and You lose or transfer the ownership of that device to another person or entity, You must ensure that any and all TCL Software is deleted or otherwise expunged from that device, and that the device information is removed from Your TCL account.Failure to contact TCL and comply with this mandate is a breach of this End User Agreement and shall subject You to applicable criminal and/or civil penalties.
3. No Warranties; Limitation of Liability; Disclaimer
(a) This website (including all contents)is provided “AS IS???. TCL makes no representations or warranties of any kind whatsoever for, and disclaims any express or implied warranties related to the contents or 3rd party websites, or for any products or services mentioned or offered in the contents of the TCL Software and/or TCL Services, or in 3rd party websites, including, without limitation, warranties of merchantability,sustainability, non-infringement, or fitness for any particular purpose.
(b) TCL shall not be liable for any errors contained herein, or for any damages whatsoever arising out of or in connection or related to the use of this website (including all contents and 3rd party websites and contents accessed therefrom), or the inability to use the same,including, without limitation, direct, indirect, incidental, special,consequential or punitive damages, whether under a contract, tort, strict or any other theory of liability even if TCL becomes aware of the possibility ofsuch errors, omissions or damages.
(c) The TCL contents of any of the TCL Software Applications and/or TCL Services Applications are further subject to change without notice. TCL expressly disclaims any obligation to keep the Contents of the TCL Software Applications and/or the TCL Services Applications up to date or free of errors or viruses, or to maintain uninterrupted access to the TCL website.
(d) Errors and/or Omissions.Transcription or other errors may arise when compiling the information provided on this website. TCL is not responsible for occasional errors and/or omissions that may occur. TCL DOES NOT WARRANT THAT: (i) THE SOFTWARE OR THE SERVICE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES; (ii) SAID SOFTWARE WILL PROTECT YOU AGAINST ALL POSSIBLE SECURITY THREATS (INCLUDING INTENTIONAL MISCONDUCT BY 3RD PARTIES), (iii) THERE WILL BE NO MALFUNCTIONS OR OTHER ERRORS IN THE SOFTWARE CAUSED BY VIRUS, INFECTION, WORM OR SIMILAR MALICIOUS CODE NOT INTRODUCED OR DEVELOPED BY TCL; OR (iv) THE SOFTWARE OR SERVICE WILL MEET YOUR REQUIREMENTS.
4. Limitation of Damages and Remedies
(a) End User’s Exclusive Remedy.
(i) SUBJECT TO ANY RIGHTS YOU MAY HAVE TOOCMPENSATION FOR UNDER ANY APPLICABLE STATUTORY GUARANTEES, or any other applicable laws which can be limited or excluded, TCL is not liable for any lost or stolen data files, personally identifiable information (PII) or systems, or for any damages or losses resulting directly or indirectly from Your use or Your inability to use TCL’s Software, or from any actions or intrusions described in Paragraph 2 (a) through (s), above.
(b) Exclusion of Warranty. TCL’s Limited Warranty does not apply if the defect resulted from an accident or your abuse, misuse or misapplication of the Software medium.
(c) Indirect Damages.Under no circumstances are TCL or its suppliers liable to you for any: (i)indirect, special, incidental or consequential damages; or (ii) theft of personally identifiable information or cost of procuring substitute software or services; or (iii) damages for loss of profits, loss of goodwill, loss of personnel salaries or wages or fees, work stoppage, computer failure or malfunction, loss of data, or negligence of any kind; or (iv) any other non-direct damage or loss.
(d) Liability for Direct Damages.In no event will our suppliers’ aggregate liability to You for indirect damages under this End User Liability Agreement exceed the price You paid for the applicable software or services, or U.S.D. $10.00 (or equivalent amount in Your natural currency).
(e) Loss Prevention.You are solely responsible for taking appropriate measures to back up Your computer and/or device(es), and to take other measures to prevent loss of files or data, including the TCL Software and TCL Service.
(f) Disclaimer for High-Risk Activities.The TCL Software is not fault-tolerant and is not designed or intended for high-risk activities, such as use in hazardous environments requiring fail;safe performance, including nuclear facilities operations, aircraft or watercraft-navigation or communications systems, weapons systems, direct life-support machinery, or any other application in which the failure of the TCL Software could lead to death, personal injury or severe physical or property damage. TCL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR USE IN CONNECTION WITH HIGH-RISK ACTIVITIES.
4. Software Applications and End-User License Agreement.
This End-User License Agreement constitutes the full and complete End-User License Agreement with regard to Your use of the TCL Software.
This TCL website provides access to certain TCL technology applications, including without limitation, ______________ (R) and ______________ (R), the use of which is governed by certain license agreements “TCL and 3rd Party Agreements???. In the event of a conflict between or among the TCL and 3rd Party Agreements and these Terms and Conditions, the TCL 3rd Party Agreements shall govern. The fact that a provision appears in this Agreement but not in the TCL 3rd Party Agreements shall not be interpreted as, or deemed grounds for finding, a conflict for the purposes of this Section 4 entitled “Software Application End-User License Agreement???.
Access to use of TCL Software and TCL Service applications made available through this website not otherwise subject to such specific license agreements (“Additional Software Application(s)???) are subject to the Terms and Conditions of this Agreement and the terms and conditions as set forth in this Section 4 entitled“Software Applications End-User License Agreement???.
Upon successful access to a TCL Software application and/or TCL Software Service,TCL hereby grant You a non-exclusive, limited, royalty-free and recoverable license to use the TCL Software Application(s) for internal personal purposes worldwide, provide that YOU do not:
(i) modify, create derivative works from,distribute, publicly display, publicly perform, or sub-license the TCL Software Application;
(ii) use the TCL Software Applications for service bureau or time-sharing purposes or in any other way allow third parties to exploit the TCL Software Applications;
(iii) share personal access credentials to the TCL Software Applications (unless required as an integral part of a specific TCL Software Applications); or
(iv) reverse engineer, decompile, disassemble,manipulate the TCL Software Application and/or any part of the TCL Services Applications, or otherwise attempt to derive, or succeed at deriving, any of the TCL Software Applications’ source code(s).
(b) Maintenance;Updates and Upgrades.
Absent a specific license agreement in place that contemplates maintenance and support services, at its sole discretion, TCL may provide or terminate support and maintenance for any TCL Software Applications And TCL Services A.
In addition to the disclaimers and limitations of the liability set forth in Section 3, incorporated herein by reference, TCL does not warrant that the TCL Software Applications: (i) will perform without error; (ii) will run without immaterial interruption; (iii) will meet Your requirements. Further, TCL does not warrant that the data generated by or contained in the TCL Software Applications will be accurate or complete.
(c) Termand Termination.
You may elect to, and TCL may also elect to, terminate Software Application End-User License Agreement for one or more TCL Software Applications for convenience, and in accordance with the terms and conditions applicable to terminate herein.
Additionally,this Software Application End-User License Agreement for a TCL software Application will automatically terminate when Your access to any particular TCL Software Application is terminated, including as a result of TCL retiring any specific TCL Software Applications, at its discretion and in accordance with agreements by and among TCL and third parties.
Upon termination, the licenses granted in Section 4.1 License will terminate and You will cease all use of the TCL Software Applications and delete copies thereof in Your possession or control, as applicable.
You will ensure that each password issued to You by TCL is securely maintained and used only by You, as the End-User, to whom the License has been issued. You will immediately notify TCL if any additional and separate End-User registered by You ceases to be authorized to access any TCL Software Applications,including as a result of such an additional End-User no longer being affiliated in any way with You.
5. User Contributions.
(a) User Generated Contents.
TCL does not commit to reviewing all information and materials submitted by licensed users of the website for consideration or publication by TCL (“User Generated Contents???). TCL, in its sole discretion, reserves the right, however,to block or remove User Generated Contents, or disable access privilege to users who submit User Generated Contents, that:
(i) are factually erroneous or misleading;
(ii) TCL deems offensive, defamatory, libelous, threatening,harassing, abusive, hateful or inappropriate in any way;
(iii) threaten the privacy rights of another;
(iv) infringe on intellectual property and proprietary rights of another, or the publication of which would violate the same; or
(v) violate any applicable laws or regulations, domestic or foreign,now in existence or enacted in the future that are applicable to website programming and applications.
(i) TCL will not be obligated to anyone disclosing unsolicited ideas to TCL personnel. The purpose is to avoid potential misunderstandings or disputes when TCL’s business activities are similar to ideas submitted to TCL.
(ii) Absent a written agreement with regard to disclosure of ideas, any disclosure to TCL for new applications, products,services, enhancements, features, innovations or inventions, or of any ideas of any sort that may be related to TCL’s business, is governed by the following terms:
(A) TCL is in no way obligated to the disclosing party;
(B) TCL is not obligated to keep the idea disclosed confidential;
(C) TCL is not obligated to compensate the disclosing party for the use of the idea; and
(D) TCL expects that, in the event the disclosing party desires to protect his/her ideas, he/she will have filed a copyright, trademark and/or patent application prior to the submission of such ideas to TCL.
(iii) If You are a third party not otherwise subject to an agreement with TCL giving such disclosures, You must agree to these terms prior to contacting TCL and/or any of the TCL staff and execute and submit the Unsolicited Ideas Disclosure Agreement. If You submit Your ideas to TCL without submitting the Unsolicited Ideas Disclosure Agreement, then regardless of what You or Your letter may states, the above terms shall apply to Your idea submission.
(iv) IfYou do not agree with these terms regarding TCL’s policy for handling unsolicited ideas, do not contact any TCL personnel about Your idea(s).
6. TCL Website.
(a) Your use of the TRUE CHAMPION LLC Website is subject to the terms and conditions set forth in these Terms and Conditions. By using the TCL Website, You agree to such terms and conditions.Downloading, using, printing and copying the contents of the Contents available through the TCL Website are permitted for individual, non-commercial use only and for use by individuals and entities in accordance with the TCL Membership provisions.
With respect to TCL’s retention, sharing and use of personal information that may be collected on the TCL Website, the TCL Privacy Notice is incorporated in these Terms and Conditions and may be accessed here. [separate linked page]
8. Trademarks,Service Marks and Patents.
Use of references to TCL’s trademarks and service marks are governed by the terms in the trademarks information page, that are incorporated as part of these Terms and Conditions.
9. Entire Agreement.
These Terms and Conditions and related and linked pages, set forth the entire agreement between TCL and You with respect to the subject matter contained in the TCL Website. These Terms and Conditions supersede all prior or contemporaneous writings, negotiations, discussions, promises, guarantees,warranties and/or assurances with respect thereto.
10. Applicable Laws.
TCL,or its service providers as applicable, operate this website from the United States of America. TCL makes no representation that the Contents in the web site are appropriate for use in other locations. Access to the Contents of the TCL website from other jurisdictions where such access may be illegal is prohibited. Those who elect to access the TCL website do so on their own initiative and are responsible for compliance with applicable laws in the irrespective jurisdictions. These Terms and Conditions of this Software Application End-User License Agreement will be construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflict of law provisions.
12. Copyright,Trademark and Patent Notice
All contents Copyright (C) 2016 True Champion LLC, all right reserved.
NOTES TO LICENSED USERS:
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