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TERMS OF USE AGREEMENT
BETWEEN USER AND CUSTOM ENVIRONMENTS
(operator of DecksUSA.com™)

 TERMS OF USE

Please read this agreement ("Agreement") carefully before accessing or using this web site ("Site").  By accessing or using the Site, you agree to be bound by this Agreement.  DecksUSA.com™, and its suppliers provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein.  Your use of these Sites constitutes your agreement to all such terms, conditions and notices.

The information and services offered on this Site are provided with the understanding that neither DecksUSA.com™, nor its suppliers or users are engaged in rendering legal or other professional services or advice.  Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.

DecksUSA.com™, and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site.  While DecksUSA.com™, strives to keep the information on this Site accurate, complete and up-to-date, DecksUSA.com™, and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES

You may access, download and print materials on this Site for your personal and non-commercial use.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site.  The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information.  If and when requested by DecksUSA.com™, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity.  Except with the written permission of DecksUSA.com™, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site.  Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.

PROPRIETARY RIGHTS

All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted or licensed by DecksUSA.com™, its affiliates or its suppliers.  © Copyright DecksUSA.com™, 2000.  All rights reserved.  No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the written permission of DecksUSA.com™.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Site, you warrant to DecksUSA.com™, that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  If you violate any of these terms, your permission to use the Site automatically terminates.

LIABILITY DISCLAIMER

You use this Site at your own risk.  If your use of this Site or the materials therein results in the need for servicing or replacing property, material, equipment or data, neither DecksUSA.com™, nor its affiliates are responsible for those costs.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DECKSUSA.COM™, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.

ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  IN NO EVENT SHALL DECKSUSA.COM™, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF DECKSUSA.COM™, ITS AFFILIATES OR ANY OF ITS 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.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless DecksUSA.com™, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

LINKS TO THIRD PARTY SITES

This Site may contain hyperlinks to web sites operated by parties other than DecksUSA.com™, or its affiliates.  For example, clicking on a company in our Contractor Referral Section may bring you to a site operated by a party independent of DecksUSA.com™, or its affiliates.  Such hyperlinks are provided for your reference only.  DecksUSA.com™, does not control such web sites, and is not responsible for their contents.  Inclusion of hyperlinks by DecksUSA.com™, to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk.  Furthermore, our privacy policy is applicable only when you are on our Site, once linked to another web site, you should read that site’s privacy policy before disclosing any personal information.

CHANGES TO SITE

DecksUSA.com™, its affiliates and/or its suppliers may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice.  DecksUSA.com™, may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement.  Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

MISCELLANEOUS

This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Ohio, without giving effect to any principles of conflicts of law.  Failure by DecksUSA.com™, or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.  Any legal action or proceeding between DecksUSA.com™, and/or its affiliates and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Ohio, County of Mahoning.

Custom Environments and other DecksUSA.com™, logos, product and service names are trademarks owned by licensed to DecksUSA.com™, or its affiliates (the "Marks").  Without the prior written permission of DecksUSA.com™, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.

All other trademarks are the property of their respective owners.

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