WEBSITE TERMS OF USE AGREEMENT

USE OF PORTAL

Our Customer Portal is provided solely for the use of current and future customers of Mans Lumber to permit customers to view their orders, payments, credits, and account balances. Any other use of our Customer Portal is prohibited, including, but not limited to, the following prohibited uses:

(a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or

(c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

(d) using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

PORTAL CONTENTS AND OWNERSHIP

The information contained on our Customer Portal, including all images, designs, photographs, writings, graphs, data, and other materials (Portal Content) are the property of Mans Lumber and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of our Customer Portal solely for the purposes of using our Customer Portal for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You agree to comply with all copyright laws worldwide in your use of our Customer Portal and prevent unauthorized copying of the Contents. Except as provided in this Notice, Mans Lumber does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

ACCESS TO SITE; INDEMNIFICATION FOR UNAUTHORIZED ACCESS

In the event access to the Site or a portion thereof is limited requiring a user ID and password ("Protected Areas"), You agree to access our Customer Portal using only your user ID and password as provided to you by Mans Lumber. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. You agree to defend, indemnify and hold Mans Lumber harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Mans Lumber arising out of access to our Customer Portal or the Portal Content by anyone using your user ID and password.

DISCLAIMER OF WARRANTY

You expressly agree that use of our Customer Portal is at your sole risk. Neither Mans Lumber, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that our Customer Portal will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of our Customer Portal, or as to the accuracy, completeness, reliability, or security, of the Portal Content.

All information available on our Customer Portal is subject to the terms contained in your applicable Credit Application, Installed Sales Agreement, or other agreement between us or, if none, then according to Mans Lumber's standard terms and conditions in effect as of the date of the communication or transaction (collectively referred to as "Agreed Terms"). While Mans Lumber will endeavor to keep the Portal Content current and accurate, it may contain errors, omissions, inaccuracies, or outdated information. Mans Lumber reserves the right, in its sole discretion, to correct any errors or omissions in any information available on our Customer Portal. Mans Lumber may make any other changes to our Customer Portal and the Portal Content at any time without notice.

LIMITATION OF LIABILITIES

SUBJECT TO THE AGREED TERMS, YOU AGREE THAT MANS LUMBER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF OUR CUSTOMER PORTAL OROF THE PORTAL CONTENT, REGARDLESS WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL MANS LUMBER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO OUR CUSTOMER PORTAL, THE PORTAL CONTENT, OR YOUR USE OF, OR INABILITY TO USE, OUR CUSTOMER PORTAL GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER MANS LUMBER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATIONS ON CLAIM

Any cause of action you may have with respect to your use of our Customer Portal must be commenced within one year after the claim or cause of action arises.

TERM AND TERMINATION

Without limiting its other remedies, Mans Lumber may immediately discontinue, suspend, terminate, or block your and any user’s access to our Customer Portal at any time in our sole discretion.

CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. Mans Lumber makes no representation that the materials are appropriate or available for use outside the United States. If you access our Customer Portal from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of our Customer Portal. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Wayne County, Michigan for any disputes with Mans Lumber arising out of your use of our Customer Portal.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Mans Lumber and you with respect to our Customer Portal, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Mans Lumber with respect to our Customer Portal. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.