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Terms and Conditions

YOUR USE OF OUR WEB SITE AND YOUR TRANSACTIONS CONDUCTED WITH CUSTOM CUTOUTS, INC. AND ANY OF ITS AFFILIATES IN CONNECTION WITH THIS WEB SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS "TERMS OF USE". CLICKING ONTO WEBPAGES BEYOND THE WEB SITE'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEB SITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY E-MAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OS USE, YOU MAY NOT USE THIS WEB SITE.

Web Site Ownership

This web site is owned and operated by CUSTOM CUTOUTS, INC., 15 W 308 Frontage Road, Burr Ridge, Illinois, 60527, which is referred to below as "Custom Cutouts", "we", "us", "our" or "Company".

Permitted Use

You agree that your use of this Web site is subject to and governed by these Terms of Use:

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  you will only access or use this Web site and transact business with us if you are at least 18 years of age.

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  you will comply with and be bound by these Terms of Use as they appear on this Web site each time you access and use this Web site.

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  each use of this Web site by you indicates and confirms your assent to and agreement to be bound by these Terms of Use. and

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  these Terms of Use are a legally binding agreement between you and Custom Cutouts that will be enforceable against you.

You also agree not to use or attempt to use this Web site for any purpose that:

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  interferes with or induces a breach of the contractual relationships between Custom Cutouts and its employees.

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  is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property.

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  transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email, unsolicited commercial communications.

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  transmits any harmful or disabling computer codes or viruses.

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  interferes with our network services.

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  attempts to gain unauthorized access to our network services.

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  impairs or limits our ability to operate this Web site or any other person's ability to access and use this Web site and/or

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  uses any methods, means or devices to click on to this Web site or cause a visit to this Web site for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting related business with Custom Cutouts.

Use and Access of this Web Site

Custom Cutouts reserves the right at all time, in its sole discretion and without notice to you, to deny your access to and use of this Web site. You acknowledge that your use of this Web site creates no business relationship, affiliation or agency between you and Custom Cutouts. You agree that you may not use or attempt to use any part of this Web site to represent that you have any (express or implied) affiliation with Custom Cutouts or broker relationship with Custom Cutouts without a written agreement setting forth such an affiliation with Custom Cutouts. You may not use this Website to transmit unsolicited e-mail to this site or to anyone whose e-mail address included the domain name under on this Web site.

You agree and acknowledge that you have the sole responsibility and liability for your use of this Web site and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this Web site.

Intellectual Property Rights

Any Custom Cutouts marks appearing on this Web site and the respective logos, emblems, slogans and designs are trademarks and/or service marks of Custom Cutouts and such may be amended or modified at any time.

Any other marks used on this Web site are the property of their respective owners.

Web Page Content: You acknowledge and agree that:

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  all source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the "look and feel", and the operation of this Web site (collectively "Web Page Content") are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and

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  all rights associated with the Web Page Content are owned by Custom Cutouts and any of its licensors, or content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that yo will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any web page, or alter the appearance of any Web Page Content.

You may not use Web Page Content, domain names (in whole or in part), or e-mail addresses related to or derived from this Web site, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this Web site, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this Web site:

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  in or as any meta-tag or hidden text;

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  in or as part of any contextual marketing directory, index, or triggering term;

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  as content or advertising related to any other Web site including, but not limited to, comparative/informational Web sites; and/or

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  as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company's Web site or controls the content of any other Internet browser window.

Submissions: You acknowledge and agree that all submissions to Custom Cutouts containing any comments, improvements, suggestions, and ideas regarding this Web site will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to Custom Cutouts the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that Custom Cutouts may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name therewith. However, if you so desire, you may notify Custom Cutouts to terminate the use of your statement, image, or likeness by serving written notice to the following via Federal Express:

Linking and Third-Party Advertising

Not Responsible For Links to Other Web sites: For your convenience, this Web site may provide links to other Web sites on the World Wide Web. Unless expressly stated otherwise on this Web site, Custom Cutouts does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any Web sites to which this Web site may provide a link. By using this Web site you acknowledge and agree that Custom Cutouts will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, service, calculation, information, products or materials.

No Advertising/No Links. Custom Cutouts does not permit third-party advertising on this Web site without its written consent. Except with the written permission of Custom Cutouts, you agree that you will not create links from any Web site or web page to this Web site or any web page within this Web site.

Restrictions of use of product

You acknowledge, represent and warrant that you are authorized and have permission to have the image, photograph, and/or likeness reproduced. You further agree that such reproduction made by Custom Cutouts will be used for private purposes and such cannot be disseminated or exhibited for public use. You agree to indemnify and hold Custom Cutouts harmless from any and all such claims caused by your use or any third-party use of any Custom Cutouts product.

Disclaimer of Warranties

ALL THIS WEB SITE'S CONTENT IS PRESENTED TO YOU ONLY ON AN "AS IS" OR "AS AVAILABLE" BASIS. NO IMPLIED OR SPECIFIC WARRANTY OF ANY TYPE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED GUARANTEES OR SUITABILITY FOR A SPECIFIC PURPOSE, CORRECTNESS, MERCHANTABILITY, AND NON-INFRINGEMENT. Custom Cutouts does not guarantee the accuracy, comprehensiveness, currency, or dependability of any information of any content made available through this web site. It is your responsibility to confirm the accuracy of any content prior to relying on it. Your use of the web site and the material contained in the web site is at your exclusive risk. Custom Cutouts does not represent or guarantee that use of the web site will be without interruptions or errors. It is your sole responsibility to verify that any content acquired by you from the web site is virus free. The disclaimer of implied warranties is not permitted in some states, so the preceding disclaimer may not be applicable to you.

Limitation of Liability

Your use of the web site or any material contained on the web site is at your own risk.

Whether based in negligence, tort, contract, strict liability or otherwise, Custom Cutouts expressly disclaims any responsibility for any direct, indirect, consequential, individual, or special damages in any way related to or resulting from use of or access to the web site, whether or not Custom Cutouts has been made aware of the risk of damages including but not limited to any entity's dependence on any material acquired through the use of the web site or that occurs in relation to omissions or errors in, or obstructions in transmission of, data to or from the user, disruptions in telecommunications connections to the web site or viruses, whether brought about in whole or in part by acts of god, negligence, telecommunications malfunction, unauthorized access to, or theft or destruction of the web site, or associated programs or information. This limitation of liability is not permitted by some states, so the preceding limitation may not be applicable to you.

Violations and Additional Policies

Custom Cutouts reserves the right to pursue all remedies available by law and in equity for non-compliance with the rules and regulations described in this web site. This included the right to obstruct access to the web site from any particular Internet.

Additional Terms

You acknowledge that certain features of this Web site, as well as other products and services of Custom Cutouts, including those that may be available through this Web site, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.

Permission to Be Contacted: By submitting information to Custom Cutouts through our Web site or otherwise, you are making an inquiry as to Custom Cutouts programs and services and give Custom Cutouts and its affiliates permission to contact you through e-mail, fax, or telephone, or any other means.

Permission to Share Your Information: When you "submit" information through Custom Cutouts Web site or otherwise, Custom Cutouts may send your information to its affiliates. If you do not want your information shared with Custom Cutouts affiliates, you should send an opt-out e-mail to mike@appscorp.net, customcutouts1@yahoo.com, russ.infinity@yahoo.com or visit our Web site at www.custom-cutouts.com.

Agreement to Provide Accurate Information: In making an inquiry, placing an order or in entering into any other transaction or request for information on this Web site, you agree to provide accurate, true, current, and complete information upon which Custom Cutouts may rely.

Your Cooperation Needed: Custom Cutouts generally begins processing your order shortly after submission. If you submit an order, you agree to cooperate as needed and notify Custom Cutouts of any changes in any information submitted in connection with your order.

Reasonable Efforts: Custom Cutouts will make all commercially reasonable efforts to avoid delays to prepare your order and ship your order promptly, however, Custom Cutouts shall not be responsible for delays outside of its control (e.g. credit card delays, shipping delays, acts of God, labor disputes, acts of government, natural disasters, or other matters beyond Custom Cutouts reasonable control.)

Governing Law

All terms and conditions will be regulated by and construed in accordance with the laws of the State of Illinois without regard to conflict-of-laws provisions. Use of the Custom Cutouts web site from territories where the content the Custom Cutouts web site may be illegal is prohibited. Custom Cutouts makes no claim that the information included in the web site is suitable or available for use in any other location. Anyone electing to use the Custom Cutouts web site from locations outside of Illinois must be aware that they do so on their own initiative and they are accountable for observance of all relevant local laws. These Terms and Conditions of Use and all related documents comprise by reference the complete agreement between Custom Cutouts and you in relation to the Custom Cutouts web site. If any part of these Terms and Conditions of Use is prohibited, unenforceable or invalid, such section will be judged severable and will not influence the enforceability and legitimacy of the terms remaining.

User Ids and Passwords

Certain areas or features of this Web site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Web site. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with use your of this Web site. You agree to notify Custom Cutouts immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Web site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Web site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

Severability

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and shall not affect the validity and enforceability of such other provisions.

The Internet as an Open Network

While certain designated parts of this Web site employ technologies to secure your data and the transmissions between you and Custom Cutouts, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.