Terms and Conditions

DECADENT OUTDOORS LLC

Premium Outdoor Living Solutions

WEBSITE TERMS AND CONDITIONS

decadentoutdoors.com

Effective Date: February 24, 2026

Last Updated: February 23, 2026

Decadent Outdoors LLC

1058 Ballston Lake Road, Ballston Lake, New York 12019

(518) 861-4648 | [email protected]

NEW YORK STATE LEGAL COMPLIANCE NOTICE

These Terms and Conditions are drafted to comply with the laws of the State of New York, including the New York General Business Law § 349 (Consumer Protection from Unfair, Deceptive, or Abusive Acts and Practices), the New York General Business Law Article 36-A (§§ 770–776, Home Improvement Contracts), the New York Lien Law § 71-a, the New York Internet Security and Privacy Act (State Technology Law, Article II), and applicable guidance from the Office of the New York State Attorney General. These Terms govern your use of this website only and do not replace, modify, or supersede any written home improvement contract entered into between you and Decadent Outdoors.

IMPORTANT — PLEASE READ CAREFULLY

By accessing or using the Decadent Outdoors website at decadentoutdoors.com (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must discontinue use of the Site immediately. These Terms constitute a legally binding agreement between you and Decadent Outdoors LLC. Under New York law, your continued use of this Site following the posting of updated Terms constitutes your acceptance of those changes.

1. Definitions

For purposes of these Terms, the following definitions apply:

“Decadent Outdoors,” “we,” “our,” or “us” refers to Decadent Outdoors LLC, a New York limited liability company with its principal place of business at 1058 Ballston Lake Road, Ballston Lake, New York 12019.

“Site” refers to the website located at decadentoutdoors.com, including all pages, subdomains, and content accessible through that domain.

“User,” “you,” or “your” refers to any individual or entity that accesses or uses the Site.

“Content” refers to all text, images, photographs, graphics, videos, logos, designs, data, software, and other materials displayed on or available through the Site.

“Services” refers to the outdoor living products and installation services offered by Decadent Outdoors, including but not limited to motorized pergola systems (StruXure), retractable motorized screens (Fenetex), outdoor kitchens, three-season rooms, cabanas, glass enclosures, awnings, and related design consultation and installation services.

“Home Improvement Contract” refers to a separate written contract between Decadent Outdoors and a property owner for the performance of home improvement work, as defined by and governed by New York General Business Law Article 36-A (§§ 770–776).

2. Acceptance of Terms

These Terms govern your access to and use of the Site. By accessing, browsing, or otherwise using the Site, you accept and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Site with an updated “Last Updated” date. It is your responsibility to review these Terms periodically. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.

If you are using the Site on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Permitted and Prohibited Use of the Site

3.1 Permitted Use

The Site is provided for informational purposes, to showcase our products and services, and to facilitate communication between prospective customers and Decadent Outdoors. You may use the Site to:

- Browse information about our products, services, and company

- View project galleries and completed installation examples

- Submit inquiries, consultation requests, and contact forms

- Read blog content, educational materials, and company news

- Interact with our chatbot or other communication tools

3.2 Prohibited Use

You agree not to use the Site in any manner that:

- Violates any applicable federal, state, or local law or regulation, including the laws of the State of New York

- Infringes upon the intellectual property rights, privacy rights, or other rights of Decadent Outdoors or any third party

- Involves the transmission of unsolicited commercial messages (spam), chain letters, or pyramid schemes

- Attempts to gain unauthorized access to any portion of the Site, its servers, or any systems or networks connected to the Site

- Introduces viruses, worms, Trojan horses, or other malicious code or harmful technology

- Scrapes, crawls, or uses automated means to access or collect data from the Site without our prior written consent, except for standard search engine indexing

- Impersonates any person or entity, or falsely states or misrepresents your affiliation with any person or entity

- Interferes with or disrupts the integrity, performance, or availability of the Site or the experience of other users

- Uses the Site to collect or store personal information about other users without their express consent

- Reproduces, duplicates, copies, sells, resells, or otherwise exploits any portion of the Site for commercial purposes without our express written permission

4. Intellectual Property Rights

4.1 Ownership

All Content on the Site is the property of Decadent Outdoors LLC or its licensors and is protected by United States and New York State copyright, trademark, and other intellectual property laws. This includes, but is not limited to, all text, photographs, graphics, logos, page layouts, designs, icons, images, audio clips, video clips, digital downloads, data compilations, and software.

The Decadent Outdoors name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Decadent Outdoors LLC. You may not use these marks without our prior written permission.

Product names, brand names, and logos of third parties displayed on the Site — including but not limited to StruXure, Fenetex, and Lumon — are trademarks of their respective owners. Their display on our Site does not grant you any license or right to use them.

4.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use. This license does not include the right to:

- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content from the Site

- Use any data mining, robots, or similar data-gathering or extraction methods on the Site

- Download any Content unless a download feature is expressly provided by us for that specific Content

- Use the Site or any Content for any commercial purpose or competitive analysis

4.3 User-Submitted Content

If you submit content to us through the Site — including photographs, project descriptions, testimonials, reviews, messages, or other materials (“User Content”) — you grant Decadent Outdoors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, display, and distribute such User Content for the purposes of operating our business, marketing our services, and improving our Site, subject to the terms of our Privacy Policy.

You represent and warrant that you own or have the necessary rights, licenses, and permissions to submit any User Content and to grant the license described above, and that your User Content does not violate the rights of any third party.

5. Product and Service Information

5.1 Informational Purposes Only

The information presented on the Site regarding our products and services — including descriptions, specifications, photographs, and pricing estimates — is provided for general informational purposes only. While we make every effort to ensure the accuracy of this information, we do not warrant that product descriptions, specifications, images, pricing, or other Content on the Site is complete, accurate, current, or error-free.

5.2 Not an Offer or Contract

Nothing on this Site constitutes an offer to sell, a solicitation of an offer to buy, or a binding contract for the sale or installation of any product or service. All products and services are subject to availability, and all pricing is subject to change without notice. The display of products and services on this Site does not create any contractual obligation on the part of Decadent Outdoors.

The purchase and installation of our products and services are governed exclusively by the terms of a separate written Home Improvement Contract entered into between you and Decadent Outdoors, as required by New York General Business Law Article 36-A (§ 771). That written contract — not this website — will contain the binding terms of your project, including scope of work, materials, pricing, payment schedule, project timeline, warranty terms, cancellation rights, and escrow or bond provisions.

5.3 Pricing Disclaimers

Any pricing, estimates, or price ranges displayed on the Site are approximate and provided for general reference only. Actual project costs depend on numerous factors, including the specific products selected, the dimensions and configuration of your outdoor space, structural considerations, site accessibility, local permit requirements, and current material costs. A binding price will be provided only in a written proposal or Home Improvement Contract following an in-person or virtual consultation.

5.4 Photographs and Visual Representations

Photographs of completed installations, product images, and renderings displayed on the Site are intended to illustrate the general appearance and quality of our work and products. Actual results may vary due to differences in property characteristics, lighting conditions, color settings on your display device, material availability, and project-specific design decisions. Photographs may depict optional features, upgrades, or accessories that are not included in base product pricing.

6. Home Improvement Contracts — New York State Law

NEW YORK STATE HOME IMPROVEMENT CONTRACT LAW (GBL ARTICLE 36-A)

New York General Business Law Article 36-A (§§ 770–776) requires that every home improvement contract involving an aggregate price of more than five hundred dollars ($500.00) must be in writing and signed by all parties. This section summarizes key provisions of the law as they relate to our business. Nothing in these Website Terms and Conditions replaces, modifies, or waives any rights afforded to you under New York State law.

When you engage Decadent Outdoors for a project, we will provide you with a written Home Improvement Contract that complies with GBL § 771 and includes:

- Contractor Identification: Our legal name, address, telephone number, and applicable license number(s).

- Project Timeline: Approximate or estimated dates for when work will begin and be substantially completed, including a statement of any contingencies that could materially change the timeline.

- Scope of Work: A detailed description of the work to be performed, the materials to be provided (including make, model, and identifying information), and the agreed-upon consideration for the work and materials.

- Payment Schedule: If the contract provides for progress payments, a schedule showing the amount of each payment and the stage of completion required before each payment is due. All progress payment amounts shall bear a reasonable relationship to the work performed.

- Escrow or Bond Protection: A statement that all progress payments received prior to substantial completion will be deposited in an escrow account at a New York State bank, or that a surety bond or contract of indemnity will be provided, in accordance with New York Lien Law § 71-a.

- Mechanic’s Lien Notice: Notice to you that any contractor, subcontractor, or supplier who provides home improvement goods or services and is not paid may have a valid claim against your property known as a mechanic’s lien.

- Right to Cancel: Notice that you may cancel the home improvement contract until midnight of the third business day after the day on which you signed the contract, except in cases of bona fide emergency as defined by law.

- Warranty Information: A statement of any guarantees or warranties provided, including all terms, conditions, and periods covered.

In the event of any conflict between these Website Terms and Conditions and a written Home Improvement Contract executed between you and Decadent Outdoors, the Home Improvement Contract shall control.

7. Consultations, Estimates, and Communications

7.1 Consultation Requests

When you submit a request for a consultation, quote, or estimate through the Site, you are not entering into a contract for the purchase or installation of any product or service. You are simply requesting that Decadent Outdoors contact you to discuss your potential project. We will make commercially reasonable efforts to respond to consultation requests in a timely manner, but we do not guarantee a specific response time.

7.2 Estimates and Proposals

Any estimates, ballpark pricing, or informal proposals communicated verbally, via email, through the Site, or through our chatbot are non-binding and provided for informational purposes only. A binding agreement for work is created only upon the execution of a written Home Improvement Contract that complies with New York law.

7.3 Chatbot and Automated Communications

Our Site may feature an AI-powered chatbot or automated messaging tool designed to assist you with initial inquiries, answer common questions, and schedule consultations. You acknowledge and agree that:

- The chatbot is an automated tool and is not a substitute for consultation with a qualified Decadent Outdoors professional

- Information provided by the chatbot is general in nature and may not account for the specific circumstances of your property or project

- No communication with the chatbot creates a binding contract or obligation on the part of Decadent Outdoors

Information you provide through the chatbot is subject to our Privacy Policy

7.4 Electronic Communications

By providing your email address, telephone number, or other contact information through the Site, you consent to receive electronic communications from Decadent Outdoors, including responses to your inquiries, project-related correspondence, and, where you have separately opted in, marketing communications. You may opt out of marketing communications at any time as described in our Privacy Policy.

8. Disclaimers and Limitation of Warranties

IMPORTANT LEGAL DISCLAIMER

THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE NEW YORK STATE LAW, DECADENT OUTDOORS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Decadent Outdoors does not warrant that:

- The Site will be available at all times, or that access will be uninterrupted, timely, secure, or error-free

- The Content on the Site is accurate, complete, current, reliable, or free of errors or omissions

- Any defects in the Site will be corrected

- The Site or the server that makes it available are free of viruses or other harmful components

- The results obtained from the use of the Site or any Content will be accurate, reliable, or meet your expectations

The information provided in these Terms should not be construed as giving business, legal, architectural, engineering, or other professional advice. For advice specific to your situation, consult an appropriately licensed professional.

Product Warranties: The disclaimers in this section apply to the Site and its Content only. Product warranties for goods and services purchased from Decadent Outdoors are governed exclusively by the applicable manufacturer’s warranty and/or the terms of your written Home Improvement Contract, not by these Website Terms.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY NEW YORK STATE LAW, IN NO EVENT SHALL DECADENT OUTDOORS LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF DECADENT OUTDOORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall the aggregate liability of Decadent Outdoors for all claims arising out of or related to these Terms or your use of the Site exceed the greater of (a) one hundred dollars ($100.00) or (b) the total amount you have paid to Decadent Outdoors in the twelve (12) months preceding the claim.

These limitations apply to the extent permitted by applicable New York State law. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law, including the consumer protection provisions of New York General Business Law § 349.

10. Indemnification

You agree to indemnify, defend, and hold harmless Decadent Outdoors LLC, its members, managers, officers, employees, agents, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

- Your use of or access to the Site

- Your violation of these Terms

- Your violation of any applicable law or regulation, including the laws of the State of New York

- Any User Content you submit through the Site

- Your infringement of any intellectual property or other right of any person or entity

11. Third-Party Links and Resources

The Site may contain links to third-party websites, applications, or resources, including but not limited to social media platforms, product manufacturer websites, financing partners, review platforms, and advertising networks. These links are provided solely for your convenience and informational purposes.

Decadent Outdoors does not endorse, control, or assume responsibility for the content, privacy policies, practices, or availability of any third-party website or resource. Your interactions with third-party websites are governed solely by the terms and conditions and privacy policies of those websites. We encourage you to review those terms before providing any personal information or engaging in any transactions.

12. Privacy

Your use of the Site is also subject to our Privacy Policy, which describes how we collect, use, store, and protect your personal information in compliance with New York State law, including the SHIELD Act (N.Y. General Business Law §§ 899-aa and 899-bb), New York General Business Law § 349, the New York Child Data Protection Act, and guidance from the New York State Attorney General. Our Privacy Policy is incorporated into these Terms by reference and is available at decadentoutdoors.com/privacy-policy.

13. Website Accessibility

Decadent Outdoors is committed to ensuring that our Site is accessible to all users, including individuals with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards and to comply with the Americans with Disabilities Act (ADA) as it applies to commercial websites.

If you experience any difficulty accessing any portion of our Site, or if you have suggestions for improving accessibility, please contact us at [email protected] or call us at (518) 861-4648. We will make commercially reasonable efforts to address your concerns and provide the information or services you seek through an alternative accessible means.

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule.

14.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state courts of Saratoga County, New York, or the United States District Court for the Northern District of New York. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the convenience of such forum.

14.3 Informal Resolution

Before initiating any formal legal action, you agree to attempt to resolve any dispute with Decadent Outdoors informally by contacting us at [email protected]. We will make good-faith efforts to resolve your concern within thirty (30) days of receipt of your written notice. If the dispute cannot be resolved informally within that period, either party may pursue the remedies available under applicable law.

14.4 Consumer Protection Rights Preserved

Nothing in these Terms shall be construed to limit, waive, or otherwise affect your rights under New York General Business Law § 349 (Consumer Protection from Unfair, Deceptive, or Abusive Acts and Practices) or New York General Business Law Article 36-A (Home Improvement Contracts), including but not limited to your right to file a complaint with the New York State Attorney General, your statutory right to cancel a home improvement contract within three (3) business days of signing, or any other right that cannot be waived under New York State law.

15. Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to the Site at any time, with or without notice, for any reason, including but not limited to your breach of these Terms. Upon termination, all licenses and rights granted to you under these Terms will immediately cease.

The following sections shall survive the termination of these Terms: Section 4 (Intellectual Property Rights), Section 8 (Disclaimers), Section 9 (Limitation of Liability), Section 10 (Indemnification), Section 14 (Dispute Resolution and Governing Law), and any other provisions that by their nature should survive termination.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Decadent Outdoors with respect to your use of the Site. These Terms do not govern, and are separate from, any written Home Improvement Contract or other service agreement entered into between you and Decadent Outdoors.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction in the State of New York, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.

16.3 Waiver

The failure of Decadent Outdoors to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Decadent Outdoors.

16.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of Decadent Outdoors. Decadent Outdoors may assign or transfer these Terms, in whole or in part, without restriction.

16.5 Force Majeure

Decadent Outdoors shall not be liable for any failure or delay in performing any obligation under these Terms (including the availability of the Site) caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, epidemics, government actions, labor disputes, power failures, internet service disruptions, or failures of third-party hosting providers.

16.6 No Third-Party Beneficiaries

These Terms are for the benefit of Decadent Outdoors and its users only, and are not intended to confer any third-party beneficiary rights upon any other person or entity.

17. Contact Information

If you have any questions, concerns, or comments regarding these Terms and Conditions, please contact us:

Decadent Outdoors LLC

1058 Ballston Lake Road

Ballston Lake, New York 12019

Phone: (518) 861-4648

Email: [email protected]

Website: decadentoutdoors.com

— End of Terms and Conditions —

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