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EquinoxExtreme (IMS Asia Company Limited's) Web site This web site is owned and operated by EquinoxExtreme (IMS Asia Company Limited). Please read these terms and conditions before using the web site. By using this site, you agree to these terms and conditions of Use. If you do not agree to these terms and conditions, please do not use or further access this site. USE BY MINORS. Minors must be properly supervised. You agree to supervise usage by, and be responsible for the actions of, any minors who use your computer to access this site. By providing information or placing an order, you represent and warrant that you are at least thirteen (13) years of age and have permission to place an order. PRIVACY AND PROTECTION OF PERSONAL INFORMATION. See the EquinoxExtreme Privacy Policy, incorporated herein, for complete information relating to the collection and use of your personal information. PERSONAL AND NON-COMMERCIAL USE LIMITATION. Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services. Certain areas on this web site may contain IMS confidential information. [Valid user name and password are required to access those areas.] Access by unauthorized persons, and unauthorized use or disclosure of IMS confidential information, may be a violation of our rights and are strictly prohibited. By accessing IMS confidential information, you agree to keep this information confidential, or, if you have a contractual right to use IMS confidential information for your customers, your customers' networks. You also agree to treat this confidential information with a standard of care which is of at least as high a standard as that which you apply to your most confidential information and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted. [You will not alter, decompile, disassemble, reverse engineer, or modify any of this confidential information that you receive.] Any questions, comments, suggestions, or other information submitted to IMS shall be deemed non-confidential and we shall be free to use, reproduce, disclose and distribute such information and any ideas contained therein in any manner without limitation. IMS can not accept any information that you consider to be confidential or proprietary through this web site. Please note that if you do send us any such information or material, IMS will assume it is not confidential. MODIFICATION OF THESE TERMS OF USE. We reserve the right to change the terms and conditions under which this site is offered by making changes to these Terms and Conditions of Use. You are responsible for regularly reviewing these Terms and Conditions of Use. Your continued use of this site constitutes your agreement to all such terms and conditions. LINKS TO OTHER SITES. This site contains images and links to other web sites that are independently run sites outside of EquinoxExtreme's control. We do not control nor have responsibility for the content of such independent sites, which have their own privacy and data collection practices and terms of use. The links and images are provided to you only as a convenience. We do not screen these sites nor content, nor any content available through links to and from them. We have no liability for any damages caused by the use or inability to use such third party sites. FORWARD LOOKING STATEMENTS. This site may include or imply forward looking statements, including statements concerning liquidity, future financing and working capital requirements and availability. These forward-looking statements, and others made from time to time by management, are subject to many risks and uncertainties. Many factors could cause actual results to differ materially from those projected in such forward looking statements, including risks described in our filings with the applicable governing agencies. Risk factors that may affect liquidity, future financing and working capital requirements and availability include, but are not limited to, business disruptions and costs arising from acts of terrorism or military activities around the globe; unfavorable economic conditions generally and weakness in consumer confidence; the financial health of Company customers; the Company's ability to effectively deliver its products to customers in a timely manner due to potential service interruptions (including, but not limited to, those related to labor disputes at western U.S. ports); effects of unseasonable weather (for example, warm weather in the winter and cold weather in the spring which affects demand for the Company's products); the Company's reliance on product acceptance by consumers; dependence on independent manufacturers and suppliers; the Company's ability to successfully add new distribution channels and countries; effectiveness of the Company's sales and marketing efforts; intense competition in the industry (that the Company expects to increase); the Company's ability to achieve and manage growth effectively; international risks including trade disruptions, political instability in foreign markets, exchange rate fluctuations, changes in quotas and tariffs or other duties; and the Company's ability to establish and protect its intellectual property. The Company does not undertake any obligations to update this forward-looking information to conform it to changes in circumstances or expectations. TRADEMARKS, COPYRIGHTS, AND OTHER INTELLECTUAL PROPERTY RIGHTS. "EquinoxExtreme," "Equonox Extreme," "Kold Fusion," "Drytek," "Flexfabric," "Flex fabric," along with the EquinoxExtreme design logos and other marks that may appear on this web site are trademarks or registered trademarks of IMS Asia Company Limited in the United States and other countries. You may not copy, reproduce, republish, distribute, upload, post, transmit, modify or use the trademarks in any manner. The names of other companies and products mentioned herein may also be the trademarks of their respective owners. The entire content on this web site (including, but not limited to, design, images, text, audio and video clips, data, graphics, links, computer code, and other content and material) is copyrighted under the United States and other copyright laws and is the property of IMS Asia Company Limited. Copyrighted material may also include some works that are licensed to IMS Asia Company Limited. In addition, some of the content on this web site is protected by trademark, privacy, and publicity laws. The content on this web site is provided solely for your information, entertainment and educational use. It shall not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the express written permission of IMS Asia Company Limited. You shall not use in any manner any of the content from this web site on any other web site, online service or networked computer environment. Subject to any expressly stated limitations on this web site, however, you may download or print portions of the content or trademarks on this web site on a single home computing device solely for your personal, non-commercial use, provided that you keep intact all copyright, trademark or other proprietary notices. Any other use is prohibited. We will at all times retain complete ownership of the content and trademarks on this site. COPYRIGHT NOTICE. Copyright ? 2003 IMS Asia Company Limited. All rights reserved. Any rights not expressly granted herein are reserved. MEMBER ACCOUNT, PASSWORD, AND SECURITY. If you open an account or register, you must complete the registration process by providing us with current, complete and accurate information as prompted. You are entirely responsible for maintaining the confidentiality of your password and account information. You are responsible for any and all activities that occur under your account. You agree to notify IMS immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. NO UNLAWFUL OR PROHIBITED USE. You shall not use this site for any purpose that is unlawful or prohibited by this agreement, or in any manner that could damage, disable, overburden, or impair IMS or interfere with any other party's use and enjoyment of this site. You shall not attempt to gain unauthorized access to any IMS accounts, computer systems or networks through hacking, password mining or any other means, or interfere with or modify in any manner the appearance or operation of this site. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through this site. USE OF SERVICES. The web site may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others. You agree to use these services only to post, send and receive messages and material that are proper. You agree that when using the services, you will not: Use our services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. Use any material or information, including images or photographs, which are made available through our services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Advertise or offer to sell or buy any goods or services for any business purpose, unless such services specifically allows such messages. Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying our services. Violate any code of conduct or other guidelines which may be applicable for any particular service. Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations. Create a false identity for the purpose of misleading others. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof. DISCLOSURE OF INFORMATION. We reserve the right at all times to monitor your use of this site and to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect its rights or a third party's safety. DISCLAIMER OF WARRANTY. THIS WEB SITE AND THE CONTENT ON IT ARE PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS SITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY. IN NO EVENT WILL IMS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES RESULTING FROM YOUR USE OR INABILILTY TO USE THIS SITE, EVEN IF IMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO DAMAGES FROM ANY CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, TORT (INCLUDING NEGLIGENCE), CONTRACT, INDEMNITY OR OTHERWISE. IN NO EVENT WILL IMS' LIABILITY TO YOU FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, SO THESE MAY NOT APPLY TO YOU. INDEMNIFICATION. You agree to defend, indemnify and hold IMS and any of its officers, directors, employees, agents and affiliates harmless from and against any and all claims, actions, liabilities, costs or damages asserted by any third party arising from or related to your use of this site or conduct in connection therewith, or otherwise arising from or related to your use of this site. You further agree to pay our reasonable attorneys' and expert witness fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this paragraph. SEVERABILITY. Should any part or portion of this agreement be found or held to be invalid or unenforceable, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this agreement, which shall remain in full force and effect unless our obligations hereunder are materially impaired. GOVERNING LAW; VENUE AND JURISDICTION; ATTORNEYS' FEES. The rights and liabilities of the parties arising out of or relating to this agreement or your use of this web site will be governed by the laws of the country of Thailand, exclusive of choice of law rules. Any legal action arising out of or relating to this agreement or your use of this web site will take place in the courts in the country of Thailand and nowhere else. In any such legal action, the substantially prevailing party will be entitled to recover reasonable attorneys' fees incurred in the preparation for and prosecution or defense of such action as fixed by the trial court or appellate court. You agree that any cause of action arising out of or related to this site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. ENTIRE AGREEMENT. This constitutes the entire agreement between you and EquinoxExtreme (IMS Asia Company Limited) regarding the use of this web site. TERMINATION. IMS Asia Company Limited reserves the right to terminate or modify this agreement at any time. All provisions regarding the protection and ownership of our intellectual property, disclaimer of warranties, limitations of liability, governing law, and attorneys' fees will survive termination. 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