Terms of Use Agreement Welcome to our Web site. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The terms "us", "we" or "our" refer to Kye Power Inc., the owner of the Web site. The term "you" refers to the user or viewer of our Web site. 1.   Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our Web site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. 2.   Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The contents of this Site (unless otherwise specified as the copyrighted work of third parties) are ©2008, Kye Power Inc. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web site or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. 3.   Trademarks. Kye Power Inc. retains all rights regarding our trademarks, trade names, brand names, logos and associated intellectual property. These marks, names and all associated logos or images are registered and/or common law trademarks of Kye Power Inc. and are protected by U.S. law. No rights to the use of such trademarks, trade names or any other intellectual property, including pictures, sketches, designs, flash technology and written materials are granted to you under these Terms of Use or by your use of our Site. Your misuse of the trademarks on our Site, without our written consent, is strictly prohibited. We will enforce our intellectual property rights to the fullest extent of the law. From time to time, we make fair use in this Site of trademarks owned and used by other third-party companies. We make no claim to ownership of these marks. Nothing in this Site should be construed as granting permission to use said marks. The following trademarks are the property of the noted third-parties: Swarovski® - Swarovski AG; Polartec® Power Shield®, Polartec® Power Stretch®, Polartec® Power Dry®, and Polartec® Thermal Pro® - Polartec, LLC; Tactel® Nylon, LYCRA® - INVISTA; Meryl® - Nylstar Group; and Ionex® - Mectex SpA 4.     Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable. 5.   Restrictions and Prohibitions on Use. Your license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States. 6.   Accuracy of Information We do our best to ensure that the information on this Site is complete, accurate and current. Despite our best efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors, textures and details; however, the actual colors, textures and details you see will depend on your computer system and we cannot guarantee that your computer will accurately display such attributes. Also there are certain garments where we have intentionally let the fabric pattern be random, meaning each garment has its own unique beauty and characteristics. The Site picture in such cases typifies the look of the garment but there will be the aforementioned variations. In addition, we may make changes in information about descriptions, features, pictures, price and availability without notice. 7.   Shipping and Risk of Loss. When you place an order, we will ship it to the address designated by you as long as that shipping address is within the United States and compliant with the shipping restrictions set out on this Site. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. All items purchased on this Site are made pursuant to a shipment contract. This means that the risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier (such as UPS, Fed-Ex, etc.). You are responsible for filing any claims with carriers for damaged and/or lost shipments. 8.   Payments. You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, plus any shipping and handling charges. 9.   Unlawful Activity. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. 10.   Disclaimers and Indemnification. Your use of our Site is at your risk. The information, materials and services from or through this Site are provided "As Is", "As Available" and with "All Faults" and all warranties of any kind, express or implied, are disclaimed (including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property). The foregoing exclusions of implied warranties do not apply to the extent prohibited by law (refer to your local laws for any such prohibitions). Kye Power Inc. disclaims all responsibility or liability for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of the Site, or your downloading of any information or materials from the Site. In no event will we, or any of our officers, directors, employees, shareholders, affiliates, agents, successors or assigns, subcontractors, product and service providers, attorneys, nor any party involved in the creation, production or transmission of this Site (collectively "Affiliated Parties"), be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, damages for loss of business, loss of profits, litigation, or the like) arising out of the use, inability to use, or the results of use of this Site, any Web sites linked to this Site, or the materials, information or services contained on any or all such Web sites, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or any other legal theory even if advised of the possibility of such damages. The foregoing limitations of liability to do not apply to the extent prohibited by law (refer to local laws for any such prohibitions). You agree to indemnify the Kye Power Inc and our Affiliated Parties harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site. 11.   Use of Comments, Feedback, Submissions and Other Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, materials, concepts, ideas, graphics, sketches, designs, know-how, techniques, suggestions, comments, questions, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any purpose, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes without compensation to you or any other person sending the Submission. We may, but are not obligated to, monitor or review any Submission. We will have no obligation to use, return, review, or respond to any Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright. We retain the right to remove any or all Submissions that include any material we deem inappropriate or unacceptable. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. 12.   Privacy Policy. Our Privacy Policy, which may change from time to time, is a part of this Agreement. Please review our latest Privacy Policy by clicking on this link. 13.     Links to other Web Sites. As a convenience to you, the Site may contain links to other Web sites that are not owned, controlled or operated by us. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you click on these links, you will leave this Site. If you decide to leave our Site and access these third-party sites, you do so at your own risk. 14.   Linking to this Web Site. Written permission is required before creating or maintaining a link to our Site from another Web site. Written permission is also required before running or displaying this Site or any material from this site on another Web site. 15.   Information and Press Releases. The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us. 16.   Legal Compliance and Unlawful Activity. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein and also in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. 17.   Governing Jurisdiction. Our Site is operated and provided in the State of New Hampshire. As such, the validity and interpretation of this Agreement and the legal relations of the parties to it shall be governed by the laws of the State of New Hampshire, without regard to its conflict of laws principles. We make no representation that our Site, product or other services are appropriate, legal, or available for use in other locations. In the event of a dispute, the parties hereto agree to consent to the exclusive jurisdiction of the courts of the State of New Hampshire. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. 18.   Termination You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspect of this Site at any time without notice.

is a Registered Trademark of Kye Power Inc. ©2008 Kye Power Inc. All Rights Reserved Kye Power Inc.