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Terms of Use Agreement

Please read these Terms of Use carefully before using these World Wide Web pages operated by K2 Distributing ("K2 Site"). By accessing or using the K2 Site, you agree to be legally bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use the K2 Site.

Privacy
K2 Distributing is committed to maintaining your confidence and trust. You may be assured that your information will be kept strictly confidential. We will not sell your personal data to any outside corporation or organization. K2 Distributing's goal in collecting information is to provide you, the user, with better, customized service.

K2 Distributing does not guarantee the security of any information transmitted to or from K2 Site. You understand and agree to assume the security risk for any information you provide using the K2 Site.

Accessing or Using K2 Site
If you choose to access or use K2 Site, you agree to comply with any rules or regulations governing such activity. Additionally, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the access or use of K2 Site; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from accessing or using K2 Site, and may result in additional legal actions being taken by K2 Distributing.

Indemnification
You will indemnify and hold harmless K2 Distributing, its parent, affiliated and subsidiary entities, and the successors, licensees, assigns, officers and directors of each from and against any and all claims, losses and damages (including reasonable attorney's fees) constituting and arising out of a breach of any of the provisions of these Terms of Use, including without limitation from your placement or transmission of any content on K2 Site's servers, and/or from any and all use of K2 Site.

Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas without regard to its provisions regarding conflicts of law. You agree to submit to the exclusive jurisdiction of the federal, state, and local courts located within the State of Texas. If any provision of these Terms of Use is unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision. These Terms of Use set forth the entire agreement regarding all of the matters discussed herein. Because these Terms of Use are subject to change and you will be legally bound by such changes, you should periodically visit this section to review the current Terms of Use. We reserve the right to terminate this agreement at any time without notice for any reason. These Terms of Use were last updated on October 6, 2001.