Copyright. All Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links and other files and the selection and arrangement thereof (the “Materials”) are copyrighted materials of Virtika. Permission is granted to display, copy, distribute, and download the Materials on this Site for personal, noncommercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. You may not, however, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on this Site for commercial use without prior written approval of Virtika. You may not “frame” or “mirror” any Material contained on this Site on any other server without prior written permission from Virtika. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Trademarks. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are trademarks of Virtika or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Virtika or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Virtika or the Trademark owner. Nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of Virtika or the Trademark owner. The misuse of the trademarks displayed on this Site is strictly prohibited.

Hyperlinks. You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page of this Site and does not portray Virtika, or any of Virtika’s products, in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Virtika Trademark or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without Virtika’s express written consent. Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. Virtika has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Virtika does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. You acknowledge and agree that Virtika shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.

Downloadable Materials. Any Materials that are made available to download from this Site are the copyrighted work of Virtika and/or its licensors or suppliers. Without limiting the foregoing, copying or reproduction of the Materials to any other server or location for further reproduction or redistribution is expressly prohibited.

Content. You understand that all postings, messages, information, data, text, files, images, photos, images, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on the Site (collectively, the “Content”), are the sole responsibility of the person from whom such Content originated. You understand that FD Wear does not control, and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Virtika be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Site.

Limited Access. Any access or attempt to access other areas of the Virtika computer system or other computer systems through the Site for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without Virtika’s prior, express, and written permission. You will not spam or send unsolicited email to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Virtika’s infrastructure.

Additional Use Restrictions. You may only use the services provided by Virtika via the Site (the “Services”) in a manner that, in Virtika’s sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact Virtika at [email protected]. By way of example, and not limitation, you agree not to:

A. Use the Site for any commercial purpose, such as conducting sales of merchandise or services of any kind.

B. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or any other Content that could give rise to any civil or criminal liability under both domestic and international law. Pornography and pornographic related merchandising are prohibited under all Services, including providing links to pornographic content elsewhere.

C. Harm or attempt to harm minors in any way.

D. Impersonate any person, including, but not limited to, the Site owner, a Virtika official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person.

E. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page).

F. Upload, post or otherwise transmit any Content that you do not have a right to transmit 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).

G. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

H. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

I. Upload, post or otherwise transmit 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.

J. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.

K. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

L. Intentionally or unintentionally violate any applicable local, state, national or international law. You shall be responsible for determining what laws or regulations are applicable to your use of the Services.

M. “Stalk” or otherwise harass another.

N. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “crush” sites.

O. Effectuate security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.

P. Harvest or collect information about other Site users without their express consent.

Q. Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site.

R. Express or imply that any statements you make are endorsed by Virtika without Virtika’s prior written consent.

S. Assist any third party in engaging in any activity prohibited by this Agreement.

This Site, including all software, functions, materials, and information, is provided ON A “as is” AND “AS AVAILABLE” BASIS without warranties of any kind, either express or implied. Virtika disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, title, merchantability of computer programs, data accuracy, system integration, and informational content. Virtika does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy or reliability of this Site or any other sites linked to this Site. Virtika does not and cannot guarantee or warrant that the files available for downloading from this Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Virtika does not warrant that this Site, THE materials, THE products, or THE services will be uninterrupted, DEFECT-FREE or error-free or that any defects in this Site, THE materials, THE products, or THE services will be corrected.

In no event will Virtika or ITS LICENSORS or SUPPLIERS be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Site, any websites linked to this Site, the materials or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Virtika’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Virtika in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by Virtika. This Agreement may not be assigned in any manner by you without the express, prior written permission of Virtika. Unless otherwise specified, the Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal in the County of Boulder, Colorado (the “Colorado Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Colorado Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Colorado Courts represent the exclusive jurisdiction for all disputes relating to this Agreement. Virtika shall be entitled to all attorneys’ fees and costs in connection with enforcing any provision of this Agreement. This Agreement contains the entire understanding of the parties regarding the subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the subject matter.