The following Terms of Access constitute a legal agreement between you and Ecom Partners, Inc. ("Ecom"). By accessing, browsing and/or using the ApparelTrak website ("ApparelTrak"), you acknowledge that you have read, understand and agree to be bound by these Terms of Access and to comply with all applicable Laws including, without limitation, all export control laws, regulations, and/or other directives, and all state, federal and local country tax and tariff laws, regulations, and/or directives. If you do not agree to these Terms of Access, do not use ApparelTrak.

2.1 Acceptable Use. You agree to:

(a) Use ApparelTrak only for lawful purposes;

(b) Use ApparelTrak only for the purposes set forth in ApparelTrak User Agreement;

2.2 Prohibited Activities. You agree not to:

(a) Violate the privacy rights of other user of ApparelTrak;

(b) Alter or tamper in any way with the software, look and feel or functionality of ApparelTrak;

(c) Violate Ecom's or its third party licensors' rights, if any, in Ecom Intellectual Property and Confidential Information;

(d) Reproduce, copy, translate, modify, adapt, distribute, transmit, transfer, republish, modify, compile or decompile, reverse engineer, distribute, transmit, display, remove or delete the Ecom Intellectual Property or the content and information provided by Ecom, its third party licensors and/or other ApparelTrak User;

(e) Allow unauthorized disclosure or copying of any part of ApparelTrak or any information obtained from ApparelTrak;

(f) Allow access to or use of ApparelTrak by any third parties including, without limitation, to provide timeshare services, service bureau services, outsourcing or consulting services or for any unlawful purpose;

(g) Engage in any conduct that, in Ecom's sole discretion, restricts, inhibits or impacts any other user from using or enjoying ApparelTrak; and

(h) Post on or otherwise transmit through ApparelTrak any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability or otherwise violate any applicable Laws.

2.3 Termination of Access. Ecom shall have the right to terminate, limit or suspend your access to all or any part of ApparelTrak at any time, with or without notice, for any conduct that Ecom, in its sole discretion, believes is in violation of ApparelTrak Agreement, these Terms of Access , any applicable Laws or is harmful to the interests of another user, any third party or Ecom.

2.4 Ecom's Role in ApparelTrak./ ApparelTrak is a service for users to participate in a dynamic supply chain comprising of a community of users who have each agreed to be bound by the terms of the ApparelTrak Service Registration Agreement. Ecom is not a party or an agent of any user of ApparelTrak in supply chain transactions conducted, managed, scheduled and tracked via ApparelTrak. Ecom does not set or endorse the arrangements, agreements or terms and conditions thereof for supply chain services among ApparelTrak users via ApparelTrak, the ability of any user of ApparelTrak to perform any supply chain service or the quality of such service. Ecom cannot and does not control whether user of ApparelTrak will complete any supply chain service they offer. Ecom is not responsible for payment or collection with respect to supply chain services conducted, managed, scheduled and tracked via ApparelTrak.

2.5 Disclaimer. APPARELTRAK AND ALL SERVICES PROVIDED BY ECOM TO APPARELTRAK USER INCLUDING, WITHOUT LIMITATION, ALL DATA, CONTENT AND SUPPLY CHAIN TRANSACTIONS, ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND. ECOM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, ECOM, ITS AFFILIATES OR THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, OR EMPLOYEES MAKES NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF APPARELTRAK OR ANY INFORMATION OR CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA APPARELTRAK. APPARELTRAK USER ACCEPTS FULL RESPONSIBILITY FOR ANY SUPPLY TRANSACTIONS CONDUCTED, MANAGED, SCHEDULED AND TRACKED VIA APPARELTRAK BY APPARELTRAK USER AND/OR ITS AUTHORIZED USERS USING THE APPARELTRAK. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ECOM ARE AUTHORIZED TO MAKE ANY REPRESENTATION, WARRANTY OR COVENANT ON BEHALF OF ECOM. ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. ECOM, ITS AFFILIATES OR THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, OR EMPLOYEES DOES NOT WARRANT OR COVENANT THAT APPARELTRAK WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. APPARELTRAK USER EXPRESSLY AGREES THAT USE OF APPARELTRAK IS AT APPARELTRAK USER'S SOLE RISK AND THAT ECOM, ITS AFFILIATES OR THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, OR EMPLOYEES SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS OR ERRORS IN THE APPARELTRAK. THIS SECTION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

2.6 Limitation On Liability. ECOM, ITS AFFILIATES OR THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, OR INTERRUPTION OF BUSINESS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO APPARELTRAK OR DISRUPTION THEREOF, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF ECOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION TO THE FOREGOING, ECOM, ITS AFFILIATES OR THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, OR EMPLOYEES SHALL BE LIABLE TO ANY PARTY THAT IS NOT A USER OF APPARELTRAK FOR ANY DIRECT DAMAGES RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO APPARELTRAK OR DISRUPTION THEREOF, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.

2.7 Intellectual Property Rights. The registered and nonregistered trademarks of Ecom including, without limitation, [OTHERS], Ecom and APPARELTRAK, and all data, software, text, typefaces, graphics, logos, button icons, images, audio clips, designs, illustrations, configurations, displays, screens, concepts and other materials and information appearing on, displayed in connection with, embodied in, or contained within or relating to ApparelTrak, except for ApparelTrak User Content as set forth below (collectively, "Ecom Intellectual Property") are the exclusive property of Ecom and its third party licensors and are protected by applicable Laws. ApparelTrak User Content and all patents, inventions, trademarks, copyrights, trade names and other intellectual property related thereto, shall be and remain the exclusive property of ApparelTrak User and its third party licensors and are protected by applicable Laws. Any use not authorized by the Terms of Access including, without limitation, the reproduction, modification, distribution, transmission, republication, display, removal or deletion of Ecom Intellectual Property on ApparelTrak, in whole or in part, in all forms, media and technologies now existing or hereafter developed, is strictly prohibited. Nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title or ownership of or to any Ecom Intellectual Property. Except as otherwise authorized by ApparelTrak User Agreement or the Terms of Access, you may not upload, post, reproduce, copy, translate, alter, modify, create derivative works of or distribute, in any way, Ecom Intellectual Property, without obtaining prior written permission from Ecom. The Ecom Intellectual Property made available on or through ApparelTrak may not be used in connection with any product or service that is different than the product or service with which it is related to on ApparelTrak or in any manner that is likely to cause confusion among customers, disparages or discredits Ecom or a third party or diminishes the value of the Ecom Intellectual Property. Ecom represents, and based on such representation, you expressly acknowledge that, the Ecom Intellectual Property: (a) has been developed and prepared by Ecom and its third party licensors through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, money and effort; (b) contains trade secrets of Ecom and its third party licensors; (c) is protected by applicable Laws; and (d) constitutes valuable property of Ecom and its third party licensors. You further agree that unauthorized copies or disclosure of the Ecom Intellectual Property will cause great damage to Ecom and its third party licensors, which damage far exceeds the value of the information involved.

2.9 Links To Third Party Websites; Framing. The ApparelTrak may provide links or references to other sites. Ecom has no responsibility for the content of these other sites, does not make any representations or give any warranties with respect to any information contained at or made available through these other sites and shall not be liable for any damages or injury arising from the content of these other sites. Any links to other sites are provided merely as a convenience to you and, if you decide to access any of the third party sites linked to ApparelTrak, you do so entirely at your own risk. Ecom reserves the right to terminate any link or linking program at any time. Ecom does not endorse the individuals, companies, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to ApparelTrak at their sites. Unless approved in writing in advance by Ecom, you agree not to: (a) provide or create a link to ApparelTrak; and (b) create any frames at any other sites pertaining to any of the content located at ApparelTrak. Contact Ecom to seek approval for linking to ApparelTrak.

2.10 Updates. The content published on ApparelTrak may include technical inaccuracies or typographical errors. Changes may be made periodically and at any time to the content. Ecom may also make improvements and/or changes in the services and/or the programs or policies of ApparelTrak at any time without notice. Additionally, Ecom shall have the right to revise these Terms of Access at any time, and ApparelTrak User will have an opportunity to review such changes before acceptance.