TERMS AND CONDITIONS OF USE

Thank you for visiting http://www.earthtec.com (the “Site”) which is operated by Trail Tex LLC (“Earthtec,” “we,” “us,” or “our”)! We hope you find our Site informative and enjoyable.

Please read these Terms and Conditions of Use carefully because by using our Site, you agree to be bound by and comply with our Terms and Conditions of Use, which include and incorporate our Privacy Policy, to the full extent as allowable by applicable laws.

Content and Copyright, Trademark, and Related Issues

The contents contained on our Site, including information, text and graphics, and all other material, features, and functions (collectively, the “Content”), are for your personal informational purposes only. We authorize you to view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors and is protected by copyright, trademark, and other laws and regulations of the United States and foreign laws. You may not use Content in any way not expressly permitted by these Terms and Conditions. The Content and the Site generally are subject to change or termination without notice.

The trademarks, names, slogans, logos, characters, and service marks (collectively “Trademarks”) displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms and Conditions, is strictly prohibited.

Earthtec will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.

User Submissions

The Personal Information you submit to the Site is governed by the Site’s Privacy Policy. When we use the term “Personal Information” we mean information such as your first/middle name or initial and last name, street address, town or city, state, zip code, telephone number, email address, gender, and any other information that would allow someone to identify you or contact you. You agree you will not send, upload, or transmit any communication or content of any type to to us via the “Contact Us” link that infringes or violates any rights of any party or violates these Terms of Use. By submitting or otherwise exchanging communications or content, including, without limitation, any personal or commercial information, idea, concept, or invention (individually and collectively, “User Content”), you agree that such User Content will not be considered or treated as confidential and: a) you acknowledge and understand others may see, read, use, or re-transmit such User Content; b) you explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content; and c) that Earthtec is thereby granted a royalty-free, perpetual, irrevocable, unrestricted, worldwide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform, and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed. Earthtec may sublicense its rights through multiple tiers of sublicenses. Earthtec however, is under no obligation to use the User Content.

Linking/Third-Party Links on Our Website

Our Site may contain links to other websites. Earthtec does not recommend, monitor, control, or endorse any third-party advertising or content, or the content on any third-party websites and is not responsible for such websites’ terms of use or privacy policies or how they may treat your information. Your use of third-party websites is at your own risk. Please be mindful of this as you link to other websites.

Earthtec will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful website, or any website that may adversely affect the name, reputation, and goodwill of Earthtec, its parent, affiliates, and its products. Earthtec reserves the right to cancel permission to link at any time, for any reason.

Limitation of Liability

The use of the Site and Content is at your own risk and are provided “as-is.” Transmissions over the internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise, or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.

TO THE FULLEST EXTENT PERMITTED BY LAW, EARTHTEC AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

In no event shall we, the Site, our parent, affiliates, licensors, suppliers, and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary, and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability, or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, Earthtec shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to USD $1000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content, or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.

Although some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements, the exclusions, limitations, and disclaimers in these Terms and Conditions of Use shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.

Indemnification

You agree to defend, indemnify, and hold Earthtec, its officers, directors, employees, parent, affiliates, agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

Earthtec is based in New Hampshire, in the United States of America. Earthtec makes no claims that the Site, any Content, or User Content are appropriate or may be transmitted, used, or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Any terms or conditions in these Terms and Conditions of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms and Conditions of Use.

Law that Applies/Interpretation and Modification

You expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of Rockingham, State of New Hampshire, to adjudicate and resolve any dispute with Earthtec, its parent, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and Content providers or in any other way relating to the Site, including Content or User Content.

YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF NEW HAMPSHIRE IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

These Terms and Conditions of Use are governed by the substantive laws of the State of New Hampshire, without respect to its conflict of laws principles. If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms of Use, including our Privacy Policy, at any time and although we will generally try to provide at least 30 days’ advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our Site. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.

Copyright Violations

Complete Agreement

These Terms and Conditions of Use, including our Privacy Policy, constitute the entire agreement between you and Earthtec regarding the Site and supersedes any and all other terms, representations, promises, or discussions. Only Earthtec has the authority to agree to amendments to these Terms and Conditions of Use, and to be considered binding, any amendments must be in writing and executed by Earthtec.

Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using our “Contact Us” form or via USPS mail to the address indicated on the Site.

EARTHTEC MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING.

OCTOBER 2010

PRIVACY POLICY

Earthtec recognizes the importance of protecting the privacy needs of users of this Site, subscribers to our mailing lists, and participants in our surveys, polls, contests, and sweepstakes (collectively, “Users”). The following Privacy Statement is based on our respect for our Users’ privacy and describes the Personal Information (e.g. name, address, email address, phone number, etc.) we gather about you, what we do with it, the safeguards we have in place to protect it, and how you can control our use of such Personal Information. When you provide Personal Information, you are consenting to the manner in which we will collect, use, disclose, and otherwise manage your Personal Information, as set out below.

Who May Use the Site

Our Site is not intended or designed to attract users under the age of 13. Although Earthtec and our Site do not specifically seek to obtain any information from children under the age of 13, there are certain areas of our Site that children may visit. Earthtec does not knowingly collect personal information from individuals under 13. If individuals under 13 years of age wish to participate in contests or promotions, they must obtain the consent of their parent or guardian. If you are under 13, we ask that you not send us any Personal Information unless you have parent or guardian permission. In the event that we learn that such information has been sent to our Site, we will not create a profile or otherwise retain the child’s information.

Our Site is intended for users from the United States and those not governed by privacy policies of other countries. Users from such other countries are advised not to disclose Personal Information to our Site. Information sent to us will be housed on servers located in the State of Texas, in the United States. Do not send us information unless you consent to the application of U.S. law and to the use and disclosure of your information consistent with this Privacy Statement.

Information Collected and Used by our Website

Other Ways We Collect and Use Your Personal Information

Promotional Information and Marketing Materials. We would like to inform you of products and services, sales, and special offers that might benefit you. When you register online, request a newsletter or mailing list, or participate in a Earthtec Activity, you will have the opportunity to sign up for e-mails about our products, services, sales, and special offers. If you would like to stop receiving such promotional information from us, please see the “Marketing & Contact Preferences/Opt-out/Updating or Removing Information” section of this Privacy Statement.

Access to Personal Information by Companies that Work with or on Behalf of Earthtec

Some of our operations, such as our electronic commerce, may be managed by service providers who are unaffiliated, third-party companies. These companies may share Personal Information with their affiliates and with service providers whom they engage to perform services related to our Site or the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing fulfillment houses. These companies may have access to your Personal Information on a confidential basis only to the extent necessary to perform these contracted for functions. We will not authorize these companies to use your Personal Information for any reason other than to provide you with specific contracted-for services. For reasons of security, our Site does not store credit card information permanently on any web server.

Other Uses of Personal Information

We may also use the Personal Information you voluntarily provide, in addition to information provided to us from our service providers, to continually assess and improve the products and services we offer. To serve you better, we may combine the Personal Information that you give us with publicly available information and information we receive from or cross-reference with our marketing partners and others. We may use that combined information to enhance and personalize your experience with our Site, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.

We may also collect Personal Information about you from our service providers who provide us with e-commerce related services related to the Site. Our web server automatically logs non-specific information about users including IP address, aggregate user data (which will not contain any Personal Information related to a single visitor), and browser type. This data is used to manage our Site, track usage, and improve the Site’s functionality. This non-specific information may be shared with third parties to provide more relevant services and advertisements to users.

Sale of Business

In the event that Earthtec or some of our assets are sold or transferred or used as security, your Personal Information may be shared with third parties as part of that transaction. Lenders and business partners will be asked to maintain the same privacy as Earthtec.

Disclosures of Personal Information in Legal Proceedings

If Earthtec, our Site, or any of our service providers is requested by law enforcement officials or judicial authorities to provide Personal Information on individual users, we or the applicable service provider may, without your consent or any notice to you, provide such information.

In matters involving claims of personal or public safety, we or the applicable service provider may provide your Personal Information to appropriate authorities without your consent or court process or any notice to you. We or our service providers also may provide your Personal Information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or, in litigation involving Earthtec, to the applicable service provider. We may also disclose Personal Information to assist in debt collection where you owe a debt to us.

Use of Cookies by our Website

Our Site uses a technology called “cookies.” A cookie is a tiny element of data that our Site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. Cookies also allow us to store Users’ preferences and to record session information, for purposes including ensuring that Users are not repeatedly offered the same advertisements and to customize newsletter, mailing list, advertising, and web page content based on browser type and user profile information. We do not link the information we store in cookies to any Personal Information you submit while on our Site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set – each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences – however, you must enable cookies from our Site in order to use most functions on our Site. Our Site may also use a technology called “tracer tags.” These may also be referred to as “Clear GIFs” or “Web Beacons.” This technology allows us to understand which pages you visit on our Site. These tracer tags are used to help us optimize and tailor our Site for you and other future Site visitors.

Posting on the Website Blog

You agree that Earthtec and the Site are not responsible for anything you post or any result of your postings. If you reveal information about yourself or others that creates danger you will have to take responsibility for the results. Earthtec cannot do so.

Links

Our Site may provide links to other websites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that Earthtec and our Site are not responsible for the availability of external websites or resources, and Earthtec and our Site do not endorse such websites, their contents, advertising, products, or other materials. You further agree that Earthtec and our Site shall not be responsible or liable, directly or indirectly, for any damage, viruses, or loss caused or alleged in connection with your use of content, goods, or services available on an external website or resources. In the event you decide to access or use any other websites, you agree to do so at your own risk.

Marketing & Contact Preferences/Opt-out /Updating or Removing Information

At various points during the registration process on our Site, when signing up for a Earthtec Activity, or when subscribing to a newsletter or mailing list, you may be asked to indicate your willingness to allow us to communicate with you on an on-going basis, or receive updates or notifications regarding the service. We will honor your preferences. At any time, however, you may: a) stop the receipt of a particular promotional or notification email by clicking on an “unsubscribe” hyperlink contained in any promotional or notification emails we send you; or b) opt out of further disclosures of your personal information to third parties or by contacting us at our mailing address indicated on the Site or via email. It may take up to six (6) weeks to modify your preferences.

Security

All information, including order information such as credit card number and delivery address, provided to our Site is transmitted through the internet using SSL (Secure Socket Layer) encryption. SSL, an industry standard, is a coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. Since any order information you provide to us on the Site will be transmitted using a secure connection, if your web browser cannot support this level of security, you will not be able to order other items through our Site. The most recent versions of Netscape Navigator™ and Microsoft Internet Explorer® can support a secure connection and can be downloaded for free from the Netscape and Microsoft websites, respectively. We protect account information by placing it on a secure portion of our Site. We do not store credit card information permanently so you must supply the information each time you order.

Unfortunately, no data transmission over the internet is 100% secure. Earthtec will take reasonable measures which we believe are appropriate to protect your personal information from loss, misuse, alteration or destruction; however, Earthtec cannot ensure or warrant the security of that information.

Privacy Statement Modifications

From time to time we may modify or amend this Privacy Statement in order to comply with new laws or regulations or to reflect future changes in our business practices. Any changes in our policies will be communicated in this page, so please check back on occasion. We also may post a notice on our Site or send an email describing the changes.

This Privacy Policy was last modified on October 1, 2010, and is effective immediately.

DISCLAIMERS

All garment specifications are subject to change without notice.