TERMS OF USE

THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH PACICO OFFERS YOU ACCESS TO ITS AKWA WEB SITE.

1. ACCEPTANCE OF TERMS

Welcome to the AKWA web site (“Site”) on the World Wide Web. Pacico, Inc. (“Pacico”) provides you access to its AKWA web site (http://www.akwa.com) subject to the following Terms of Use. By accessing, browsing, or using this Site or any of our services on this Site, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site.

This Site is controlled and operated by Pacico from its offices within the United States. Pacico makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.

2. SITE CONTENT, OWNERSHIP, AND USE RESTRICTIONS

The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. The information contained in this Site, including all images, illustrations, designs, photographs, video clips, writings, and other materials that appear on the Site (collectively referred to as the “Contents”) are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by Pacico or are the property of their respective owners. The names AKWA and Pacico and the AKWA logo are registered trademarks of Pacico, Inc. “Akwa.com” is a registered domain name owned by Pacico, Inc.

Pacico grants you permission to display, download, copy, and print portions of the Contents for your own use for the purposes of placing an order with AKWA or Pacico or examining or evaluating AKWA’s products and services, provided you do not modify the Contents and you retain all copyright and other proprietary notices contained in the Contents. This permission terminates automatically if you breach any of these Terms of Use.

Except as permitted above, none of the Contents may be copied, displayed, distributed, downloaded, mirrored, photocopied, posted, recorded, reproduced, republished, or transmitted in any manner without the express written consent of Pacico.

3. NON-PUBLIC AREAS OF THE SITE

The Site provides users with access to general information about AKWA and Pacico and their products and services. In addition, Pacico provides certain qualified customers with access to non-public areas of the Site. “Non-public areas” means any and all materials on the Site that are available or that may be accessed only through the use of a valid account designation and password authorized by Pacico. Such non-public areas of the Site may contain information concerning specific orders, inventories, order status, pricing, and styles available. By accessing the non-public areas of the Site, you agree to comply with the following terms in addition to all other terms contained in these Terms of Use:

(a) You agree not to release or disclose to any third party any information obtained from the non-public areas of the Site, including, but not limited to, information about Pacico’s and AKWA’s prices and inventories.

(b) You agree that any information obtained from or through the non-public areas of the Site shall be used only for your own legitimate business purposes.

(c) You agree that in order to gain or retain access to the non-public areas of the Site, you must have purchased at least $1,000 of merchandise from AKWA or Pacico during the twelve months immediately preceding the current month.

(d) If you qualify for access to the non-public areas of the Site, you will receive a password and account designation (user ID) upon completing the registration process for access to the non-public areas of the Site. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Pacico of any unauthorized use of your password or account or any other breach of security and of any unauthorized use or misuse of information obtained from the non-public areas of the Site.

(e) You agree that Pacico, in its sole discretion, may terminate your password, account, or access to the non-public areas of the Site for any reason, including, without limitation, for lack of use or if Pacico believes that you have violated or acted inconsistently with these Terms of Use.

4. TERMINATION

Pacico may, in its sole discretion, discontinue the Site or any part of the Site, including, but not limited to, any information or services provided from or through the public or non-public areas of the Site, with or without notice. You agree that Pacico shall not be liable to you or any third party for any termination of your access to the Site or any temporary or permanent closing of the Site or any part of the Site.

5. INDEMNITY

You agree to indemnify and hold Pacico and its subsidiaries, affiliates, officers, agents, employees, owners, and partners harmless from any claim or demand, including attorney’s fees and costs, made by any third party due to or arising from your use of the Site or any information or services obtained from or through the Site, your breach of these Terms of Use, or your violation of any rights of any other party.

6. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. PACICO PROVIDES THE SITE ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS. PACICO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PACICO MAKES NO REPRESENTATION OR WARRANTY THAT THE CONTENTS OF THE SITE ARE ACCURATE, COMPLETE, OR CURRENT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT ANY ERRORS IN THE SOFTWARE OR THE SITE WILL BE CORRECTED.

7. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL PACICO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF PACICO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, ANY OF ITS CONTENTS, OR ANY SERVICES PROVIDED THROUGH THE SITE, REGARDLESS OF THE FORM OF ACTION, INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. PRICES AND AVAILABILITY

Prices and availability of all items displayed on the Site are subject to change without notice.

Pacico is not responsible or liable for typographical or photographic errors.

9. TRANSMISSIONS

You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Pacico (“Transmissions”) shall be and remain the property of Pacico.

Pacico cannot and does not guarantee the confidentiality of any Transmissions, including, but not limited to, e-mail communications. All Transmissions shall be treated as non-confidential and non-proprietary, and Pacico shall be under no obligation of any kind with respect to such Transmissions.

You are hereby notified, and you agree, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under any applicable law. You are solely responsible for the contents of any comments you make.

10. GOVERNING LAW

All claims arising out of or relating to this Site, the use of this Site, any materials contained in this Site, any services provided through this Site, or these Terms of Use shall be governed by the laws of the United States of America and the laws of the State of California without regard to its conflict of laws provisions.

11. ARBITRATION, JURISDICTION, AND LIMITATIONS ON CLAIMS

Any claim or controversy arising out of or relating to this Site, the use of this Site, any materials contained in this Site, any services provided through this Site, or these Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any claim or controversy shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in City of Industry, California, and judgment on the arbitration award may be entered by any court having jurisdiction. You and Pacico hereby agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the County of Los Angeles, State of California.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to this Site, the use of the Site, any materials contained in this Site, any services provided through this Site, or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. REVISED TERMS OF USE

Pacico may from time to time change or revise these Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and to periodically visit this page to determine the then-current Terms of Use to which you are bound.

13. ENTIRE AGREEMENT

These Terms of Use contain the entire agreement between you and Pacico and govern your use of, and access to, the Site, the materials contained in the Site, and the services provided through the Site. You may also be subject to such additional terms and conditions as have been agreed by you and Pacico in writing. The failure of Pacico to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held invalid, the remaining provisions shall remain in full force and effect.