Your relationship with Two-Five Cloth
Your use of Two-Five Cloth’s products and web sites (referred to collectively as the “Services” in this “Terms of Use” or TOU and excluding any services provided to you by Two-Five Cloth under a separate written agreement) is subject to the terms of a legal agreement between you and Two-Five Cloth. These Terms of Use explain how that agreement is comprised, and sets out some of the terms of that agreement.

Unless otherwise agreed in writing with Two-Five Cloth, your agreement with Two-Five Cloth will always include, at a minimum, the terms and conditions set out in this document. These are referred to as the TOU.

Note: the Two-Five Cloth Privacy Policy is incorporated by reference into these TOU as if verbatim.

Description of Services
Two-Five Cloth provides users with access to Services and content that may be accessed through our web site. You understand and agree that the Services are both web-based and those Services that you need to enter into a written agreement with Two-Five Cloth to enjoy.

Unless explicitly stated otherwise, any new features that augment or enhance the current Services, web site or other Two-Five Cloth products including the release of new Two-Five Cloth Services or products, shall be subject to this TOU. You understand and agree that the all Services, including but without limitation, the content and information on the web site are provided "AS-IS" and that TWO-FIVE CLOTH ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS OR DELETION OF ANY CONTENT OR INFORMATION ON ITS WEB SITE, NOR DOES TWO-FIVE CLOTH MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER IN RELATION TO YOUR USE OF THESE AND ALL TWO-FIVE CLOTH SERVICES, PRODUCTS OR WEB SITE.

Your Use of Services
Two-Five Cloth assumes no liability for damages consequent to the use of any Two-Five Cloth Services or any material contained within the Two-Five Cloth web site, including but without limitation to the Two-Five Cloth application, any demo programs or application programs downloaded from or accessed via this web site or any other site to which the Two-Five Cloth web site is linked. Two-Five Cloth reserves the right to change any material within this web site including but without limitation to: manuals, service descriptions, API specifications, prices, and warranty terms, at any time without notice. The information furnished by Two-Five Cloth is believed to be accurate and reliable at the time of posting. However, no responsibility is assumed by Two-Five Cloth for its use nor for any infringements of patents or other rights of third parties resulting from its use. Third-party products and the mention of non-Two-Five Cloth products, services, or web sites are for informational purposes only and constitute neither an endorsement nor a recommendation. Links from the Two-Five Cloth web site to third party web sites are provided solely as a convenience. Two-Five Cloth not responsible for any of these sites or their content, and does not endorse or make any representations whatsoever about them, or any information, software or other products or materials found there. Any access to third party sites is done entirely at your own risk.

Limitation of Liability
Two-Five Cloth will not be liable for direct, indirect, special, incidental, cover, economic or consequential damages arising out of the use or inability to use the contents of its web site, even if advised of the possibility of such damages.

Applicable Laws
Two-Five Cloth administers this web site from Texas, and makes no representation that materials at this web site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. If you choose to access this web site from outside the United States, you do so at your own initiative and are responsible for compliance with all applicable Federal, State and Local laws. This agreement is governed by Texas law as such laws apply to agreements entered into and to be performed entirely within Texas between Texas residents. Any claim arising out of or relating to this agreement or Two-Five Cloth shall be settled by binding arbitration in Collin County, Texas in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Texas law. However, (a) each of us may seek interim relief from a Collin County, TX court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

FORCE MAJEURE
Two-Five Cloth will not be liable for any losses whatsoever arising out of the delay or interruption of its Services under this TOU due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions of a third party, infiltration or disruption of the Two-Five Cloth Services by a third party by any means, or other catastrophes or any other occurrences which are beyond Two-Five Cloth’s reasonable control (each a “Force Majeure Event”).

GOVERNING LAW/ARBITRATION
This agreement is governed by Texas law as such laws apply to agreements entered into and to be performed entirely within Texas between Texas residents. Any claim arising out of or relating to this agreement or Two-Five Cloth com shall be settled by binding arbitration in McKinney, Texas in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Texas law. However, (a) each of us may seek interim relief from a Collin County, TX court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

COPYRIGHT
All text, pictures, drawings and other graphics herein Copyright 2008 by Two-Five Cloth. All rights reserved. No material in this site may be reproduced in any way, including but without limitation on the Internet, on CD ROM, or in print, without the express written permission of Two-Five Cloth Inc. The trademarks and trade-names used herein are registered to their respective owners.

Two-Five Cloth may revise this TOU at any time by updating this posting, thus it is advised that you regularly visit this page to review the terms and conditions for use of this site which are BINDING ON YOU.