ACCEPTANCE OF TERMS OF USE

Please read these terms of use ("Terms") carefully. This website ("Site") includes without limitation the collection of web pages that can be accessed via www.thenameisproduct.com, and other on-line services accessible via the Site. THE NAME IS PRODUCT PROVIDES THIS SITE TO YOU AND ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively "You"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN THE NAME IS PRODUCT AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS SITE; (b) USING THE SITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

The Name Is Product may amend these Terms at any time by posting the amended terms on this Site.

You agree that You are solely responsible for any Material posted or submitted by You. You represent and warrant that You own or otherwise control all of the rights to Material submitted by You and that no use of such Material by The Name Is Product will infringe or violate any rights of any third party. You agree to defend, indemnify and hold The Name Is Product and its affiliated, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers and contractors (collectively the "Affiliates") harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and legal costs) arising from or in connection with any Material posted or submitted by You. The Name Is Product reserves the right, at any time and in its sole discretion, to delete, move or edit any Material posted or submitted by You.

PROMOTIONS

By participating in surveys, sweepstakes, contests or promotions on this Site, and/or requesting promotional information or product updates, You hereby agree that The Name Is Product may use information about You for marketing, product development and promotional purposes. You agree that The Name Is Product may use information about You and Your use of this Site in any manner that does not reveal Your identity and/or consistent with the terms of The Name Is Product's Privacy Policy. Further, You agree that The Name Is Product may send You electronic mail for the purpose of advising You of updates to this Site, providing You with information on The Name Is Product products or for such other purpose as The Name Is Product deems appropriate.

$1000 PRODUCT GIVEAWAY Official Rules

1) HERE’S HOW TO ENTER:  From 4/24/09 through 5/31/09, visit http://www.thenameisproduct.com/giveaway and follow the on-screen instructions to complete the entry form and submit an entry for random selection of 100 recipients.  Non-winning entries will receive a promotional code via electronic mail for 25% discount on purchases made in the PRODUCT online store, 
valid from time of receipt through 7/31/2009.  Entries must be received by 11:59:59 PM (ET) on 5/31/09  to be eligible for selection.  Limit one entry per email address.  If more than one entry is received per email address, only the first such entry received will be eligible.

2) RECIPIENT SELECTION:  Selection of the $1000 PRODUCT Giveaway recipients will be conducted on or about 6/1/09.  The first 100 eligible entries received during the prior Entry Period (4/24/09 through 5/31/09) will be awarded the $1000 PRODUCT Giveaway offer.  Recipient selection will be conducted by The Name Is Product, whose decisions are final on all matters relating to this offer.  All non-winning eligible entries will be contacted by The Name Is Product via electronic mail with a promotional code for 25% discount on purchases in The Product Store at thenameisproduct.com.

3) PRIZES:  100 jars of PRODUCT pomade for hair, with a total approximate retail value of $1,400 will be awarded.  Selected recipients will be notified via electronic mail and will be required to provide a shipping address within ten (10) days of sent electronic mail selection notification.  Noncompliance within this 
time period or return of any electronic mail selection notification as undeliverable will result in disqualification and an alternate recipient will be selected.  No substitution or transfer of any prize by any winner permitted except by The Name Is Product in its sole and absolute discretion.  In no event will more than the stated number of prizes be awarded.  By accepting prize, winners (or parent/
legal guardian if winner is a minor) agree to hold The Name Is Product, its respective directors, officers, employees and assigns, harmless against any and all claims and liability arising out of use of prize.  Winners (or parent/legal guardian if winner is a minor) assume all liability for any injury or damage caused, or claimed to be caused, by participation in this promotion or use or redemption 
of any prize.  Entrants (or parent/legal guardian if entrant is a minor) agree to release, discharge and hold harmless Sponsor, its respective directors, officers, employees and assigns, harmless from and against any and all liability and damages.  By participating in this promotion, entrants (or parent/legal guardian if entrant is a minor) agree to be bound by the Official Rules and The Name Is 
Product’s decisions which are final.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.  All material submitted becomes the sole property of The Name Is Product and will not be returned.  The Name Is Product is not responsible for any typographical or other error in the printing 
of the offer, administration of the sweepstakes or in the announcement of the prizes.

NOTICE TO ONLINE ENTRANTS:  ANY ATTEMPT BY AN INDIVIDUAL TO 
DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE
OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.  Not responsible for faulty, incorrect or mistranscribed phone transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the 
promotion.  The Name Is Product reserves the right to cancel or modify the promotion if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by The Name Is Product, in their sole discretion.  In the event of termination, a notice will be posted 
online and the recipient selection will be conducted from among all eligible entries received prior to termination.  Any damage made to the Web Site will be the responsibility of the authorized e-mail account holder of the e-mail address submitted at the time of entry.  Proof of submitting entries will not be deemed to be proof of receipt by The Name Is Product.  Any entries which are suspected 
of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by The Name Is Product.  The Name Is Product reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or 
if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.

SUBMISSIONS BY YOU

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by You to The Name Is Product on this Site or otherwise disclosed, submitted or offered in connection with Your use of this Site (collectively "Comments") shall be and remain The Name Is Product's property. Any such disclosure or submission of Comments shall constitute an assignment to The Name Is Product of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. The Name Is Product will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Name Is Product is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay any compensation for Comments; or (3) to respond to any Comments.

CONTENT PROVIDED VIA LINKS

You may find links to other Internet sites or resources on the Site. You acknowledge and agree that The Name Is Product is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The Name Is Product will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

DISCLAIMER OF WARRANTIES

THIS SITE AND ITS MATERIAL ARE PROVIDED "AS IS" FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS MATERIAL ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE NAME IS PRODUCT DOES NOT WARRANT OR GUARANTEE THAT ALL MATERIAL IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS MATERIAL AND PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL MATERIAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THE NAME IS PRODUCT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND THE PRODUCTS, SERVICES AND MATERIAL AVAILABLE FROM THIS SITE. YOUR USE OF THIS SITE AND ITS MATERIAL IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE NAME IS PRODUCT BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT THENAMEISPRODUCT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW.

INTERNATIONAL USE

The Name Is Product makes no representation or warranty that this Site and its Material are appropriate or available for use in locations outside the United States. Accessing this Site or the Material from territories in which this Site or the Material is illegal is prohibited. You agree that if You choose to access this Site or Material from any locations outside the United States, You do so on Your own initiative and are solely responsible for compliance with local laws.

CONSENT TO PRIVACY POLICY

You consent to the collection, processing and storage by The Name Is Product of Your personal information in accordance with the terms of The Name Is Product's Privacy Policy. You agree to comply with all applicable laws and regulations, and the terms of The Name Is Product's Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with this Site.

PRIVACY POLICY

We invite you to shop with confidence on our secure site. PRODUCT adheres to a strict privacy policy, which     means your information will not be shared, sold, or otherwise distributed, and will be used respectfully.

MISCELLANEOUS

If there is a dispute about these Terms or Your use of this Site, the laws of the State of California, United States of America, shall apply, without regard to any conflict of law provisions, and it shall be resolved exclusively by the state and federal courts sitting in California in the State of California, United States of America.

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