TERMS OF USE Welcome to the Almost Famous Clothing website (the “Website”). The following Terms of Use governs Your access to and use of the Website and the Website’s content, including its text, layout, images and graphics and the selection and arrangement thereof (collectively, “Content”) available on or through the Website. The words “Terms of Use,” “You” and “Your” as used in this Agreement refer to users of the Website and other persons who access the website. Please review the following disclosures and terms that govern your use of the Website (the "Agreement"). The Website is owned and operated by Turn On Products, Inc. (“Turn On Products”). As used in this Agreement, the words “We,” “Us,” and “Our” refer to Turn On Products.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.

Your use of the Website constitutes your Agreement and acceptance without change of these terms and conditions. In addition, as a condition of your use of the Website, you represent and warrant to Turn On Products that you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. If you do not agree and accept these terms and conditions, your use of the Website is prohibited. Other than this Agreement, Turn On Products will not enter into any Agreement with you or have any obligation to you through the Website and no attempt to create such an Agreement will be effective.

By accessing, browsing or using the Website, you acknowledge that:
1. You, or, if you are under 18 years old, your parent or guardian, have read and understand all of the terms and conditions of use;
2. You agree to be bound by all of the terms and conditions of these terms of use;
3. These terms of use is the legal equivalent of a signed, written contract between you and Turn On Products; and
4. If accessing, browsing or using the website on behalf of an entity, you have full authority to bind your entity to all of the terms and conditions of these terms of use.
If you are not willing to be or cannot be bound by all of the terms and conditions of this agreement, including without limitation the acknowledgement set forth in paragraphs 1-4 above, then do not browse or use the website, and, any moreover, Turn On Products does not and will not grant you any right or license to access, browse or use the website without your willingness and ability to be bound by all of the terms and conditions of this Agreement, including without limitation the preceding acknowledgement.

We reserve the right, in our sole discretion, to change, modify, add or otherwise alter these terms and conditions at any time. Such changes, modifications and/or alterations are effective immediately upon their posting here. Your continued use of the Website will constitute Your consent to these new terms. You are responsible for periodically reviewing this page.

LICENSE
You agree by accessing, browsing or otherwise using the Website, the Website and the Content are and remain the sole property of Turn On Products or third-party providers, as applicable. Except as expressly permitted by Turn On Products in writing, You agree that Your license to access, browse and/or use the Website and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Website and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content.

Except as expressly permitted by Turn On Products in these Terms of Use or otherwise in writing, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Website or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, You shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the names “Turn On Products”, “Almost Famous Clothing,” “Almost Famous,” or any other colorable equivalent without the prior written authorization of Turn On Products.

INTELLECTUAL PROPERTY
All right, title and interest in and to the Website and the Content and all intellectual property rights embodied therein, are the property of Turn On Products or its licensors or suppliers. The Website and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by these Terms of Use or by Turn On Products’ express authorization. Requests for permission to reproduce any of the Content may be made by sending an e-mail to contact@almostfamousclothing.com. “Turn On Products,” and “Almost Famous” are trademarks (individually and collectively, the Turn On Products Trademarks”) owned by Turn On Products. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Turn On Products or their respective owners.

Except as provided in these Terms of Use, Turn On Products does not grant You any rights in or to the Turn On Products Trademarks or the Other Trademarks. You agree that You shall not use the Turn On Products Trademarks or the Other Trademarks in any manner inconsistent with the provisions of these Terms of Use, without the prior written authorization of Turn On Products or the respective owners of the Other Trademarks as the case may be. Requests to use the Turn On Products Trademarks or other Turn On Products trademarks for purposes other than stated in these Terms of Use may be made by sending an e-mail to contact@almostfamousclothing.com.

USE OF THE WEBSITE
Without limiting anything else contained in this Agreement, You agree and acknowledge that: The Content and the databases used to store the Content (“Databases”) and any other information contained therein are valuable intellectual property owned by or licensed to Turn On Products, and that no proprietary rights therein are being transferred to You by these Terms of Use;
You will not, directly or indirectly: (a) Use any of the Content, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
(b) Use the Content, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
(c) Use the Content, Databases and any other information contained therein in violation of any applicable laws or regulations,
(d) Publish or distribute in any medium Content, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;
(e) Attempt to access or access any other Terms of Use’s account;
(f) Attempt to obtain or ascertain or obtain or ascertain any other Terms of Use’s Terms of Use name, password and/or personal information by any means whatsoever;
(g) Attempt to elude or elude the Website’s security systems;
(h) Attempt to gain access or gain access to the Website in a fraudulent manner;
(i) Disassemble, decompile, reverse engineer, or otherwise modify the Content, Database and any other material contained therein;
(j) Use the Website for any purposes other than those intended by Turn On Products, as determined by Turn On Products in its sole discretion; or
(j) Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.

You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Databases and any other information contained therein will cause irreparable harm to Turn On Products and that in such event money damages will not constitute sufficient compensation to Turn On Products; consequently, in the event that You, directly or indirectly, misappropriate or misuse of the Content and any other information contained therein, You specifically consent to Turn On Products obtaining injunctive relief against You in addition to any other legal or financial remedies to which Turn On Products may be entitled. Any unauthorized or prohibited use may also subject you to criminal prosecution under applicable laws Turn On Products reserves the right to modify and/or discontinue the Website at any time, for any reason and without notice, and to terminate Your password and account should you be in violation of these Terms of Use, including but not limited to the provisions of this section entitled “Use of the Website.”

NOTICE OF ENFORCEMENT
Turn On Products vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, Turn On Products will prosecute any unauthorized use or reproduction of any of the Content and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
You further agree that you will not.

DISCLAIMER & LIMITATION OF LIABILITY

THE INFORMATION AND MATERIALS ON THE WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
THE WEBSITE ARE OPERATED BY TURN ON PRODUCTS, INC., ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TURN ON PRODUCTS, INC., ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE "TURN ON PRODUCTS BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE TURN ON PRODUCTS BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE TURN ON PRODUCTS BUSINESSES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE TURN ON PRODUCTS BUSINESSES, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE MATERIALS IN THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE TURN ON PRODUCTS BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER TERMS OF USES OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE TURN ON PRODUCTS BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
THE TURN ON PRODUCTS BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
TURN ON PRODUCTS’ PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF TURN ON PRODUCTS’ RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITE OR INFORMATION PROVIDED TO OR GATHERED BY TURN ON PRODUCTS WITH RESPECT TO SUCH USE.

INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TURN ON PRODUCTS AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
1. YOUR USE OF THE WEBSITE AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE;
2. ANY PRODUCTS OR SERVICES YOU OBTAIN BASED, IN WHOLE OR IN PART, ON THE CONTENT AND OTHER INFORMATION VIEWED OR OBTAINED ON, FROM OR THROUGH THE WEBSITE;
3. ANY BREACH BY YOU OF THESE TERMS OF USE;
4. ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR WEBSITE ACCOUNT. SEVERABILITY
If any provision of these terms and conditions is found to be illegal, void, or unenforceable, that provision will be deemed severed from the balance of the Agreement and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.

PRIVACY
Please visit our Privacy Policy [insert link to privacy policy] which also governs your use of the Website and is incorporated in and made part of these Terms of Use. If you are outside the United States, you understand and agree that by providing the Website with any information about yourself, you are consenting to the transfer of that information to the United States.

TERM AND TERMINATION

These Terms of Use will take effect at the time You click “I Agree” or access, browse or use the Website or any of the Content, and continues in perpetuity unless terminated by You and/or Turn On Products. Turn On Products reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to the Website and any of the Content; (ii) to change, remove or discontinue the Website any of the Content or services available on or through the Website; or (iii) to terminate these Terms of Use.

You may terminate this Agreement at any time by destroying: (a) all of the Content obtained from the Website, including, without limitation, permanently deleting all of the Content you have copied or stored on any computer and any media; and (b) all related documentation. In addition, and upon Turn On Products’ request, You agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this Agreement which by their nature are intended to survive and will survive the termination or expiration of this Agreement for any reason.

NOTICES
Any notice or other document or communication required or permitted hereunder to Turn On Products will be deemed to have been duly given only if in writing and delivered by any of the following methods:
1. Certified U.S. mail, return receipt requested, postage prepaid, to Turn On Products at 263 W. 38th St. 8TH Floor NY, NY 10018.
2. Email sent contact@almostfamousclothing.com.
Notices to Turn On Products shall be deemed delivered when actually received by Turn On Products.

Any notice or other document or communication from Turn On Products required or permitted hereunder will be sent to the e-mail address that You provide when You register with the Website. Such notice will be deemed received by You the business day after the e-mail is sent.
Should You elect to send or receive e-mail communications of any kind to or from Turn On Products, You represent and warrant to Turn On Products that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.

JURISDICTION; COMPLIANCE WITH LAWS

Except as set forth otherwise herein, Turn On Products controls and operates the Website from the United States of America and makes no representation that the Content is appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (b) to anyone in the US Treasury Department’s Specially Designated national list, or (c) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.
Access, browsing and use of the Website, the Content and these Terms of Use, and all matters or issues collateral thereto are all governed by United States federal law and/or the laws of the State of New York, without regard to any conflict of laws provisions that would refer to and/or apply the substantive laws of another jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through the Website.
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW YORK, USA. YOU AND TURN ON PRODUCTS AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

ARBITRATION
Any controversy or dispute between You and Turn On Products (the “parties”) concerning the Website, the Content, these Terms of Use and/or all matters or issues collateral thereto shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in New York, New York. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.

WAIVER
No delay or omission by Turn On Products to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of these Terms of Use will impair any such right or power or be construed to be a waiver thereof. Any waiver by Turn On Products of any of the covenants, conditions or Agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or Agreement herein contained.

SEVERABILITY
If any portion of these Terms of Use is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.

INDEPENDENT CONTRACTOR
Turn On Products is an independent contractor; nothing in this agreement shall be construed to create a partnership, joint venture, or agency relationship between You and Turn On Products.

CONTINUED USE DEEMED ACCEPTANCE
Turn On Products reserves the right, at its sole discretion, to change, alter, amend or otherwise modify these Terms of Use from time to time. After any such modification becomes effective, Turn On Products will deem Your continued use of the Website or any of the Content to constitute Your acceptance of and Agreement to such modification.

ENTIRE AGREEMENT
These Terms of Use constitute the entire Agreement between You and Turn On Products with respect to Your use of the Website and the Content, and supersedes any and all prior understandings or Agreements between You and Turn On Products, whether written or oral. You acknowledge that, in providing You access to and use of the Website and the Content, Turn On Products has relied on Your acceptance of these Terms of Use.

Copyright 2011 Turn On Products, Inc.
All Rights Reserved June, 2011

Subscribe to our Almost Famous Newsletter