PRIVACY POLICY & TERMS OF USE

Thank you for visiting our Web Site ("Site"). YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. Your use of this Site is governed by the following terms of use ("Terms"). If you do not agree with all of these Terms, please exit this Site now. By using this Site, you agree to comply with, and be to bound by, these Terms.

PRIVACY STATEMENT

in the NOW may collect customer information to make your online experience the very best on the Internet. We respect your privacy, and we assure you that we will maintain and use this information responsibly.

GENERAL BROWSING

www.intheNOW.com may gather navigational information about where you go on our Site. This information allows us to see which areas of www.intheNOW.com are most visited. This helps us improve the quality of your online experience by recognizing and delivering more of the features, services and products you prefer. Additional non-personally identifiable information (for example, domain type, browser version, service provider, IP address) may be collected which will provide information regarding your use of our Site (such as the time of your last visit to a page on our site).

DISCLOSURE OF PERSONAL INFORMATION

The information you provide to us is maintained in private files on our secure Web server and our internal systems. If you are visiting www.intheNOW.com from a location outside of the U.S., your connection will be through and to servers located in the U.S. To ensure compliance with federal law, the Company does not maintain information provided by children under the age of 16.

You should be aware that we may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of our Web site, the site or the public.

The Company does not sell, rent or trade your e-mail address to third parties.We may gather individual, as well as aggregate, information about your pages visited and other preferences.

TERMS OF USE

"in the NOW" ("the Company") may, from time to time, change these Terms in its sole discretion. By using this Site after any such change, you agree to comply with, and be bound by, the Terms as changed.

COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY PROTECTION

Except as otherwise indicated, all materials on this Site, including, but not limited to, photographs, other images, illustrations, text, video clips, audio clips and written and other materials contained in this Site are protected by copyrights, trademarks and/or other intellectual property rights owned, or used with permission of their owners, by in the NOW or its subsidiaries or affiliates. This Site as a whole is protected by copyright and other intellectual property rights. All rights are reserved.

The name and mark "in the NOW", the black and red "in the NOW" logo and all other "in the NOW" -related marks depicted in this Site, whether registered or unregistered, are trademarks or service marks of the Company.

The materials contained in this Site are displayed for informational and promotional purposes only. This Site is solely for the private, personal, noncommercial use by its users. You may not download or copy any materials in this Site except for your personal non-commercial use. No right, title or interest in any material or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as expressly set forth above), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this Site, any of the materials in this Site, or any related software. Any other use of materials on this Site, including reproduction for purposes other than those noted above, modification, distribution or republication, without the prior express written permission of the Company is strictly prohibited.

SUBMISSIONS

You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to the Company through or in connection with this Site ("Submissions"), including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain, the Company's property. Such disclosure, submission or offer of any Submission shall constitute an assignment to the Company of all rights, title and interests in all copyrights and other rights in the Submission. The Company is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any Submission; or (iii) to respond to any Submission. You represent and warrant that no Submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right.

By making any Submission through, in connection with or related to this Site, you agree that the Company has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person.

The Company does not, cannot and does not agree to consider or review every Submission, and is not liable or responsible for the content of any material posted on this Site by users. You agree not to upload, post, distribute or otherwise publish on this Site any material that (i) is libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services.

You are and shall remain solely responsible for the content of any Submission you make.

LINKS

This Site may contain links to other sites. the Company is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Any link to another site, and reference to third-party information, products or services linked to this Site, is not, and should not be construed as, an express or implied endorsement by the Company. Any questions or comments relating to such other sites should be addressed to the operator or operators of those sites.

PRODUCTS

The "in the NOW" products depicted in this Site are representative of the "in the NOW" collection. Not all "in the NOW" products are shown in this Site. Not all "in the NOW" products that are shown in this Site are, or will be, available at all stores. The style, designs and colors of the"in the NOW" products shown in this Site may be changed without notice.

DISCLAIMER

Material in this Site may contain inaccuracies or typographical errors. The Company shall not be liable or responsible for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.

NO WARRANTIES

THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE OR UP-TO-DATE, THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY DEFECTS WILL BE REMEDIED. YOU AGREE, BY USING THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS SITE. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR UNDER ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS AND MATERIALS ON THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend, indemnify and hold harmless "in the NOW", its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of this Site.

MISCELLANEOUS

These Terms and your use of this Site shall be governed under the laws of the State of New York, without regard to its conflict of law principles. Any dispute arising under these Terms or out of your use of this Site shall be resolved exclusively by the state and federal courts of the State of New York, County of New York and/or the Southern District of New York. By using this Site, you hereby agree to the personal jurisdiction of, and venue in, such courts.