Website Terms Of Use Agreement

Website Terms of Use Agreement

Born into It, Inc. is the organization that produces the Official Website Chowdaheadz.com  this website is subject to the following terms of use:

1. Website Ownership

The Website is owned by Born into It, Inc. All materials distributed in the Website (the "Materials") are either owned by or licensed to Born into It, Inc., Chowdaheadz.com and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, nor will you allow any third party (whether or not for your benefit) to copy, adapt the object code of the Site’s software, HTML, JavaScript, or otherwise reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its pages on the website.

You understand that you are granted a limited non-exclusive, non-assignable, non-transferable, personal license to read and review information on the website, and that you shall not reproduce software, HTML, Javascript, design, text, graphics, artwork, images, photographs, audio clips, video clips, and other material, including the selection and arrangements thereof. All copyrights, trademarks, service marks and trade names (the "Material"), are the property of Born into It, Inc. and/or its subsidiaries, affiliates, assigns, licensors, including the Site’s design, hosting, programming and contest management/prize fulfillment vendors (collectively “operational service providers”) and/or the Site’s advertisers, sponsors, and promotional partners (collectively “Advertisers” ), and you may not, in whole or in part, sell, lease, rent, exchange, reproduce, archive, modify, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, or circulate to any third party or on any third party website, or otherwise use the Material in any way for any public or commercial purpose without the express written approval of Born into It, Inc. All authorized reproductions of Born into It, Inc materials must include the exact Copyright, Trademark, or other proprietary notices that appear on the original material as provided.

Access to the Materials may not be lawful by certain persons or in certain countries.  You also understand, acknowledge and agree that downloading of any object code or software by website users in restricted countries is prohibited.  If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 

Without the prior written permission of Born into It, Inc., you agree not to display or use in any manner, the Site’s trademarks, including without limitation,  domain names, email, newsletters, event names, slogans, and promotions.

• The marks: Born into It®,  Chowdaheadz®,  Real Women Don't Date®, Wicked Pissah Stuff®, Married Into It™, , BEAT LA™, Chowdahead™,  Wicked Pissah Stuff®, , Little Monstah™, , Charlie Chowdahead™ ,  Real Women Don't Marry™,  are all trademarks of Born Into It, Inc and their logo’s are the exclusive property of Born into It, Inc. and may not be reproduced, modified, or otherwise used without the express written consent of Born into It, Inc. Terms not to be used in any unauthorized manner. The artwork and designs are protected under common law trademark and copyright law, any unauthorized use of these marks is prohibited. 

2. Message Features

• Participation. The Website may offer opportunities for you to transmit messages in connection with various features including vanity email, auctions and message boards ("Message Features"). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message ("Message") in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; (ix) contains material irrelevant to the subject matter of the Message Feature; or (x) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine.

In order to participate in any Message Feature, you may be asked to register by providing certain personal information such as your name and/or email address. (The Website's Privacy Policy explains how such information may be collected and used.) You may also be asked select a screen name ("Screen Name") for identification purposes. You must not use any Screen Name that violates any term of subsections (i)-(x) above, or any other operating term set forth by Born into It, Inc.  The Store is operated by Yahoo Stores, and Yahoo’s website Privacy Policy applies, so please visit Yahoo! Privacy Policy for specific terms and conditions.

• License. By transmitting any Message or Screen Name, you are granting Born into It, Inc. a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message or Screen Name, in whole or in part, in any form, media or technology known or hereafter developed.
• Message and Screen Name Review. Born into It, Inc. and its vendors act as a passive conduit in connection with your use of Message Features. Born into It, Inc. and its vendors have the right, but not the obligation, to review, edit or delete any Message or Screen Name transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by Born into It, Inc. or its vendors.
• You acknowledge that Messages and Screen Names are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and Born into It, Inc. and its vendors other than as expressly set forth in this Agreement.

3. Born into It, Inc. may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. Born into It, Inc. may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

4. Terms of Sales from the Born into It Store ("Store")

• The Store in the Website allows you to order products supplied by Born into It, Inc. including, but not limited to, officially licensed apparel of its licensors and original designs belonging to Born into It, Inc.   
• ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. BORN INTO IT, INC. EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF BORN INTO IT, INC., THE MERCHANDISE OFFERED BY BORN INTO IT, INC.., ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE.  BORN INTO IT, INC. reserves the right to modify the price of any Merchandise or Services. BORN INTO IT, INC. is not responsible for any error in copy or images relating to Merchandise.
• Exchange Policy. Born into It, Inc. will except exchanges and returns of apparel if returned/exchanged within 30 days of purchase. Item must be new, not worn, and in perfect condition upon return for an exchange to occur.  Exchanged items to be shipped to Born into It, Inc., P.O. Box 10, Burlington, MA 01803.  No Refunds will be made if merchandise is not returned within 30 days of purchase. 
• Gift Certificates. Within the Store, there may be an opportunity for you to purchase and/or redeem gift certificates (each, a "Gift Certificate). Gift Certificates are redeemable solely for purchases in the Store. All Gift Certificates are denominated in U.S. Dollars. Gift Certificates are valid until redeemed or abandoned. BORN INTO IT, INC. is not responsible for lost or stolen Gift Certificates. The value of a Gift Certificate that is lost, stolen, destroyed, altered or used without your permission will not be replaced or refunded. BORN INTO IT, INC. will not honor Gift Certificates obtained by fraud or theft. Gift Certificates are not redeemable for cash. If the value of your Gift Certificate is greater than the amount of your total purchase, you will be able to use the remaining Gift Certificate balance for future purchases, subject to these terms of use. If the value of your Gift Certificate is less than the amount of your total Store purchase, you must use a credit card in order to complete your purchase.
• Tickets. Born into It, Inc maintains an affiliate relationship with a selected ticket provider website. Born Into It, Inc. assumes no responsibility for tickets purchased through our ticket partners.
• Purchasing; Price; Payment. In order to purchase Merchandise, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. (The Website's Privacy Policy and Yahoo! Privacy Policy  explain how such information may be collected and used.) Your ability to purchase Merchandise is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. BORN INTO IT, INC. may bill your credit card at the time the Merchandise is ordered or shipped.  Any special order or customized/personalized products will be billed immediately after the order is received. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. BORN INTO IT, INC. may in its sole discretion decline service or terminate any account. Born into It, Inc, is not responsible for and must not be held liable for any breaches in transaction security by any third party. 

5. Linking

The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other Web sites maintained by third parties, do not constitute an endorsement by BORN INTO IT, INC. or any of its affiliates of any third party Web site or content. BORN INTO IT, INC. is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.

6. Disclaimer of Warranties

• A. USE OF THE WEBSITE AND MERCHANDISE ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
• B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY BORN INTO IT, INC., THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ALL MERCHANDISE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
• C. BORN INTO IT, INC. DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE, THE MERCHANDISE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, THE MERCHANDISE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE.

7. Limitations on Liability

• A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY BORN INTO IT, INC. OR ANY ACT OR FAILURE TO ACT BY BORN INTO IT, INC. OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.
• B. IN NO EVENT SHALL BORN INTO IT, INC. BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES, TICKETS OR MERCHANDISE.
• C. IN NO EVENT SHALL BORN INTO IT, INC., ITS VENDORS OR ANY OTHER BORN INTO IT, INC. ENTITY (including, Chowdaheadz.com ) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, OR MERCHANDISE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BORN INTO IT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF BORN INTO IT, INC. IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF BORN INTO IT, INC., ITS VENDORS AND ANY BORN INTO IT, INC. ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE OR THE SERVICES IS $50.
• D. IN NO EVENT WILL BORN INTO IT, INC. OR ANY OTHER BORN INTO IT, INC. ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.

8. Indemnification

You hereby agree to indemnify and hold BORN INTO IT, INC., harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, the Services, Merchandise purchased via the Website; or (B) any alleged breach of this Agreement by you.

9. Termination

BORN INTO IT, INC., may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. BORN INTO IT, INC. may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability at any time in BORN INTO IT, INC., exclusive discretion, without prejudice to any legal or equitable remedies available to BORN INTO IT, INC., for any reason or purpose, including, but not limited to, conduct that BORN INTO IT, INC., believes violates these Terms of Use or other policies or guidelines posted on the Website or conduct which BORN INTO IT, INC., believes is harmful to other customers, to the BORN INTO IT, INC., business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by BORN INTO IT, INC., in its sole discretion. In addition and without prejudice to any other remedy available to BORN INTO IT, INC., BORN INTO IT, INC., may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by BORN INTO IT, INC..

10. Choice of Law; Jurisdiction; Attorneys' Fees

This Agreement will be governed by the laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within the Commonwealth of Massachusetts will have exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. BORN INTO IT, INC. will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.

11. Miscellaneous

This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. BORN INTO IT, INC. in its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. Sections 6, 7, 8, 10, 11 and 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.

12. Newsletter

Born into It, Inc offers visitors to the site an opportunity to become a Chowdahead and receive a Newsletter.  To register for a free subscription to Newsletter, user agrees enter their email address on our homepage  to become a Chowdahead, and begin to receive the Born into It, Inc newsletter. As a member you agree to receive emails and information describing Special Discounts and New Product information.  In order to register you agree to provide your email, which will remain Confidential.  To discontinue subscription to Newsletter please email , or call Customer Service at 800-560-2840

13. Acceptance of Terms of Use

By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. BORN INTO IT, INC., may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.