1. Website Ownership
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.
- 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., 35B Industrial Parkway, Woburn MA 01801. No Refunds will be made if merchandise is not returned within 30 days of 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.
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.
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.
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.
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.
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
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.