CHOWA

All merchandise ordered on the Website can be shipped to all 50 U.S. states, the District of Columbia and to all Canadian provinces and territories. Note we do not ship website purchases outside of these countries.

Estimated delivery times, shipping options and various delivery costs are set out and explained on our Website here. Once your order ships, we will send you an email confirming that your order is on its way.

You can track your order at any time by clicking on the tracking link included in your shipping confirmation email.

Items in "as new" condition, with all original tags attached and in original packaging, may be returned within seven (7) days of receiving your order. If seals are broken on any sealed products, they cannot be returned or exchanged. Custom items and items marked "Final Sale," however, are not returnable.

The customer is responsible for all return shipping charges and liability for lost or stolen return packages. We therefore recommend that you use a trackable service to return your items to us. Please comply with the guidelines set out on the returns form included with your order. Refunds are issued in the original form of payment for all purchases, after the returned item has been received and processed by Chowa(into inc.). If any mistakes have been made on your order, please contact hello@intowhat.com and we will assist you.

Exchanges

Due to the limited availability of our products, we cannot hold stock for exchanges.

Inquiries and complaints

If you have any questions or complaints about the product, please contact us. You can email us at hello@intowhat.com or write to us at intō inc. 26 Broadway New York, NY 10004, USA.

Changes to this Purchasing Policy

We may update this Purchasing Policy from time to time. Updates will be effective upon posting.

This Purchasing Policy outlines the terms that govern your purchases on the Website. Capitalized terms not defined in this Purchasing Policy have the meanings given in our Terms of Use. The Purchasing Policy is part of, and incorporated into, the Terms of Use.

Payment Options

All prices shown on the Website are in U.S. Dollars. We accept payment via American Express, Visa, and MasterCard. When you make a purchase with your credit card, an authorization hold in the total dollar amount of your order is placed on the card at the time of order placement; however, your credit card will not be charged until your order ships. If your credit card is not authorized or the total dollar amount of your order exceeds your credit limit, you will receive a message on the checkout page instructing you to try another method of payment.

We take reasonable measures – including administrative, technical, and physical measures – to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Although we will do our best to protect your personal information, we cannot guarantee the security of the data you transmit to us. Any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information, please view our Privacy Policy.

Sales Tax

Sales tax and/or goods and services tax, as applicable (individually and collectively referred to herein as "Sales Tax"), is calculated based on applicable federal and provincial tax laws. Typically, Sales Tax displayed during checkout is estimated until the order has shipped. Sales Tax may also be applied to shipping fees.

Price Adjustments

It is always possible that, despite our best efforts, some of the products we sell may list an incorrect price on the Website. If the product's correct price at your order date is higher than the price stated, we will contact you and offer you the option to either confirm your order at the correct price or cancel your order. If the correct price at your order date is lower than the price stated, we will refund you the difference.

Your order number

We will assign an order number to your order and email it to you when we accept your order. Please tell us your order number whenever you contact us about your order.

If we cannot accept your order

If we are unable to accept your order, we will inform you of this and will not charge you for the product(s). This might be because we have sold out of limited production run products or because we have identified an error in the price or description of the product.

Product Availability

We will seek to ensure that the Website does not have any technical problems and that products displayed are available. However, as our product lines are typically produced in limited production runs and released on our Website in product drops for which there is high-demand, we cannot guarantee the availability of the Website or that any products on the Website will be available for purchase. Accordingly, all orders placed through the Website are subject to availability and acceptance and Chowa. In the event that your ordered items are unavailable, we will notify you as soon as we can. We reserve the right to change the products listed on the Website without prior notice and/or may limit from time to time the quantity of products that may be ordered during a single buying session. We may also modify or discontinue any products on the Website. If Chowa discontinues a product you have ordered, you will receive a full refund for any product purchased but not yet shipped.

Variance from Website Appearance

The images of the products on our Website are for illustrative purposes only. Please note that colours on our Website may vary slightly depending on how your monitor is calibrated and which operating system your computer or mobile device uses. We take reasonable steps to make sure all our images are true to the actual product you are purchasing but we can't guarantee a perfect match every time due to almost limitless variations in home monitor set ups and operating systems.

Chowa is fully owned and operated by into inc. These Terms of Use explain the contractual relationship between you and into inc. (”intō”, "us," "we" or "our") regarding your use of, and access to our website located at chowa.nyc (the "Website"). These Terms of Use, which include our Privacy Policy and Purchasing Policy, constitute a binding agreement between you and into inc.

By using our Website, you confirm that you understand and accept these Terms of Use, and that you agree to comply with and be bound by them.

What is the purpose of these Terms of Use?

These Terms of Use (together with the Privacy Policy and Purchasing Policy) explain the terms on which you may use our Website. Use of our Website includes accessing, browsing and purchasing items on the Website.

We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they will be binding.

If you breach these Terms of Use in any way, we may take such action as we consider appropriate.

We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.

What other terms apply to my use of the Website?

These Terms of Use include the following additional terms, which also apply to your use of our Website:

• Our Purchasing Policy which applies if you purchase products on our Website.
• Our Privacy Policy which (i) describes how we process any personal information or other data we collect from you, or that you provide to us by using our Website; and (ii) provides information about how we use cookies on our Website.

What should I be aware of when accessing the Website?

Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, non-transferable license to access and use the Website on a computer, tablet device or mobile phone that you own or lawfully control.

This Website is directed at people residing in the United States of America and Canada, and is not intended to subject intō to the laws or jurisdiction of any other country or territory. We do not represent that content available on or through our Website is appropriate or available in other locations. We may limit the availability of our Website or any service or product described on our Website to any person or geographic area at any time. If you choose to access our Website from outside the USA or Canada, you do so at your own risk.

There is no charge to access and browse the Website and Service. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Website and Service, you are required to have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Website may be upgraded from time to time to add support for new functions and services.

You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

Can I link to the Website?

You may link to our Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not:

• Establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
• Establish a link to our Website in any website that is not owned by you.
• Frame our Website on any other website or create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our Website other than that set out above, please contact hello@intowhat.com

What am I prohibited from doing?

You may use our Website only for lawful purposes. You may not use our Website:

• In any way that breaches any applicable state or federal law or regulation, or these Terms of Use.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website or Service.
• Copy (except as expressly permitted by these Terms of Use) or publish the Website for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website or Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any).
• In any manner not specifically authorized hereunder.

What about viruses?

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software.

You must not:

• Misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.
• Attack our Website via a denial-of-service attack or a distributed denial-of- service attack.

We may report any such prohibited activities to the relevant law enforcement authorities and cooperate with those authorities by disclosing your identity to them. In the event of such activities, your right to use our Website will cease immediately.

What about third party links and resources in the Website?

The Website and Service may contain links to other sites, and content and resources provided by third parties (collectively, "Third Party Materials"). These Third Party Materials are provided for your information only. intō does not investigate or monitor Third Party Materials, and therefore is not responsible or liable for the same. You are advised that different terms of use and privacy policies may apply to your use and access of Third Party Materials. When you use a link to go from our Website to a third party website, these Terms of Use and our Privacy Policy is no longer in effect. We encourage users to read and consider the policies of these other websites before using them.

What about intellectual property rights and using material on this Website?

Content on our Website for commercial purposes without obtaining a license to do so from us or from our licensors. We reserve the right to prohibit any person from using this Website for any reason whatsoever. intō, or its affiliates, licensors or content providers, retain full and complete right, title and interest to the material provided on the Website, including the Website Content and all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our and/or our affiliates' sole discretion. intō neither warrants nor represents that your use of materials on this Website will not infringe rights of third parties not affiliated with us or our affiliates.

You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. intō reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which intō may be entitled, at law or in equity.

Trademarks, logos and service marks displayed on this Website are registered and/or unregistered trademarks of intō, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner's prior written permission, except as otherwise described herein. We reserve all rights not expressly granted in and to the Website and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Can I rely on information on the Website?

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete, up-to-date or free from errors or omissions.

The views expressed by other users on our Website do not represent our views or values.

WE DISCLAIM ALL WARRANTIES

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. INTŌ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTŌ OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. INTŌ DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

WE LIMIT OUR LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER INTŌ NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, INTŌ' REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF INTŌ, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER INTŌ NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. IN NO EVENT WILL INTŌ' AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE WEBSITE OR SERVICE EXCEED THE PRICE PAID BY YOU WITH REGARD TO THE PARTICULAR CLAIM, OR, IF YOU HAVE NOT PAID INTŌ FOR ANY PRODUCT, THE AMOUNT OF $30.00 U.S. DOLLARS. YOU AND INTŌ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

You Agree to Indemnify Us For Violating These Terms of Use

You agree to indemnify, defend and hold harmless intō and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Website and any violation of these Terms of Use. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorney's fees and court costs, arising or resulting from that disruption. intō reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with intō in the defense of such matter.

Which law applies to these Terms of Use?

Any dispute over the content or use of the Website shall be governed and construed in accordance with the substantive laws of the United States and the State of New York, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York for any action arising out of or relating to these Terms of Use.

Class Action Waiver

Both you and intō waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the this Website or products purchased through this Website (collectively the “Dispute(s)”) as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the Class Action Waiver.")

As limited exceptions to the Class Action Waiver:

1. you may seek to resolve a Dispute in small claims court if it qualifies; and
2. we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.

Forum Selection/Jurisdiction

Jurisdiction and venue for any dispute shall be in New York City, New York . Each party submits to personal jurisdiction and venue in that forum for any and all purposes**.**

Agreement to Pre-Arbitration Notification

These Terms of Use provide for final, binding arbitration of all disputed claims (discussed immediately below). intō and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a Dispute, the claimant whether you or intō shall send a letter to the other side briefly summarizing the claim and the request for relief. If intō is the claimant, the letter shall be sent, via email, to the email account you have provided. If you are the claimant, the letter shall be sent to intō inc. 26 Broadway New York, NY 10004, USA. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.

Agreement to Arbitrate Claims

Except to the limited extent noted below, of this Website  or products purchased through this Website, and any controversy, claim or Dispute arising out of or relating in any way to your use of this Website, and/or your Account, or products purchased through this Website, shall be resolved by final and binding arbitration between you and intō.

The arbitration shall take place in New York City, New York  in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone or videoconference hearing. In no event shall the parties be required to travel to New York to participate in the arbitration.

If you decide to commence arbitration, the provider will require you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, intō will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, intō will also reimburse you for the $125 base filing fee.

If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of Palace Skateboards’ last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then intō will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee).

This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.

The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.

Both you and intō waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.

Appeal Rights

The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

Opting out of Dispute Resolution and Class Action Waiver

You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following: within 15 days of following the date you first agree to these Terms of Service, you must send a letter to intō inc. 26 Broadway New York, NY 10004, USA that specifies (1) your name, (2) your mailing address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. All other Terms shall continue to apply to you, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if intō makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to intō's address), you may reject any such change by sending a letter to intō within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.

Which law applies to these Terms of Use?

Any dispute over the content or use of the Website shall be governed and construed in accordance with the substantive laws of the United States and the State of New York, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York for any action arising out of or relating to these Terms of Use.

Eligibility

You represent and warrant that: (i) you are at least eighteen (18) years old, (ii) you have the right, capacity and authority to be bound by these Terms of Use, and (iii) you will abide by all these Terms of Use. If you place an order through the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute intō products or purchase intō products for commercial purposes or any other commercial benefit. If we believe, in our sole discretion, that an order would violate the terms of the preceding sentence or that a user is engaging in fraudulent, objectionable or grey market activities, we may refuse such order.

Entire Agreement

These Terms of Use, the Privacy Policy and the Purchasing Policy constitute the entire agreement between you and us with respect to the use of the Website and Service, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Use. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms of Use to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

Amendment

intō may update or amend these Terms of Use from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms of Use. Your continued access and use of the Service following such posting constitutes your consent to be bound by any amended Terms of Use.

General

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms of Use. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. All notices and other communications under the Terms of Use must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to hello@intowhat.com or by writing to us at intō inc. 26 Broadway New York, NY 10004, USA.

How can I contact you?

If you have any questions regarding the Terms of Use or the Website or Service, please email us at hello@intowhat.com.

Chowa is fully owned and operated by into inc. and into inc. ("intō," "us", "we" and "our") is committed to protecting the privacy of those who use, and order products on, our Website.

This "Privacy Policy" explains how information obtained through our Website is collected and used, and the ways in which we will protect the personal information that you provide, together with other information we may collect regarding your use of our Website ("Data"). Capitalized terms not defined in this Privacy Policy have the meanings given in our Terms of Use. This Privacy Policy is part of, and incorporated into, the Terms of Use.

By using and ordering products on our Website, you consent to the collection, use and transfer of Data in accordance with this Privacy Policy, our Terms of Use and our Purchasing Policy. Please read this Privacy Policy before using our Website. If you do not agree to this Privacy Policy, please do not use our Website.

What types of information do you collect?

We collect both "Personal Information" and "Anonymous Information" about our users. Personal Information is information that can be used to contact or identify you, such as your full name, email address, phone number and payment method, as well as information that is linked to such information. Anonymous Information is information that cannot be used to contact or identify you and is not linked to information that can be used to do so. It includes passively collected information about your activities on the Website and Service, to the extent that information is not linked to your Personal Information.

Website visitors can access and browse certain portions of the Website without disclosing Personal Information, although, like most website providers, we passively collect certain information from your devices, such as your IP address, browser information and/or unique device identifier ("UDID"). Please note that you can choose not to provide us with certain information, but this may limit the features of the Website you can access and use.

What data do you collect from me?

When you use our Website, we may collect data in the following ways:

1. Data you submit to us. You may provide us with Data about yourself from time to time, such as when purchasing an item, or by communicating with us (for example to request information about, or report a problem with, our Website or our products). This data may include Personal Information such as your name, address, e-mail, phone number and payment details.

From time to time we may ask you for feedback or offer you the chance to take part in competitions or surveys. These will be optional, though any Data you provide will be collected by us and used in accordance with this Privacy Policy.

1. Technical data we collect from you

Technical data, about your device and your visit, which is generated when you use our Website, will be collected by us. This may include:

1. Device data: we may collect Data regarding the type of device or platform (such as a computer or mobile device) used by you to access our Website. This can include Data about the device itself, its operating system, the web-browser type and version you use and your browser language and plug-ins. Additional Data may be collected when you access our Website from a mobile device, for example Data relating to your mobile network, device and telephone number.
2. Location data: your use of our Website may generate geographical Data, such as the location or time zone of a device or IP address.
3. Log data about your visit: use of our Website automatically generates Data about your unique visit. This can include uniform resource locators (URLs), Data about your internet service provider, the number and timing of clicks to and from our Website content; which products you view; page response times, download errors, length of visits to certain pages, page interaction data (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
4. Data about your interactions: our Website may provide you with the opportunity to interact with website content in certain ways, such as by sharing on social media. These interactions create Data, for example, the contents of a post or comment, or whether a story was shared using a particular social media network.

How and why do you use my Data?

We respect and protect the privacy of your Data, and it will only be used as necessary for the purposes set out below.

• Data you submit to us.

We may use this Data in order to:

1. take and fulfill customer orders for products;
2. process payment for your products;
3. obtain credit authorisation from your card issuer;
4. contact you with any queries about your order;
5. optimise your experience when using our Website and allow you to use its interactive features;
6. contact you with relevant information about us, our Website and our products. If you do not wish to receive such communications you can unsubscribe at any time;
7. enable us to comply, monitor compliance with, carry out our obligations or exercise our rights under this Privacy Policy, our Terms of Use and our Purchasing Policy;
8. notify you about any amendments to the Privacy Policy, our Terms of Use and our Purchasing Policy; and
9. delete or anonymise your Data, and/or combine your Data with other Data we have collected.

• Technical Data we collect

We may use this Data to:

1. administer our Website and for our own troubleshooting, analysis, testing, research and statistical purposes;
2. improve and optimise our Website and the way content is presented;
3. keep our Website safe and secure;
4. allow you to use interactive features of our Website;
5. enable us to comply, monitor compliance with, carry out our obligations or exercise our rights under the Privacy Policy, our Terms of Use and our Purchasing Policy;
6. measure the effectiveness of advertising, and deliver relevant advertising which matches user interests and preferences;
7. make suggestions about goods and services provided by us or third parties which may be of interest to you; and
8. delete or anonymize your Personalize Information, and/or combine your Personal Information with other Personal Information we have collected.

• Data we receive from third parties

Data obtained from third parties may be used for the same purposes as Data you provide us or Data we collect, and may also be deleted or anonymised and/or combined with other Data we have collected.

Will you disclose my Data to third parties?

We will not sell, exchange or otherwise distribute your Personal Information to unaffiliated third parties without your consent, except to the extent required by applicable laws and regulations, or as set out in this Privacy Policy. If you do not want us to use or disclose Personal Information collected about you in the ways identified in this Privacy Policy, you may choose not to (a) provide your Personal Information at any time and/or (b) order products on the Website.

We may share and disclose Data we collect, including Personal Information, with the following third parties:

1. our subsidiaries, joint venturers, and/or other companies under common control - including without limitation, and its consultants and sub-contractors - in which case we will require them to honor this Privacy Policy;
2. our business partners, vendors, suppliers, consultants, payment processors, financial advisors, agents and sub-contractors - including without limitation, Shopify Inc., which we use to power our online store - in order to provide our services (for example where we enter into agreements with third parties who provide services to us or on our behalf); and
3. analytics and search engine providers that assist us in the improvement of our Website and the services we provide.

We may share and disclose Data we collect, including Personal Information, to third parties:

1. if intō undergoes a change of control or any of its business or assets are sold or transferred (in which case we may disclose your data to the prospective seller or buyer);
2. if intō or substantially all of its assets are acquired by a third party, in which case Data held by us about our Website users will be one of the transferred assets; or
3. if we are under a duty to disclose or share your data in order to comply with any legal obligation or legal process (for example, a court order), to enforce or apply our contractual rights or any other agreement, or to protect the rights, property, or safety of intō, our Website users, or others. This includes exchanging Data with other companies and organisations for the purposes of fraud protection.

We may also share aggregated anonymous information with others. "Aggregated Anonymous Information" is the combination of your Anonymous Information with the Anonymous Information of other users. Aggregated Anonymous Information does not allow you to be identified or contacted.

For how long do you store my Data?

We may retain data for as long as we require for the purposes for which it was collected or as is otherwise required by applicable law. If you cease using our Website, or the Privacy Policy, Terms of Use or Purchasing Policy are terminated, we may continue to process your data for a reasonable period. Once processing has been completed, we may securely delete or anonymise your Data.

How do you ensure my Data is secure?

We employ reasonable technical and organizational measures to ensure the security of Data and to protect your information from unauthorized access (and endeavor to only work with third parties who provide equivalent protections). However, the transmission of information via the Internet is not completely secure. We do our best to protect your Data, though we cannot guarantee the security of your Data transmitted to our Website and any transmission is at your own risk.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Website in the most expedient time possible and without unreasonable delay, insofar as it is consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

How can I update my Personal Information?

You may revise your Personal Information by contacting us directly at hello@intowhat.com. You may also modify or opt out of receiving messages sent for marketing purposes, or certain other communications, by following the unsubscribe instructions in such messages. Please note that despite any indicated marketing preferences, we may send you administrative emails regarding the Website or Service, including, for example, notices of updates to our Privacy Policy. In addition, we may be required to maintain certain Personal Information, or to maintain certain Personal Information for a period of time, in which case we will comply with your deletion request only after we have fulfilled such requirements. When we delete any information, it will be deleted from our active database, but may remain in our archives. We may retain your information for fraud detection or similar purposes. Note that if we have already disclosed some of your Personal Information to third parties, we cannot access that Personal Information any longer and cannot compel the deletion or modification of any such information by the parties to whom we have made those disclosures.

Your California Privacy Rights

California Consumer Privacy Act (CCPA)

If you are a California resident, this section applies to you. It describes how we collect, use and share personal information of California residents, and their rights with respect to their personal information, as defined under the California Consumer Privacy Act of 2018 (“CCPA”).

We do not sell your personal data.

Your Privacy Rights:

If you are a California resident, California law permits you to request Information regarding the:

• Categories of personal information (as defined by applicable California law) collected, sold or disclosed by us;
• Purposes for which categories of personal information collected by us are used;
• Sources of information from which we collect personal information; and
• Specific pieces of personal information we have collected about you.

In addition, if you are a California resident you may:

• Opt-out of the sale or disclosure of your personal information, in some circumstances;
• Opt-out of receiving marketing communications from us; however, you may still receive administrative communications regarding the services;
• Opt-in to certain financial incentive programs we may offer related to the collection, sale, or deletion of your personal information; and
• Request deletion of your personal information by us and our service providers, in some circumstances.

You will not be discriminated against for exercising your rights under the CCPA.

How To Exercise Your Privacy Rights

To make a privacy related request, please email us at hello@intowhat.com or write to us at intō inc. 26 Broadway New York, NY 10004, USA.

Please be aware that we do not accept or process requests through other means (e.g., via telephone, fax, chats, social media, etc.).

When you make a request, we may ask you to provide verifying information, such as your name, email, or phone number. We will review the information provided and may request additional information via email or other means to ensure we are interacting with the correct individual. Please also be aware that making any such request does not ensure complete or comprehensive removal or deletion of personal information or content you may have posted, and there may be circumstances in which the law does not require or allow us to fulfill your request.

Please allow up to 45 days for us to complete your request. Please note, these Privacy Rights are subject to exceptions, and in certain cases we may decline your request as permitted by law.

You may also allow an authorized agent to submit privacy related requests on your behalf. If you would like to do so, please submit a signed Power of Attorney naming the person who will be your authorized agent. This person may then submit privacy related requests on your behalf using any of the available methods we offer. Please mail the signed Power of Attorney to intō inc. 26 Broadway New York, NY 10004, USA

Personal Information Collected or Shared in the Preceding 12 Months

We have explained our privacy practices in full in the other sections of this Privacy Policy. In this section, we provide a list of categories of personal information as set forth in the CCPA that have been collected, disclosed for business purposes, or sold for commercial purposes (as defined by the CCPA) during the preceding 12 months, as well as certain other information. Please see the other sections of the Privacy Policy for additional information and context.

Category of Personal Information

Business Purpose

Identifiers, such as your name, street address, phone number, IP address, or email address

We may use this information to respond to your questions, to enable you to participate in our programs, to process your registration with sites and apps, and for other business purposes such as order fulfillment.

Commercial information, such as a record of your purchases

We may use your information to provide you with products, to identify other products and offers that may be relevant to you, and for other business purposes.

Internet and electronic network activity information, such as information about your interactions with our Services

We may use this information to improve our Services, to better understand the visitors who come to our Services and what content is of interest to them, and for other business purposes.

Precise geographic location information, using technologies such as GPS or Wi-Fi

We may use this information to improve the quality, security, and relevance of our Services to our visitors and for other business purposes.

Other electronic information, including information you post in a public space on our site (such as videos or photos)

We may use this information to provide the services you ask for on our Services and for other business purposes.

Inferences about you

We may use this information to personalize your experience with us, and for other business purposes.

Characteristics of protected classifications under California or federal law, such as your gender

We may use this information for our equal employment opportunity program, and for other business purposes.

As discussed in the other sections of our Privacy Policy, we collect this type of information from you, through our interactions with you and others, and from third parties, and we disclose these categories of personal information within our companies and brands, to business partners and third-party vendors that provide us hosting, advertising, and other services, and as needed to comply with legal process. Your personal information may also be shared with third parties that you direct us to share your information with through our Services.

We share personal information with third parties in various ways as described elsewhere in this Policy. We do not consider the ways we share your personal information to comprise the sale of your information.

If you have any questions or concerns about this Privacy Policy or our privacy practices, you may contact us via email at hello@intowhat.com.

Further, under California Civil Code sections 1798.83-1798.84,if you are a California resident and have an established business relationship with us, you can request a notice disclosing the categories of personal information we have shared with third parties, for the third parties’ direct marketing purposes, during the preceding calendar year. To request a notice, please submit your request to intō inc. 26 Broadway New York, NY 10004, USA.

Nevada Residents

If you are a Nevada resident and have provided us with any personal identifying information, you may opt-out of sharing your information with third parties if you submit an opt-out request to the following email address: hello@intowhat.com. Please note we do not sell any of your personal information for profit, we do share some information with contracted third parties in order to provide better services and advertising to you. Please allow 60 days for completion of such request.

How do you use cookies? What are cookies?

A cookie is a computer file consisting of letters and numbers which is installed on your device when you visit a website and which allow our Website to recognise a user and retain that user's preferences when they return. Cookies do not collect data, instead they serve to act as unique identifiers, or information caches, which can be used to identify a user's preferences, settings or previous activity and which in turn enable website operators to provide an optimised, improved and more individualised browsing experience.

Our Website may display advertising from third parties, who may set their own cookies providing information about the advertisement and user preferences. If you require further information about these you should consult the relevant third party's privacy policy.

Use of our Website may also result in Local Shared Objects (LSOs), including ‘flash cookies', being stored on your device. LSOs have a similar function to cookies, but are designed to function with specific applications (such as Adobe Flash Player). We may use local storage facilities in order to provide you with both online and offline functionality for our Website. For example, local storage may be used to store Website content on the device for access when the device is not connected to the internet.

Some internet browsers will temporarily store website data using a process known as ‘caching'. The creation of a website cache may improve loading speed and responsiveness and, in some cases, provide offline functionality. Most internet browsers support HTML 5 which permits website caching. Website caching typically requires greater storage capacity than cookies which, in turn, may provide greater improvements in speed and functionality.

How do you use cookies?

Cookies distinguish you from other users of our Website. For example, we use them to keep track of the contents of your shopping cart once you have selected an item, to store delivery addresses if the address book is used. This allows us to optimise your individual browsing experience and improve our service to you. Our partners, including Shopify, Paypal and Google Analytics, drop cookies on your device when you browse our Website and make purchases.

How do I disable cookies?

While we recommend that you allow the installation of cookies on your browser or device when using our Website, you are not obliged to do so and you can choose to disable cookies and LSOs by adjusting the settings for your browser or device. You can also delete those which already exist using the settings on your browser and/or device (however, this may interfere with your use of our Website and adversely affect your browsing experience).

Analytics

We use third party services, such as Google Analytics, to track and analyze online behavior data of users. These services may help inform, optimize, target and serve ads based your visits to our Website. We do this to better understand how you use the Website and Service, with a view to offering improvements for all users, and to tailor our business and marketing activities accordingly. If you would like to opt out of Google Analytics, please download and install the browser plugin at http://tools.google.com/dlpage/gaoptout?hl=en. Users can also opt out of third party interest based advertising by visiting the Network Advertising Initiative's deactivation website at www.networkadvertising.org/choices/.

What about amendments to this Privacy Policy?

We reserve the right to change, modify, add or remove portions of this Privacy Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. However, we will not use your Personal Information in a way that is adverse and materially different from the uses described in this Privacy Policy without giving you an opportunity to opt out. Your continued use of the Service after this Privacy Policy has been amended and you have been notified shall be deemed to be your continued acceptance of the terms and conditions of the Privacy Policy, as amended. We encourage you to bookmark this webpage and review this Privacy Policy regularly.

If you have any questions regarding our Privacy Policy, you can contact us via email at hello@intowhat.com or send us a letter to intō inc. 26 Broadway New York, NY 10004, USA.