Terms & Conditions
Your use of the Site and any e-mails you send to City Blue constitutes an electronic communication, and by using the Site and/or sending e-mails to City Blue, you consent to receiving communications from City Blue electronically and you further agree that any and all electronic communications from City Blue, including but not limited to e-mails or postings on the Site, shall satisfy any legal requirement that a communication or notice to you be in writing.
Site Use and Purchases
The Site is provided solely for personal, non-commercial use by residents of the United States who are at least eighteen (18) years of age and are capable of forming a legally binding contract. Use of the Site for any commercial or resale use or purpose is expressly prohibited.
City Blue reserves the right, and shall have the sole and exclusive discretion, to refuse services, cancel accounts, and/or refuse, cancel or limit any order placed though the Site, including but not limited to limit or cancellation of orders per household, per person or per account. City Blue shall have sole and exclusive discretion to limit or prohibit order that are or appear to be places by dealers, resellers or distributors.
The price of an item you purchase from City Blue is determined at the time you finalize you order for that item, subject to applicable shipping charges, handling charges and sales and/or use taxes which will be calculated at the time that you finalize your order. We will charge your credit card in full for the item ordered at the time that your item is shipped. Prior to your finalization of your order, item prices are subject to change at any time without advance notice.
Product Descriptions and Colors
City Blue strives to ensure that the descriptions of items on the Site are as accurate as possible; however, City Blue does not warrant the accuracy or completeness of the descriptions. In addition, because colors may vary from one computer monitor display to another, City Blue does not guarantee that the color of an item will match the color displayed on the Site. If you are not satisfied with your purchase, you may return it to us in new condition within fourteen (14) days of your receipt of for store credit only.
User Content License and Restrictions
The Site may permit reviews, comments or other user content to be uploaded to the Site (collectively “User Content”). You hereby grant to City Blue an irrevocable, non-exclusive, perpetual, fully-sublicensable royalty-free and world-wide right, to display, use, reproduce, publish, translate, distribute, create derivative works from User Content, and all rights in and to the copyrights, trademarks, service marks, patents, and trade secrets contained therein, in any format or media now known or hereafter created.
You hereby agree, warrant and represent that, as to all User Content that you upload or cause to be uploaded, in whole or in part, to the Site, such User Content shall not contain or include content which is defamatory, libelous, obscene, abusive, threatening, infringes any intellectual property or proprietary right of any third party, invades the privacy of any third party or otherwise violates any applicable civil or criminal law; and shall not contain any virus, trojan horse, any form of malicious software code or "spam" in any form.
City Blue retains the right, but not obligation, to edit, remove or delete any User Content that City Blue, in its sole and exclusive discretion, deems to violate any provision of these Terms or any applicable law or regulation.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CITY BLUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR ACCURACY OF THIS SITE OR THE INFORMATION, CONTENT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CITY BLUE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CITY BLUE DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS. OR ELECTRONIC COMMUNICATIONS SENT FROM CITY BLUE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CITY BLUE, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIATRIES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, SHAREHOLDER, EMPLOYEES AND/OR AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ATTORNEYS’ FEES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless City Blue and its officers, directors, shareholders, members, managers, agents, employees, parent companies, subsidiaries, and affiliates from any and all claims or suits and for any and all damages, losses, judgments, or liabilities, including but limited to reasonable attorneys’ fees, arising from or related to: (i) your use of this Site; (ii) your actual or alleged breach of the Terms; (iii) your actual or alleged violation of any applicable law or regulation; or (iv) your actual or alleged violation of any third party’s rights, including but not limited to intellectual property rights, through your use of the Site or your submission, posting or otherwise providing of any information, data or content to City Blue and/or the Site.
The Site may provide links to other websites or content providers. City Blue does not expressly or impliedly approve, endorse, sponsor, review or warrant in any way such external sites or information. Any use of links or external information by you is at your own risk.
Unless otherwise expressly set forth herein, all content of this Site, including but not limited to text, graphics, database compilations and software code are the property of City Blue or provided to City Blue under license from the owner of the content, and are protected under United States and international law. You may not download (except as a browser cache), reproduce, copy, create derivative works from, reverse engineer, extract, data mine, sell or otherwise exploit the Site or its contents.“City Blue” and all City Blue logos are the trademarks or service marks of City Blue Apparel, Inc. All rights are reserved.
If you believe that information or content contained on this Site infringes on your copyright or other rights, please notify our copyright agent. [link]
No Joint Venture or Agency Relationship
Neither your use of the Site nor any part of these Terms shall be deemed to create a joint venture, agency, partnership, franchise or employment relationship between you and City Blue. No part of these Terms shall be deemed to authorize you to bind City Blue to any contract or agreement with any third party.
Choice of Law, Jurisdiction and Venue
Your use of the Site and these Terms shall be governed by and construed in accordance with the laws of the State of Illinois without regard for its conflict of law provisions. You agree that any claims or other actions arising out of or relating to your use of this Site or the application of these Terms shall be exclusively litigated in the federal courts located in Chicago, Illinois or state courts located in Cook County, Illinois, and you hereby consent to the exercise of personal jurisdiction over you by all such courts.
Integration and Modification
No term or provision hereof may be waived by City Blue except in writing signed by its duly authorized officer or agent.
The headings of these Terms are for convenience only and shall not be deemed to limit, restrict or alter the content, meaning or effect thereof.
In the event that any provision or any part of a provision of these Terms shall be finally determined to be superseded, invalid, illegal or otherwise unenforceable pursuant to applicable laws by an authority having jurisdiction, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provisions or parts of provisions of these Terms, which shall remain in full force and effect as if the unenforceable provision or part were deleted.
Notice and Procedure for Making Claims of Copyright Infringement
City Blue respects intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide City Blue’s copyright agent the written information specified below.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work you claim to have been infringed;
- A description of where the material that you claim to be infringing is located on the Site;
- Your name, address, telephone number, and, if available, an e-mail addressed;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement from you, under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
City Blue Apparel, Inc.’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Please note that this procedure is exclusively for notifying City Blue Apparel, Inc. that your copyrighted material has been infringed.