TERMS OF SERVICE
Thank you for choosing Bluegrass Brothers Brand LLC ("Bluegrass Brothers"). Our website, located at www.bluegrassbrothers.com (the "Site"), provides information about our clothing and apparel products and allows you to purchase these products online. Throughout the Site, the terms "we," "us," and "our" refer to Bluegrass Brothers.
Our Site may contain links to third-party websites or resources. We provide these links for your convenience, but we are not responsible for the content, policies, security, products, services, or other information available from those websites. Your use of any third-party websites or resources is at your own risk.
Please note that these Terms contain a mandatory arbitration provision in the "Dispute Resolution and Arbitration" section below. This provision requires you to arbitrate any claims you may have against us on an individual basis, rather than in court. The provision also includes a class action waiver. Because this provision impacts your legal rights, it should be read carefully before using our Site.
We value your feedback and comments on our Site, Services, or Products. You can provide feedback or comments by emailing us at firstname.lastname@example.org or by sending us a message through our website. By providing feedback, you grant Bluegrass Brothers a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use and exploit the feedback for any purpose, whether commercial or non-commercial.
How You Agree to Terms:
By accessing or using any part of the Bluegrass Brothers website, purchasing a product from us, or by clicking to accept or agree to these Terms when this option is presented to you, you engage in our Services and agree to be bound by the following Terms, including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Bluegrass Brothers website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the Bluegrass Brothers website or use any Services. Any new features or tools which are added to the Bluegrass Brothers website shall also be subject to the Terms.
Modifications to Terms:
Bluegrass Brothers reserves the right to update, modify or replace any part of these Terms at any time in our sole discretion. If we do so, we will let you know either by emailing you at the last email address we had on file, posting the modified Terms on the Site, or through another conspicuous communication. You can review the most current version of the Terms at any time on this Site. It is your responsibility to check this Site periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. If you do not agree to be bound by the modified Terms, then you may not access the Site or use the Services. Our Services will evolve over time, therefore, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.
Who can use Bluegrass Brothers Services:
To use Bluegrass Brothers' services, you must be of legal age in your state or province of residence, or have given us consent to allow your minor dependents to use the site. The Services cannot be used for any illegal or unauthorized purpose, and you must not violate any laws in your jurisdiction, including copyright laws. You are not allowed to transmit any worms, viruses or any code of a destructive nature. A breach of any of the Terms will result in immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time. Your Content (excluding credit card information) may be transferred unencrypted and may involve transmissions over various networks or changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided without express written permission by us.
Registration, Information, and Account:
If you wish to use certain features of the Services, including reviewing past and current orders, you must create an Account on the Site and provide your name and email address. If you want to receive text alerts and updates regarding your Account or an order you placed on our Site, you must opt in to receiving text messages. All standard text messaging rates and terms shall apply.
You must provide accurate, complete, and up-to-date information for your Account. You agree to update your information from time to time to keep it accurate, current, and complete. If you fail to do so, we may suspend or terminate your Account.
For Account security purposes and integrity, you agree not to disclose your Site or Account password to anyone. Each user of the Site or Services must use their own Account, and Accounts may not be shared. If your password is compromised, you agree to notify us immediately. You are responsible for any unauthorized use of your Account, including any orders or payments made as a result of any Account usage or compromise.
You may subscribe to our mailing list to receive emails and/or text messages and updates from the Services by providing us with your email address and phone number. You may unsubscribe at any time.
How Our Services Work:
Through our Site, you have the ability to purchase a variety of products, including clothing and accessories ("Products"). You can also use our Services to browse and purchase these Products. Please note that we reserve the right to remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
By accessing and using our Site and Services, you agree to comply with all applicable laws, rules, and regulations of your home jurisdiction. You are prohibited from engaging in any conduct that may violate any laws or regulations or result in civil or criminal infractions or charges, as determined by us at our sole discretion.
You also agree not to use our Services or Site to upload or provide any third-party content that infringes on any intellectual property rights or rights of publicity or privacy. You must not impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents, or act in any manner that would prevent others from using or enjoying our Site or Services.
Furthermore, you are strictly prohibited from soliciting others to perform or participate in any unlawful acts, uploading or transmitting viruses or other malicious code that may affect the functionality or operation of our Service or any related website, or collecting or tracking the personal information of others. You must not spam, phish, pharm, pretext, spider, craw, scrape, or interfere with or circumvent the security features of our Service or any related website.
We reserve the right to terminate your use of our Services or related websites at any time, without notice, for any violation of these general prohibitions.
When using the Bluegrass Brothers site or services, you agree to comply with all applicable laws, rules, and regulations of your jurisdiction. You are also prohibited from engaging in or encouraging conduct that violates any laws or regulations, or that may result in civil or criminal charges.
Furthermore, you are not allowed to use the Services or the Site to provide Bluegrass Brothers with any third-party content that infringes or violates any third-party intellectual property rights, rights of privacy or publicity. You must not impersonate any person, business, or entity, including Bluegrass Brothers, its brands, lines of business, subsidiaries, and affiliated companies, employees, and agents.
You must not act in any manner that would prevent others from using or enjoying the Site or Services. You are also prohibited from soliciting others to perform or participate in any unlawful acts, uploading or transmitting viruses or any other type of malicious code, collecting or tracking the personal information of others, spamming, phishing, or interfering with or circumventing the security features of the Service or any related website.
Additionally, you are not allowed to use, display, mirror, or frame the Services or any individual element within the Services, Bluegrass Brothers' name, any Bluegrass Brothers' trademarks or logos, or other proprietary information without Bluegrass Brothers' express written consent.
You must not attempt to access or tamper with the Site or our computer systems, or the technical delivery systems of Bluegrass Brothers' providers. You must not attempt to access or search the Site, Services, or Content or download any of the foregoing through the use of any engine, software, tool, agent, device, or mechanism other than the search agents provided by Bluegrass Brothers or other generally available third-party web browsers.
You are also prohibited from accessing data not intended for you, logging on to a Bluegrass Brothers server or account you are not authorized to access, testing, scanning, or probing, or attempting to interfere in any way with any part of the Services or the Site or our networks. You must not reverse engineer any part of the Site or Services or interact with the Site and the Services other than as intended by us in connection with browsing the content or purchasing Products.
Pricing on Orders; Order Confirmations; Shipping; Delivery:
Regarding pricing, orders, and shipping, product prices displayed on the Bluegrass Brothers site will be in U.S. Dollars and do not include taxes, shipping, or handling charges that may apply depending on your jurisdiction. Bluegrass Brothers will make reasonable efforts to display accurate, complete, and applicable taxes, shipping, or handling charges before you place an order. Please note that prices of our products are subject to change without notice.
While Bluegrass Brothers makes reasonable efforts to display its products as accurately as possible, including with respect to color, style, fit/dimensions, and consistency with the presentation, we cannot guarantee that the product fit, style, color, look, feel, or other finish or attribute is as it appears in the digital rendering through our site. You are welcome to visit our stores to see the products in person.
After you purchase products, Bluegrass Brothers will provide a confirmation after receipt of your product purchase via email or other communication. We will also provide emails or other communications regarding order fulfillment and shipping status.
However, please note that such confirmation of the order does not constitute an acceptance of your order or a confirmation that we will sell you or ship you the products specified in the order. Bluegrass Brothers only sells to end customers, not wholesalers or other dealers in goods, so we may cancel your order if it is not a bona fide end customer or consumer order.
Further, you acknowledge and agree that Bluegrass Brothers may:
- Refuse to fill your order;
- Limit the quantity of Products that you order; or
- Cancel quantities purchased per Account (or by another bona fide metric that Bluegrass Brothers determines, in its sole discretion).
In connection with the submission of your Product order, you agree to pay for the Products initially ordered plus any applicable taxes, shipping or delivery/handling costs in advance. Payment must be made through the methods that Bluegrass Brothers offers you during the checkout process (each, a "Method of Payment"), which may include payment by valid credit card. By submitting payment information through the Site, you authorize Bluegrass Brothers (or any third-party payment service that Bluegrass Brothers engages) to charge your Method of Payment at the time you checkout and submit your Product order.
If Bluegrass Brothers takes any of the above actions with respect to canceling or modifying your order, it will attempt to notify you by contacting the email address provided at the time the order was made. If any order is paid for and subsequently altered, modified, or canceled, Bluegrass Brothers will provide a full or partial refund, as applicable, or a credit for your future use of our Services or purchase of our Products.
When checking out and submitting an order for Products, you may select a shipment method (if more than one method is available through the Site) and Bluegrass Brothers will display its estimate of the shipment method that will be charged to you. However, please note that Bluegrass Brothers is not responsible for any damaged or delayed Product deliveries, as deliveries are made by third-party shippers that Bluegrass Brothers engages and any delays or damaged shipments are due to events that are beyond Bluegrass Brothers' control.
Returns / Exchanges:
Return and Exchange Policies. We want you to be completely satisfied with your purchase, so we offer a return and exchange policy. If you are not satisfied with your purchase, you may return or exchange the Product within 30 days of the purchase date. Products must be returned in their original condition and packaging, and you will be responsible for any applicable shipping and/or handling charges unless the return is due to our error.
Product Information. Some Products displayed on the Site may be available exclusively online through the Services, and we may have limited quantities of these Products. If a Product is no longer in stock, we will do our best to remove it from the Site in a timely manner. If you have any questions about the availability of a particular Product, please contact our Customer Service at email@example.com.
We reserve the right to correct any errors, inaccuracies, or omissions, and to update Product information at any time without prior notice. In the event that a Product is listed at an incorrect price due to an error in pricing information, we reserve the right to refuse or cancel any orders placed for the Product listed at the incorrect price, even if your Method of Payment has already been charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price. We make no commitment to update, amend or clarify information on the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services or on any related website should be taken to indicate that all information on the Services or on any related website has been modified or updated.
Alerts and Notifications:
As part of the Services, you may receive notifications, alerts, emails, text messages, or other types of messages regarding the Services (for example, order confirmations, shipment confirmations, and/or delivery information). We may also periodically send you emails or text messages that directly promote the Services and Products (for example, new Product offerings or features we provide, recommendations, special discounts, or promotions). By using the Services, you agree to receive these types of communications from us. However, you may opt-out of receiving promotional emails or text messages at any time by following the unsubscribe instructions provided in the email or text message you receive. Please note that opting-out of promotional messages will not affect our ability to send you messages about your orders or other Services-related notifications.
Content and Content Rights:
For purposes of these Terms: (i) “Content” means text, graphics, images or other materials that are posted, generated, provided or made available through the Site or the Services; and (ii) “User Content” means any Content that you provide through the Services or transmit to us, including but not limited to reviews, comments, suggestions, and feedback. References to the “Content” includes User Content, unless otherwise indicated in the context of the use.
You acknowledge and agree that all Content, including User Content, made available through the Site or Services, is the sole responsibility of the person from whom such Content originated. We do not guarantee the accuracy, integrity, or quality of any Content, and we are not responsible for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Site or Services.
By providing User Content through the Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor our use of the User Content as permitted herein will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Content Ownership, Responsibility and Removal:
Excluding User Content, Bluegrass Brothers and/or its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge and agree that the Services and Content are protected by applicable intellectual property laws, including laws of the United States and foreign countries in which we operate. BLUEGRASS BROTHERS, BLUEGRASS BROS and all our related names, logos, designs and slogans are trademarks of Bluegrass Brothers and/or its licensors and you are not permitted to republish, repost, create derivative works of or use any of our marks without the express prior written permission of Bluegrass Brothers with respect to the specific use at issue. Notwithstanding the foregoing restrictions, and subject in all respects to your adherence to the Terms, you are permitted to use the Content solely in connection with your use of the Services and your purchase of the Products for your personal use (and not for commercial distribution or other commercial purposes.)
Bluegrass Brothers reserves the right, in its sole discretion, to remove any Content or User Content, including but not limited to User Content that violates these Terms or is otherwise objectionable or inaccurate, without prior notice to you.
Termination of Use:
We may terminate your access to and use of the Services, in our sole discretion, at any time and without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. The obligations and liabilities of the parties prior to the termination date shall survive the termination of this agreement for all purposes. Further, upon any termination, discontinuation or cancellation of Services or your Account, provisions by their nature that would survive will survive termination.
Your use of the Services, Content, and Products, including any purchases you make, are at your sole risk. The Services, Content, and Products are provided "as is" without warranty of any kind. STATE AND LIBERTY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. STATE AND LIBERTY DOES NOT WARRANT THAT THE SERVICES, CONTENT, OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, CONTENT, OR PRODUCTS, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless State and Liberty, its parent, affiliates, licensees, successors and assigns, and any of their respective directors, officers, employees, and agents from and against all claims, liabilities, damages, expenses, and costs (including reasonable attorneys' fees) of any kind that arise out of or are related to your use of the Site, Services, Content, or Products, or any violation of these Terms.
Limitation of Liability:
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, BLUEGRASS BROTHERS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, PRODUCTS OR CONTENT (“THE RELEASED PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH OR ANY OTHER TYPE OF DAMAGE, ANY ERRORS OR OMISSION IN ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BLUEGRASS BROTHERS OR ANY OF THE OTHER RELEASED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, BLUEGRASS BROTHERS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OF THE PRODUCTS, USE THE SERVICES OR INTERACTION WITH THE SITE OR CONTENT SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO BLUEGRASS BROTHERS IN THE FOUR (4) WEEK PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, IF ANY, OR TWO HUNDRED DOLLARS ($200), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BLUEGRASS BROTHERS, AS APPLICABLE.
You hereby acknowledge and agree that the exclusions set forth above and limitations of damages set forth herein are fundamental elements of the transactions between us.
Non-United States Use & Restrictions:
Bluegrass Brothers controls and operates the Services from the United States, and all information is processed within the United States. We do not represent that the Content on the Services is appropriate or available for use in other locations. By visiting and using any of the Services, you acknowledge that you are not a national of, or resident within any of the countries that are subject to trade embargo, restriction or other limitation under any laws and regulations or listed on any of the United States government's lists of prohibited and restricted parties, and that you are authorized to access and use the Services under the laws of the jurisdiction in which you are located.
Notice for California Users:
Under California Civil Code Section 1789.3, California users of Bluegrass Brothers Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Dispute Resolution and Arbitration:
In the event of a dispute, claim or controversy between Bluegrass Brothers and you that arises out of or relates to these Terms or any aspect of the relationship between you and Bluegrass Brothers, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (collectively, a “Dispute”), you and Bluegrass Brothers agree to try to resolve such Dispute informally by first sending a notice to the other. Such notice must be clearly marked “Notice of Dispute” and include the name and contact information of the party giving such notice. The notice must also include the nature of the dispute, including the facts related to the dispute, in reasonable detail. Further, the notice must include a specific statement of the proposed resolution of the Dispute. If any notice is provided to us, you must send any such notice to the email address specified by Bluegrass Brothers.
In advance of any litigation or arbitration, you and Bluegrass Brothers agree to use reasonable efforts to settle any Dispute through good faith negotiations within thirty (30) days after the submission of the Dispute notice. If a Dispute is not resolved within such period, the arbitration provisions of this section shall apply.
IN THE EVENT THAT ANY DISPUTE IS UNRESOLVED THROUGH INFORMAL DISCUSSIONS WITHIN THIRTY (30) DAYS AS DESCRIBED IN THE “INFORMAL DISPUTE RESOLUTION” SECTION ABOVE, AND EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND BLUEGRASS BROTHERS AGREE TO RESOLVE SUCH DISPUTE THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT BLUEGRASS BROTHERS AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. OTHER RIGHTS THAT YOU AND BLUEGRASS BROTHERS WOULD HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”).
Any award rendered as a result of the arbitration process will be final and may be enforced in any court having jurisdiction thereof; provided, however that nothing in these Terms precludes you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against Bluegrass Brothers for you.
Further, notwithstanding any other term set forth above, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site or Services or actual or threatened use of the Content without first complying with the terms of the good faith negotiation or arbitration provisions in this section.
If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason, then the Dispute will not be subject to arbitration and such Dispute must be brought in the appropriate federal or state court in the jurisdiction where Bluegrass Brothers operates. Claims brought in state court may be removed to federal court if removal jurisdiction exists. Both you and Bluegrass Brothers consent to venue and exclusive jurisdiction of the United States District Court for the Eastern District of Kentucky for cases brought in a United States Federal Court, and to exclusive jurisdiction of the Circuit Court of the County of Fayette, Kentucky for all other disputes
These Terms and any action related thereto will be governed by the laws of the State of Kentucky without regard to its conflict of laws provisions. These Terms constitute the entire agreement between you and Bluegrass Brothers, govern your use of the Services, and supersede any prior agreements between you and Bluegrass Brothers. You may not assign or transfer these Terms without our express prior written consent. Any unapproved attempt to assign or transfer these Terms will be null and void ab initio. Bluegrass Brothers may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. You agree that no joint venture, partnership, employment, or agency relationship exists between Bluegrass Brothers and you as a result of these Terms or your use of the Services. The failure of Bluegrass Brothers to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. The section titles in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms or the Services, please contact us at email@example.com.