User Agreements & Policies

What this Agreement Covers

This Agreement governs your use of this web site (the "Site") and BlueCotton's services (the "Service"). The Site and the Service permit customers ("you") to design and purchase custom merchandise. You may be either an individual purchasing merchandise for personal use or a person that has an appropriate relationship with either (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups; (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations (collectively, "Groups") purchasing merchandise on behalf of your group and that properly describes that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement, and you agree to use the Site and the Service solely as provided in this Agreement.

Intellectual Property Rights Policy

BlueCotton is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by BlueCotton.

BlueCotton is the owner of the BLUECOTTON trademark. There may be other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, that BlueCotton licenses for use from Groups and other third parties (the "Licensed Marks"). By using the Site, you agree to limit your use of Licensed Marks to uses that are directly related to such Groups and third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the Groups and third parties. BlueCotton will notify you if it is aware that your usage violates any such terms.

Generally, products created using images available on the Site should not be resold commercially. In the event that you wish to resell such products, you agree to contact BlueCotton and verify the legality of reselling such products before doing so. Designs created using the text tools and images available through the Site are not the exclusive property of the customers who assemble those designs. BlueCotton retains the right to display those designs or offer them (or variations of those designs) to other customers.

Additionally, BlueCotton has the sole discretion to reject any order that it considers unlawful, harmful, threatening, abusive, harassing, tortious, libelous, defamatory, vulgar, obscene, profane (according to standards established by the FCC or otherwise), invasive of another's privacy, hateful, portraying irresponsible use of alcohol or other substances, advocating persecution or discrimination based on gender, age, race, disability or national origin, containing explicit sexual content or otherwise inappropriate for BlueCotton production. You agree not to use the Site or the Service to create any such material.

You also agree to not use the Site and the Service to create any material that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

Indemnity

You agree to indemnify, defend and hold BlueCotton harmless from and against any and all claims, judgments, damages, losses, liabilities, costs or expenses (including BlueCotton's reasonable attorneys' fees) that may be asserted by any third party, including but not limited to claims for infringement or for injury to the person, property, reputation or rights of another, arising from or relating to any material that you created for any order placed with BlueCotton, your use of the Site and the Service, your violation of this Agreement or your violation of the rights of another.

Privacy Policy

BlueCotton is committed to respecting the privacy rights of our customers and all visitors to the Site. By visiting the Site, you agree to the following policies.

BlueCotton's Web server automatically recognizes your IP address. We collect the e-mail addresses of those who post messages to our bulletin board, the e-mail addresses of those who communicate with us via e-mail, the e-mail addresses of those who make postings to our chat areas, aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations, name and address, telephone number, payment information (e.g., credit card number and billing address). If you supply us your telephone number or e-mail address on-line, you will only receive contact from us with information regarding orders you have placed on-line or other information directly related to BlueCotton.

The information we collect is used for internal review and is then discarded, used to improve the content of our Web page, used to notify consumers about updates to the Site or used by us to contact consumers for marketing purposes. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to this Site to notify you of these changes and provide you with the ability to opt out of these new uses. If you supply us with your postal address on-line, you will only receive the information for which you provided us your address. If you are concerned about how your information is used, you should check back at the Site periodically. Customers may prevent their information from being used for purposes other than those for which it was originally collected by e-mailing us at tshirts@bluecotton.com.

We use cookies to record session information, such as items that consumers add to their shopping cart and record session designs created by the consumer for their future access.

We do not share, rent or sell the information you provide us with any other organizations. We do not partner with or have special relationships with any ad server companies.

The Site is scanned daily by McAfee Secure. When we transfer and receive certain types of sensitive information such as financial information, we redirect visitors to a secure server and attempt to notify visitors. We have administrative, technical and physical security measures in place appropriate to the size and complexity of the BlueCotton organization, which attempt to protect against the loss, misuse or alteration of information that we have collected from you at the Site.

For any questions or comments about our privacy policy, please contact us. Our postal address is:

PO Box 51882
Bowling Green, KY 42102

We can also be reached via e-mail at tshirts@bluecotton.com or by telephone at 800-536-1435.

Anti-Sweat Shop Policy

BlueCotton supports high standards for manufacturing labor conditions. Accordingly, we seek to work with suppliers who promote such standards within their operations. BlueCotton relies upon referrals and reputation to identify such vendors.

Payment and Shipping Policies

BlueCotton accepts online or telephone payment by Discover, Visa, Master Card and American Express credit card. We also accept PayPal. Please submit accurate credit card information. The billing address you enter must match the address your credit company has on file. Your order will not be processed without good credit card information. All payments sent electronically are securely transmitted.

BlueCotton also accepts payment by purchase order for qualified customers. We accept purchase orders from most government and educational institutions and some businesses. We must receive a faxed purchase order (fax to: 1-800-868-1560) to begin production on your order. To submit your request for payment by purchase order, fill out the purchase order form in the payment section of checkout. We will send you an invoice for your order. Invoices may be paid by check or by Discover, Visa, Master Card and American Express credit card.

Unless you have used a valid purchase order, we will not ship your order until we have received full payment. We will contact you if there are any payment issues (e.g. additional garment or ship costs, bad payment information) that have to be resolved before we ship your order.

For standard orders, we guarantee your order to be delivered to you in 10 days from the date of your order. Our shipping calendar on the home page (www.bluecotton.com) will detail the date on which your order should arrive. We ship via USPS and UPS from our production facility in Bowling Green, Kentucky.

We also offer three RUSH order options that guarantee delivery to you in one week or less. RUSH delivery is an upgrade option that guarantees your order to arrive in five business days from the day you place your order. RUSH delivery is available at an additional 15% of your order total. With Super Rush delivery, you can choose from a limited selection of garments and receive your order in three business days from the day you place the order. Super Rush delivery is available at an additional 25% of your order total. We also offer Shirts in a Day delivery for a limited selection of garments. Shirts in a Day is available at an additional 40% of your order total, and orders that are placed before noon Central Time on a business day will ship the same day with guaranteed arrival the next business day. If the order is placed after noon Central Time, they will arrive in two business days.

You must provide a shipping address in standard U.S. mail postal address format (no PO boxes). Please be sure to give us your full company name (if applicable), your full name, full street number, full street name, any and all apt, suite, floor, room or mailbox number designations, city, state, province, country and zip (postal) code.

We provide free shipping on standard (non-rush) orders only via UPS to any address to which UPS delivers and via United States Postal Service to military addresses and Army Post Office boxes. To properly ship to military addresses, we need the recipient's full name (with or without rank, title, or position), unit designation and APO/FPO designation with the nine-digit ZIP Code.

We are not responsible for delivery delays caused by incorrect or incomplete shipping addresses.

Upon request, we will ship to a hotel where you will be a guest. You must confirm with your hotel that you can receive packages and inform us of any special delivery instructions. Many hotels require that the guest has checked in before receiving packages so be sure to check with your hotel. You will need to provide us with the full hotel name, the full name in which the room is registered and room number (if available), full street number, full street name, city, state, province, country and zip (postal) code. We are not responsible if a package is not received due to hotel policies and/or the package is refused by the hotel because you have not arrived.

Order Change and Reorder Policies

We do not recommend making changes to your order once it has been placed unless it is absolutely necessary. However, there is a short period of time after you first place an order when you can add items to non-rush orders. Please contact a customer service representative as soon as possible, but at the latest by the second or third business day. Adding items may delay the production time of your order. You cannot add items to RUSH orders.

If you change the sizes in your order once the order has been placed, we may charge a restocking fee plus any additional cost resulting from the change to your original order.

Returns Policy and Limited Warranty

We are committed to delivering quality apparel with designs that look like what you created on the Site. Our customer service staff reviews every order before it goes to production. We may call or email you if we see something that looks out of the ordinary. If the custom apparel you receive differs materially from what you created on the Site or if the garments are deficient (e.g., holes, tears, stains), then please contact us. If we agree that there is a material difference or deficiency, then we have will reprint your order promptly at no additional charge to you or refund your purchase price. We have sole discretion to decide whether to reprint your order or refund your purchase price.

If your RUSH order arrives later than promised, then let us know and we will refund your rush fee.

Please contact us at 1-800-536-1435 before making any return so that we can process your return promptly and efficiently. You may also email us at returns@bluecotton.com.

Limits of BlueCotton's Responsibility

BlueCotton will be responsible for acting only on those instructions sent to BlueCotton that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. BlueCotton is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. BlueCotton is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.

The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is," "as available." BlueCotton does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. Except for the limited warranty set out above under the heading "Returns Policy and Limited Warranty," BlueCotton expressly disclaims all warranties of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, AND NO SUCH WARRANTIES ARE given in conjunction with the SITE, THE SERVICE or any information obtained or goods ordered from bluecotton. your exclusive remedy for any breach of bluecotton's limited warranty shall be the ORDER REPRINT OR purchase price refund set out above under the heading "returns policy and limited warranty."

In no event will BlueCotton be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if BlueCotton, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

In no event will BlueCotton be liable to YOU or your affiliates for any damages of any kind in any amount in excess of the purchase price you paid for the order to which the claim for damages relates.

Choice of Law and Choice of Venue

This Agreement shall be governed by the laws of the Commonwealth of Kentucky. Any legal action by either party arising from or relating to this Agreement shall be brought only in the United States District Court for the Western District of Kentucky or in the Courts of Warren County, Kentucky. By using the Site and/or the Service, you hereby consent to the exercise of personal jurisdiction over you by those courts.




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